FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Archives 75th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The year 2010 commemorates the 75th Anniversary of the opening of the National Archives Building, which houses the Declaration of Independence, the Constitution, and the Bill of Rights (known collectively as the Charters of Freedom). (2) The National Archives and Records Administration has, over the course of its history, established itself as public trust on which our democracy depends and has proven itself to be a vital and invaluable resource within the Federal Government. (3) The National Archives and Records Administration has expanded its role as the nation's recordkeeper and raised its public profile as democracy's beacon. (4) The National Archives and Records Administration serves American democracy by ensuring that the people can discover, use, and trust the records of our government. (5) The National Archives and Records Administration fulfills this role by-- (A) preserving for the American people and their public servants the records of our Federal Government; (B) ensuring continuing access to the essential documentation of the rights of American citizens and the actions of their Government; and (C) promoting democracy, civic education, and historical understanding of our national experience. (6) In 1935, the National Archives Building was opened on the Washington Mall, featuring a grand rotunda designed for the display of the Declaration of Independence, the Constitution, and the Bill of Rights. SEC. 3. COIN SPECIFICATIONS. (a) In General.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue such number of $1 coins as the Secretary may determine to be appropriate, in the quantities described in section 4, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) 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. SEC. 4. DESIGN AND QUANTITIES OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Archives Building and shall honor the National Archives and Records Administration as a public trust on which our democracy depends and of the Charters of Freedom that the Administration enshrines for posterity. (2) Obverse.--The obverse of the coins minted under this Act shall be representative of the 75th Anniversary of the National Archives Building. (3) Reverse.-- (A) Declaration of independence.--Not more than 350,000 of the $1 coins minted under this Act shall feature an image of the Declaration of Independence. (B) United states constitution.--Not more than 350,000 of the $1 coins minted under this Act shall feature an image of the Constitution of the United States. (C) Bill of rights.--Not more than 350,000 of the $1 coins minted under this Act shall feature an image of the Bill of Rights. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2010''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Foundation for the National Archives; and (2) reviewed by the Citizens Coinage 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) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2010, and ending on December 31, 2010. 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 sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and 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) Promotion Consultation.--The Secretary shall-- (1) consult with the National Archives and Records Administration to determine the feasibility of providing a role for the National Archives and Records Administration in the promotion, advertising, and marketing of the coins minted under this Act; and (2) if the Secretary determines that such action would be beneficial to the sale of coins minted under this Act, enter into a memorandum of agreement with the National Archives and Records Administration to carry out the role established under paragraph (1). SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to, and divided equally between, the Foundation for the National Archives and the National Archives and Records Administration Trust Fund to be used for the purpose of supporting public programs, educational outreach activities, and archival programs of the National Archives and Records Administration. (c) Audits.--The Foundation for the National Archives and the National Archives and Records Administration Trust Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

National Archives 75th Anniversary Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins whose design: (1) is emblematic of the National Archives Building; and (2) honors the National Archives and Records Administration as a public trust on which American democracy depends and of the Charters of Freedom that the Administration enshrines for posterity. Requires the obverse of the coins to be representative of the 75th Anniversary of the National Archives Building. Requires such coins to feature an image of: (1) the Declaration of Independence; (2) the Constitution of the United States; and (3) the Bill of Rights. Declares that: (1) only one U.S. Mint facility may be used to strike any particular combination of denomination and quality of such coins; and (2) the coins may be issued only during calendar 2010. Prescribes guidelines for coin sales and a coin surcharge.

To require the Secretary of the Treasury to mint coins in commemoration of the 75th Anniversary of the opening of the National Archives Building, and for other purposes.

SECTION 1. ENHANCED COMPENSATION BENEFITS FOR VETERANS IN CERTAIN CASES OF IMPAIRMENT OF VISION INVOLVING BOTH EYES. (a) Short Title.--This section may be cited as the ``Dr. James Allen Veteran Vision Equity Act''. (b) Enhanced Compensation.--Section 1160(a)(1) of title 38, United States Code, is amended-- (1) by striking ``blindness'' both places it appears and inserting ``impairment of vision''; and (2) by inserting before the semicolon at the end the following: ``, where the impairment in each eye is to a visual acuity of 20/200 or less''. SEC. 2. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Use of Information in National Directory of New Hires.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Use of National Directory of New Hires for income verification purposes ``(a) Information From National Directory of New Hires.--(1) The Secretary shall furnish to the Secretary of Health and Human Services, on a quarterly basis or at such intervals as may be determined by the Secretary, information in the custody of the Secretary for comparison with information in the National Directory of New Hires maintained by the Secretary of Health and Human Services pursuant to section 453 of the Social Security Act (42 U.S.C. 653), in order to obtain the information in such directory with respect to individuals under the age of 65 who are applicants for or recipients of benefits or services specified in subsection (d). ``(2) The Secretary shall seek information pursuant to this subsection only to the extent essential to determining eligibility for benefits and services specified in subsection (d) and the amount of benefits specified in paragraphs (1) and (2) of that subsection for individuals under the age of 65. ``(3)(A) The Secretary of Health and Human Services, in cooperation with the Secretary, shall compare information in the National Directory of New Hires with information in the custody of the Secretary furnished pursuant to paragraph (1), and disclose information in that Directory to the Secretary, in accordance with this subsection, for the purposes specified in this subsection. ``(B) The Secretary of Health and Human Services may make a disclosure in accordance with subparagraph (A) only to the extent that that Secretary determines that such disclosure does not interfere with the effective operation of the program under part D of title IV of the Social Security Act. ``(4) The Secretary may use information resulting from a data match pursuant to this subsection only for the purpose of determining eligibility for benefits and services specified in subsection (d) and the amount of benefits specified in paragraphs (1) and (2) of that subsection. ``(5) The Secretary shall reimburse the Secretary of Health and Human Services for the additional costs incurred by that Secretary in furnishing information under this subsection. Such reimbursement shall be at rates that the Secretary of Health and Human Services determines to be reasonable (which rates shall include payment for the costs of obtaining, verifying, maintaining, and comparing the information). ``(b) Notification to Beneficiaries.--The Secretary shall notify each applicant for, or recipient of, a benefit or service specified in subsection (d) that income information furnished by the applicant to the Secretary may be compared with information obtained by the Secretary from the Secretary of Health and Human Services under subsection (a). The Secretary shall periodically transmit to recipients of such benefits additional notifications of such matters. ``(c) Independent Verification Required.--The Secretary may not, by reason of information obtained from the Secretary of Health and Human Services under subsection (a), terminate, deny, suspend, or reduce any benefit or service described in subsection (d) until the Secretary takes appropriate steps to verify independently information relating to employment and employment income. ``(d) Covered Benefits and Services.--The benefits and services specified in this subsection are the following: ``(1) Needs-based pension benefits provided under chapter 15 of this title or under any other law administered by the Secretary. ``(2) Parents' dependency and indemnity compensation provided under section 1315 of this title. ``(3) Health-care services furnished under subsections (a)(2)(G), (a)(3), and (b) of section 1710 of this title. ``(4) Compensation paid under chapter 11 of this title at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule. ``(e) Limitation With Respect to Individual Unemployability Cases.--In the case of compensation described in subsection (d)(4), the Secretary may independently verify or otherwise act upon wage or self- employment information referred to in subsection (c) of this section only if the Secretary finds that the amount and duration of the earnings reported in that information clearly indicate that the individual is not qualified for a rating of total disability. ``(f) Opportunity to Contest Findings.--The Secretary shall inform the individual of the findings made by the Secretary on the basis of verified information under subsection (c), and shall give the individual an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved. ``(g) Source of Funds for Administration of Section.--The Secretary shall pay the expenses of carrying out this section from amounts available to the Department for the payment of compensation and pension. ``(h) Termination of Authority.--The authority of the Secretary to obtain information from the Secretary of Health and Human Services under subsection (a) expires on September 30, 2010.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Use of National Directory of New Hires for income verification purposes.''. (c) Effective Date.--Section 5320 of title 38, United States Code, as added by subsection (a), shall take effect 270 days after the date of the enactment of this Act.

Dr. James Allen Veteran Vision Equity Act - Modifies the standard for awarding disability compensation to veterans for loss of vision to require payment of compensation for impairment of vision (currently, blindness) involving both eyes due to a service-connected and non service-connected disability. Defines such impairment as a visual acuity of 20/200 or less. Requires the Secretary of Veterans Affairs to provide the Secretary of Health and Human Services with information for comparison with the National Directory of New Hires to determine eligibility for certain veteran benefits and services.

To amend title 38, United States Code, to improve compensation benefits for veterans in certain cases of impairment of vision involving both eyes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Our Nation's economy and society are increasingly dependent on Internet services. (2) The Internet is an essential infrastructure that is comparable to roads and electricity in its support for a diverse array of economic, social, and political activity. (3) Internet technologies and services hold the promise of advancing economic growth, fostering investment, creating jobs, and spurring technological innovation. (4) As the Nation becomes more reliant upon such Internet technologies and services, unfettered access to the Internet to offer, access, and utilize content, services, and applications is vital. (5) The global leadership in high technology that the United States provides today stems directly from historic policies that embraced competition and openness and that have ensured that telecommunications networks are open to all lawful uses by all users. (6) The Internet was enabled by those historic policies and provides an open architecture medium for worldwide communications, providing a low barrier to entry for Internet- based content, applications, and services. (7) Due to legal and marketplace changes, these features of the Internet are no longer certain, and erosion of these historic policies permits telecommunications network operators to control who can and who cannot offer content, services, and applications over the Internet utilizing such networks. (8) The national economy would be severely harmed if the ability of Internet content, service, and application providers to reach consumers was frustrated by interference from broadband telecommunications network operators. (9) The overwhelming majority of residential consumers subscribe to Internet access service from 1 of only 2 wireline providers: the cable operator or the telephone company. (10) Internet access service providers have an economic interest to discriminate in favor of their own services, content, and applications and against other providers. (11) A network neutrality policy based upon the principle of nondiscrimination and consistent with the history of the Internet's development is essential to ensure that Internet services remain open to all consumers, entrepreneurs, innovators, and providers of lawful content, services, and applications. (12) A network neutrality policy is also essential to give certainty to small businesses, leading global companies, investors, and others who rely upon the Internet for commercial reasons. (13) A network neutrality policy can also permit Internet service providers to take action to protect network reliability, prevent unwanted electronic mail, and thwart illegal uses in the same way that telecommunications network operators have historically done consistent with the overarching principle of non-discrimination. (14) Because of the essential role of Internet services to the economic growth of the United States, to meet other national priorities, and to our right to free speech under the First Amendment of the Constitution of the United States, the United States should adopt a clear policy preserving the open nature of Internet communications and networks. SEC. 3. INTERNET FREEDOM. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. INTERNET FREEDOM. ``(a) Internet Freedom Policy.--It is the policy of the United States-- ``(1) to protect the right of consumers to access lawful content, run lawful applications, and use lawful services of their choice on the Internet; ``(2) to preserve and promote the open and interconnected nature of broadband networks and to enable consumers to connect to such networks their choice of lawful devices, as long as such devices do not harm the network; ``(3) to promote consumer choice and competition among providers of lawful content, applications, and services; ``(4) to ensure that consumers receive meaningful information regarding their communications services; ``(5) to ensure the ability to use or offer lawful broadband content, applications, and services for lawful purposes, as has been the policy and history of the Internet and the basis of user expectations since its inception; ``(6) to guard against discriminatory favoritism for, or degradation of, lawful content, applications, or services by network operators based upon their source, ownership, or destination on the Internet; ``(7) to preserve the freedom of independent Internet content, application, and service providers to compete and innovate; ``(8) to foster an evolving level of capacity available throughout communications networks to support competition and innovation for lawful Internet content, applications, and services, including applications and services that require substantial downstream and upstream bandwidth; and ``(9) to ensure that the Internet remains an indispensable platform for innovation in the United States economy, thereby enabling the Nation to provide global leadership in online commerce and technological progress. ``(b) Duties of Internet Access Service Providers.--With respect to any Internet access service offered to the public, each Internet access service provider shall have the duty to-- ``(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use an Internet access service to access, use, send, post, receive, or offer any lawful content, application, or service through the Internet; ``(2) not impose a charge on any Internet content, service, or application provider to enable any lawful Internet content, application, or service to be offered, provided, or used through the provider's service, beyond the end user charges associated with providing the service to such provider; ``(3) not prevent or obstruct a user from attaching any lawful device to or utilizing any such device in conjunction with such service, provided such device does not harm the provider's network; ``(4) offer Internet access service to any person upon reasonable request therefor; ``(5) not provide or sell to any content, application, or service provider, including any affiliate provider or joint venture, any offering that prioritizes traffic over that of other such providers on an Internet access service; and ``(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section. ``(c) Commission Action.--Not later than 90 days after the date of enactment of the Internet Freedom Preservation Act of 2009, the Commission shall promulgate rules to ensure that providers of Internet access service-- ``(1) fulfill the duties described in subsection (b); ``(2) disclose meaningful information to consumers about a provider's Internet access service in a clear, uniform, and conspicuous manner and in conformity with the duties described in subsection (e); ``(3) generally, to the extent feasible, make available sufficient network capacity to users to enable the provision, availability, and use of an Internet access service to support lawful content, applications, and services that require high bandwidth communications to and from an end user; and ``(4) not operate Internet access services in an anticompetitive, unreasonable, unfair, discriminatory, or deceptive manner. ``(d) Reasonable Network Management.--Nothing in this section shall be construed to prohibit an Internet access provider from engaging in reasonable network management consistent with the policies and duties of nondiscrimination and openness set forth in this Act. For purposes of subsections (b)(1) and (b)(5), a network management practice is a reasonable practice only if it furthers a critically important interest, is narrowly tailored to further that interest, and is the means of furthering that interest that is the least restrictive, least discriminatory, and least constricting of consumer choice available. In determining whether a network management practice is reasonable, the Commission shall consider, among other factors, the particular network architecture or technology limitations of the provider. ``(e) Transparency for Consumers.--With respect to any Internet access service or private transmission capacity offered to the public, each Internet access service provider shall provide to consumers and make publicly available detailed information about such services, including information about the speed, nature, and limitations of such services. Each Internet access service provider must publicly disclose, at a minimum, network management practices that affect communications between a user and a content, application, or service provider in the ordinary, routine use of such broadband service. ``(f) Stand-Alone Internet Access Service.--Within 180 days after the date of enactment of the Internet Freedom Preservation Act of 2009, the Commission shall promulgate rules to ensure that an Internet access service provider does not require a consumer, as a condition on the purchase of any Internet access service offered by such provider, to purchase any other service or offering. The Commission shall adopt any other rules it determines necessary to make such requirement effective and meaningful for consumers. ``(g) Other Services.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act of 2009, the Commission shall complete all actions necessary to-- ``(1) promote an ever-increasing level of Internet access service to end users; ``(2) ensure that such evolving level of service provided to end users is capable of supporting lawful content, applications, and services and provides ample bandwidth for such traffic to and from an end user; ``(3) promote both facilities-based and nonfacilities-based competition to enable information service providers to have marketplace choices for transmission capacity to reach end users; ``(4) define the term `private transmission capacity services'; ``(5) clarify whether private transmission capacity services may not be subject to the duties described in subsections (b)(5) and (b)(6); ``(6) ensure that private transmission capacity services do not undermine the purposes of this Act and do not diminish or degrade the level of Internet access service offered to the public by the same provider; and ``(7) ensure that private transmission capacity services are not offered in an anticompetitive, unreasonable, discriminatory, or deceptive manner. ``(h) Implementation.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act of 2009, the Commission shall-- ``(1) prescribe rules to permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; ``(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown; ``(3) prescribe rules with respect to the reasonable network management practices described under subsection (d) for all Internet access services; and ``(4) prescribe rules with respect to the appropriate disclosure obligations under subsection (e) for private transmission capacity services. ``(i) Enforcement.-- ``(1) In general.--The Commission shall enforce compliance with this section under title V, except that-- ``(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and ``(B) the provisions of section 503(b)(5) shall not apply. ``(2) Special orders.--In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order-- ``(A) directing an Internet access service provider to pay damages to a complaining party for a violation of this section or the regulations promulgated pursuant to this section; or ``(B) to enforce the provisions of this section. ``(j) Illegal Conduct.--Nothing in this Act shall be construed or interpreted to affect any law or regulation addressing prohibited or unlawful activity, including any laws or regulations prohibiting theft of content. ``(k) Definitions.--For purposes of this section, the following definitions apply: ``(1) Internet access service.--The term `Internet access service' means a 2-way transmission offered by an Internet access service provider that transmits information between 2 or more points and that has as its primary, but not exclusive, purpose the enabling of data to be sent or received from the Internet. ``(2) Internet access service provider.--The term `Internet access service provider' means a person or entity that operates or resells and controls any facility used to provide an Internet access service directly to the public, whether provided for a fee or for free, and whether provided via wire or radio, except when such service is offered as an incidental component of a noncommunications contractual relationship. ``(3) User.--The term `user' means any residential or business subscriber who, by way of an Internet access service, takes and utilizes Internet access services, whether provided for a fee, in exchange for an explicit benefit, or for free. ``(4) Reasonable network management.--The term `reasonable network management' shall be defined by the Commission through regulations.''.

Internet Freedom Preservation Act of 2009 - Amends the Communications Act of 1934 to set the policy of the United States regarding various aspects of the Internet, including access, consumer choice, competition, ability to use or offer content, applications, and services, discriminatory favoritism, and capacity. Makes it the duty of each Internet access service provider to: (1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use an Internet access service; (2) not impose certain charges on any Internet content, service, or application provider; (3) not prevent or obstruct a user from attaching or using any lawful device in conjunction with such service, provided the device does not harm the provider's network; (4) offer Internet access service to any requesting person; (5) not provide or sell to any content, application, or service provider any offering that prioritizes traffic over that of other such providers; and (6) not install or use network features, functions, or capabilities that impede or hinder compliance with these duties. Requires the Federal Communications Commission (FCC) to promulgate related rules. Prohibits construing this Act to prohibit an Internet access provider from engaging in reasonable network management. Requires the FCC to: (1) promulgate rules to ensure that an Internet access service provider does not require a consumer, as a condition on the purchase of any Internet access service, to purchase any other service or offering; and (2) take certain actions, including regarding private transmission capacity services.

To amend the Communications Act of 1934 to establish a national broadband policy, safeguard consumer rights, spur investment and innovation, and for related purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Responsibility to Iraqi Refugees Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expansion of special immigrant status for certain Iraqis. Sec. 3. Special Coordinator for Iraqi refugees. Sec. 4. Security and related grounds for inadmissibility. Sec. 5. Authorizations of appropriations. SEC. 2. EXPANSION OF SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if-- (1) the alien, or an agent acting on behalf of the alien, files with the Secretary of Homeland Security a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and (2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply. (b) Aliens Described.-- (1) Principal aliens.--An alien is described in this subsection if the alien-- (A) is a national of Iraq; (B) worked directly with the United States Government, the United Nations, certified government or United Nations contractor or subcontractor, or United States-based nongovernmental organization for a period of at least one year; and (C) has a not manifestly unfounded fear of persecution, violence, or harm to the alien or the alien's family on account of the work of the alien under subparagraph (B). (2) Spouses and children.--An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien. (3) Presumption.--An alien who is described in subparagraphs (A) and (B) of paragraph (1) shall be presumed to satisfy the requirement described in subparagraph (C) of such paragraph. (c) Numerical Limitations and Benefits.-- (1) In general.--The total number of principal aliens who may be provided special immigrant status under this section shall not exceed 15,000 for each of fiscal years 2008 through 2011. (2) Exclusion from numerical limitations.--Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). (3) Benefits.--Aliens provided special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157). (d) Protection of Aliens.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall provide an alien described in this section who is applying for a special immigrant visa with protection if such Secretaries determine that such alien is in imminent danger. (2) Forms of protection.--Protection required under paragraph (1) may include temporary housing on United States military bases or at provincial reconstruction team offices or the immediate removal from Iraq of such alien. (e) Processing Facilities.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall establish not fewer than five processing facilities where aliens described in subsection (b) may apply and interview for admission to the United States as special immigrants and where aliens described in section 6(b) may apply and interview for admission to the United States as refugees. (2) Locations.--The processing facilities required under paragraph (1) shall be established in at least-- (A) two locations in Baghdad; (B) one location in southern Iraq; and (C) two locations in Iraqi Kurdistan. (3) Minimization of security risks.--The processing facilities shall be established so as to minimize to the greatest extent practicable security risks for aliens described in subsection (b) who are applying and interviewing for admission to the United States as special immigrants. (f) Cooperation With Iraqi Government Officials.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security shall seek to cooperate with appropriate officials from the Government of Iraq to-- (A) increase the capacity of the Government of Iraq to issue passports to aliens described in subsection (b); and (B) ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United States. (2) Payment of passport fees.--The Secretaries shall pay the costs associated with the issuance of such Iraqi passports. (g) Waiver of Visa Fees.--Neither the Secretary of State nor the Secretary of Homeland may charge an alien described in this section any fee in connection with an application for or issuance of a special immigrant visa. (h) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report on aliens described in this section who worked directly with the United States Government, the United Nations or other international organizations, certified government or international organization contractors or subcontractors, or international nongovernmental organization as a translator for a period of at least one year. (2) Classified annex.--The report required under paragraph (1) may include a classified annex, containing information relating to personally identifiable information, as necessary, to be used by appropriate United States Government officials for the purpose of processing applications for special immigrant visas under this section. (i) Application of Immigration and Nationality Act Provisions.--The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the administration of this section. (j) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the provisions of this section, including regulations relating to requirements for background checks. (k) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. SPECIAL COORDINATOR FOR IRAQI REFUGEES. (a) In General.--There is established in the Department of State a Special Coordinator for Iraqi Refugees and Internally Displaced Persons. (b) Location.--The Special Coordinator shall be based at the embassy of the United States in Baghdad, Iraq. (c) Duties.--The Special Coordinator shall be responsible for the development and implementation of appropriate policies and programs concerning Iraqi refugees and internally displaced persons, and shall establish an inter-agency task force to coordinate such policies and programs. SEC. 4. COUNTRIES OF SIGNIFICANCE. With respect to each country containing a significant population of displaced Iraqis, including Iraq, Jordan, Syria, Turkey, and Lebanon, the Secretary of State shall-- (1) as appropriate, seek to negotiate a bilateral refugee resettlement agreement for such populations; (2) develop mechanisms to ensure the well-being, safety, and right to work of such populations in their host environments, including the necessary financial, material, and political assistance to support such mechanisms; (3) submit to Congress, not later than 90 days after the date of the enactment of this Act and every 90 days thereafter, a report on the actions taken and progress made under this subsection. SEC. 5. STUDY AND REPORT BY GAO. Not later than one year after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall submit to Congress a report on the adequacy and effectiveness of United States and United Nations programs to protect and assist Iraqi refugees and internally displaced persons. SEC. 6. INCREASE IN NUMERICAL LIMITATIONS. (a) In General.--In addition to the numerical limitations provided for under subsections (a) and (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the number of refugees who may be admitted during the remainder of fiscal year 2007 and during fiscal year 2008 under subsection (c) of such section shall be increased by not fewer than 20,000 for the purpose of admitting refugees from Iraq. (b) Prioritization.--The following groups shall me considered Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system: (1) Female-headed households and unaccompanied children. (2) Religious communities of antiquity, including Chaldo- Assyrian Christians, Jews, Sabean Mandeans, Yazidis, Bahais, and others. (3) Other religious, ethnic, social, or minority groups, including gay and lesbian Iraqis, subject to violence, intimidation, or discrimination by state or non-state actors. (4) Iraqis with family members in the United States. SEC. 7. SECURITY AND RELATED GROUNDS FOR INADMISSIBILITY. (a) In General.--Section 212(d)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows: ``(B)(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine in such Secretary's sole unreviewable discretion that subsection (a)(3)(B) shall not apply with respect to an alien within the scope of that subsection, or that subsection (a)(3)(B)(vi)(III) shall not apply to a group. Such a determination shall neither prejudice the ability of the United States Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or non-statutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review such a determination except in a proceeding for review of a final order of removal pursuant to section 242 and only to the extent provided in subsection (a)(2)(D) of such section. The Secretary of State may not exercise the discretion provided in this clause with respect to an alien at any time during which the alien is the subject of pending removal proceedings under section 240.''. (b) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is amended, in the matter preceding item (aa), by striking ``to commit an act that the actor knows'' and inserting ``to commit an act, other than an act carried out under duress, that the actor knows''. (c) Technical Correction.--Section 212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended, in the matter preceding subclause (I), by striking ``Subclause (VII)'' and inserting ``Subclause (IX)''. (d) Regulations.--Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security and the Secretary of State shall each publish in the Federal Register regulations establishing the process by which the eligibility of a refugee, asylum seeker, or individual seeking to adjust the immigration status of such individual is considered eligible for any of the exceptions authorized by clause (i) of section 212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)), including a timeline for issuing a determination relating thereto. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this section. Such amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)) shall apply to-- (1) removal proceedings instituted before, on, or after the date of the enactment of this section; and (2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. (f) Waiver of Limitation on United States Emergency Refugee and Migration Assistance Fund.--Funds appropriated or otherwise made available for each of fiscal years 2008 and 2009 for the United States Emergency Refugee and Migration Assistance Fund established under section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) shall not be subject to the limitation contained in the second sentence of such section. SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. (a) United States Emergency Refugee and Migration Assistance Fund.--There is authorized to be appropriated such sums as may be necessary to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) for assistance to Iraqi refugees. (b) Migration and Refugee Assistance.--There is authorized to be appropriated such sums as may be necessary to the Migration and Refugee Assistance account of the Department of State, of which-- (1) for assistance to Iraqi refugees in countries of first asylum through international nongovernmental organizations; (2) for a contribution to the United Nations High Commissioner for Refugees; (3) for a contribution to the International Committee of the Red Cross; and (4) for the resettlement in the United States of Iraqis admitted to the United States as special immigrants or refugees under this Act. (c) Office of Refugee Resettlement.--There is authorized to be appropriated such sums as may be necessary to the Office of Refugee Resettlement of the Department of Health and Human Services for the resettlement in the United States of Iraqi refugees. (d) Department of Homeland Security.--There is authorized to be appropriated such sums as may be necessary to the Secretary of Homeland Security for expedited refugee processing and the temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services of the Department of Homeland Security. (e) International Disaster and Famine Assistance Account.--There is authorized to be appropriated such sums as may be necessary to the International Disaster and Famine Assistance account of the Department of State for assistance to internally displaced Iraqis. (f) FBI.--There is authorized to be appropriated such sums as may be necessary to the Federal Bureau of Investigation to expedite background checks and processing for Iraqis admitted to the United States as special immigrants or refugees under this Act. (g) Diplomatic and Consular Programs.--There is authorized to be appropriated to such sums as may be necessary to the Diplomatic and Consular Programs account of the Department of State to increase capacity to process special immigrant visas for Iraqis. (h) Amounts and Availability.--Amounts authorized to be appropriated under this section shall be in addition to amounts for such purposes that are otherwise authorized to be appropriated. Amounts appropriated under this section are authorized to remain available until expended.

Responsibility to Iraqi Refugees Act of 2007 - Authorizes the Secretary of Homeland Security to provide special immigrant status to an Iraqi national (and spouse or child of such alien) who: (1) worked directly with the U.S. government, the United Nations, certified government or U.N. contractor or subcontractor, or U.S.-based nongovernmental organization for at least one year; and (2) has a not manifestly unfounded fear of persecution, violence, or harm to the alien or the alien's family because of such work. Sets forth annual entry limits through FY2011 for such aliens. Directs the Secretary of State to: (1) provide such aliens who are in imminent danger with protection, including temporary housing on U.S. military bases or at provincial reconstruction team offices or immediate removal from Iraq; and (2) establish at least five alien processing facilities in Iraq. Establishes in the Department of State a Special Coordinator for Iraqi Refugees and Internally Displaced Persons, to be based at the U.S. embassy in Baghdad, Iraq. States that the Special Coordinator shall be responsible for the development and implementation of policies and programs for Iraqi refugees and internally displaced persons, and shall establish a related inter-agency task force. Directs the Secretary of State to seek to negotiate a bilateral refugee resettlement agreement with each country containing a significant population of displaced Iraqis, including Jordan, Syria, Turkey, and Lebanon. Increases FY2007-FY2008 refugee admissions for persons who are not not firmly settled in a foreign country and who are of humanitarian concern to the United States in order to admit Iraqi refugees. Sets forth priority groups. Revises the authority of the Secretary of State or the Secretary of Homeland Security to determine that security and related grounds for inadmissibility shall not apply to an individual or a group. Waives the FY2008-FY2009 funding cap for the United States Emergency Refugee and Migration Assistance Fund. Authorizes appropriations to specified entities and agencies for Iraqi refugee-related assistance.

To provide special immigrant status for certain Iraqis, to assist Iraqi refugees, and for other purposes.

SECTION 1. REDUCTION IN PAY OF MEMBERS WHO MISS VOTES BECAUSE OF CAMPAIGNING FOR ELECTION TO OTHER OFFICE. (a) Reduction in Pay.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is amended-- (1) in paragraph (1), in the matter following subparagraph (C), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Reduction in pay of members missing votes because of campaigning for election to other office.-- ``(A) Members of the house.-- ``(i) Reduction.--If during a Congress a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) is a candidate for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the rate of pay otherwise applicable to the Member for any month during that Congress shall be reduced by the Member's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Member of the House of Representatives described in clause (i) with respect to any month is equal to the percentage of votes taken in the House of Representatives during that month (including votes taken in the Committee of the Whole House on the State of the Union) for which the Member did not cast a vote because the Member was absent from the House on the day the vote was taken, unless on such day the Member did not engage in any campaign- related activity for the election described in clause (i). ``(iii) Duties of clerk.--The Clerk of the House of Representatives shall-- ``(I) consult with the Federal Election Commission on an ongoing basis to determine which Members (if any) are candidates for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(II) provide the Chief Administrative Officer of the House of Representatives with such information as the Chief Administrative Officer may require in order to carry out this subparagraph. ``(B) Senators.-- ``(i) Reduction.--If during a Congress a Senator is a candidate for election to any office other than the office of Senator, the rate of pay otherwise applicable to the Senator for any month during that Congress shall be reduced by the Senator's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Senator described in clause (i) with respect to any month is equal to the percentage of votes taken in the Senate during that month for which the Senator did not cast a vote because the Senator was absent from the Senate on the day the vote was taken, unless on such day the Senator did not engage in any campaign-related activity for the election described in clause (i). ``(iii) Duties of secretary.--The Secretary of the Senate shall consult with the Federal Election Commission on an ongoing basis to determine which Senators (if any) are candidates for election to any office other than the office of Senator. ``(C) Transfer of funds to reduce the public debt.--For each fiscal year, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the account established by section 3113(d) of title 31, United States Code, an amount equal to the difference between the aggregate amount expended for the pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended for the pay of Members of Congress for the fiscal year but for the operation of this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2013.

Amends the Legislative Reorganization Act of 1946 to reduce the rate of pay otherwise applicable to Members of Congress for any month, during a Congress, by the Member's missed vote percentage for the most recent month before such month if the individual missed votes because of campaigning for election to another office. Applies this requirement to a vote taken in the Committee of the Whole House on the State of the Union unless the Member of the House of Representatives did not engage in any campaign-related activity on the date of the vote. Requires the Secretary of the Treasury to transfer from the general fund of the Treasury to a specified mandatory account to reduce the public debt the difference between the aggregate amount expended for pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended but for the reduction in pay.

To reduce the pay of Members of Congress who miss votes because of campaigning for election to another office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Firearm Marketing Safety Act''. SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHILDREN. (a) Conduct Prohibited.--Not later than one year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, to prohibit any person from marketing firearms to children. Such rules shall include the following: (1) A prohibition on the use of cartoon characters to promote firearms and firearm products. (2) A prohibition on firearm brand name merchandise marketed for children (such as hats, t-shirts, and stuffed animals). (3) A prohibition on the use of firearm marketing campaigns with the specific intent to appeal to children. (4) A prohibition on the manufacturing of a gun with colors or designs that are specifically designed with the purpose to appeal to children. (5) A prohibition on the manufacturing of a gun intended for use by children that does not clearly and conspicuously note the risk posed by the firearm by labeling somewhere visible on the firearm any of the following: (A) ``Real gun, not a toy.''. (B) ``Actual firearm the use of which may result in death or serious bodily injury.''. (C) ``Dangerous weapon''. (D) Other similar language determined by the Federal Trade Commission. (b) Enforcement.-- (1) Unfair or deceptive acts or practices.--A violation of a rule promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations promulgated under subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Actions by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of a rule promulgated under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court to-- (A) enjoin such act or practice; (B) enforce compliance with such rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action. (3) Authority of federal trade commission.-- (A) In general.--On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Federal Trade Commission or the Attorney General of the United States has instituted a civil action for violation of a rule promulgated under subsection (a) (referred to in this subparagraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such rule alleged in such complaint. (4) Rule of construction.--For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Definitions.--In this section: (1) Child.--The term ``child'' means an individual that is less than 18 years of age. (2) Firearm.--The term ``firearm'' has the meaning given that term in section 921 of title 18, United States Code.

Children's Firearm Marketing Safety Act - Directs the Federal Trade Commission (FTC) to promulgate rules to prohibit the marketing of firearms to children, including prohibitions against: the use of cartoon characters to promote firearms and firearm products, firearm brand name merchandise marketed for children, the use of firearm marketing campaigns with the specific intent to appeal to children, the manufacturing of a gun with colors or designs that are specifically designed to appeal to children, and the manufacturing of a gun intended for use by children that does not clearly and conspicuously note, by specified warnings on the firearm, the risk posed by the firearm by labeling somewhere visible on the firearm. Treats violations of such rules as violations of Federal Trade Commission Act regulations regarding unfair or deceptive acts or practices. Provides for enforcement of this Act by the FTC and through civil actions by state attorneys general.

Children's Firearm Marketing Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukrainian Independence from Russian Energy Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Ukraine is dependent on natural gas supplies from the Russian Federation to meet more than half of demand in Ukraine. (2) Entities owned by the Government of the Russian Federation have manipulated natural gas supplies and prices in Ukraine in order to gain geopolitical leverage over Ukraine and neighboring countries of Ukraine. (3) Energy subsidies provided by the Government of Ukraine amount to roughly 8 percent of the gross domestic product of Ukraine and make energy markets opaque, inefficient, and susceptible to corruption. (4) Ukraine is the second-least energy efficient country in the world. (5) The International Energy Agency has estimated that if the economy of Ukraine were as energy efficient as the average country in Europe, Ukraine would reduce natural gas consumption by greater than 50 percent. (6) The level of savings from the reduction described in paragraph (6) could nearly eliminate the dependence of Ukraine on imports of natural gas from the Russian Federation. (7) The World Bank Group has estimated that Ukraine could reduce the amount of natural gas used for heating by 50 percent through efficiency measures. (8) On April 25, 2014, a coalition of 35 cities in Ukraine sent a letter urgently requesting assistance in increasing the energy efficiency of their buildings, district heating systems, and transportation networks in order to reduce dependence on imports of natural gas from the Russian Federation. (9) A $17,000,000,000 loan package from the International Monetary Fund to help stabilize the economy of Ukraine requires reforms of energy markets in Ukraine and includes provisions to gradually eliminate energy subsidies, which will raise retail natural gas rates by 56 percent in 2014, 40 percent in 2015, and 20 percent in 2016 and 2017. (10) Absent large reductions in energy consumption, the rate increases mandated by the International Monetary Fund loan package from the International Monetary Fund could have devastating impacts on low-income households in Ukraine. (11) Ukraine is estimated to have significant conventional and unconventional oil and gas reserves, which are mostly untapped. (12) The International Energy Agency has estimated that Ukraine possesses natural gas reserves of approximately 5,400,000,000,000 cubic meters, although the annexation of Crimea by the Russian Federation may impact Ukraine's recoverable oil and gas reserves. (13) Exports of liquefied natural gas from the United States to Ukraine would not provide assistance for Ukraine in the short term and would be unlikely to reach Ukraine in the long term because-- (A) of natural gas global market dynamics; (B) there are no liquefied natural gas import facilities in Ukraine; and (C) the Government of Turkey has indicated it would block shipments of liquefied natural gas through the Bosphorus Strait because of safety concerns. SEC. 3. POLICY ON SUPPORTING ENERGY INDEPENDENCE OF UKRAINE. It is the policy of the United States to use all resources of the United States Government-- (1) to coordinate with multi-donor efforts to reform energy subsidies provided by the Government of Ukraine and energy markets in Ukraine; (2) to encourage private sector investment in the energy sector of Ukraine; (3) to protect low-income households in Ukraine from dramatic increases in energy rates; (4) to increase transparency and reduce corruption in the energy sector of Ukraine; (5) to improve energy efficiency, increase domestic energy supplies, and develop alternative sources of energy in Ukraine in order to reduce the reliance of Ukraine on energy from the Russian Federation; and (6) to increase the capacity of agencies of the Government of Ukraine, nongovernmental organizations, and private entities to administer and manage energy efficiency and energy security- related projects in Ukraine. SEC. 4. ASSISTANCE FROM THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) In General.--The Administrator of the United States Agency for International Development shall, in fiscal years 2015 through 2017-- (1) prioritize, to the extent feasible, the provision of direct assistance to Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation through measures described in subsection (b); and (2) through the Development Credit Authority, make loan, lease, and bond guarantees to appropriate financial institutions and other eligible borrowers to facilitate the involvement of such institutions and other borrowers in financing and expanding efforts in Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation through measures described in subsection (b). (b) Measures Described.--The measures described in this subsection include-- (1) replacing inefficient boilers; (2) upgrading district heating systems; (3) improving metering and measurement systems for natural gas use and heating; (4) upgrading natural gas and heat distribution systems, including pipes that leak or are poorly insulated; (5) improving the efficiency of buildings; (6) reducing losses in natural gas transmission systems; (7) improving the efficiency of compressor stations; (8) improving efficiency in the industrial sector; (9) legal and regulatory support focused on natural gas and electricity market rules, regulations, and transparency, developed in accordance with the terms of the stand-by arrangement between the International Monetary Fund and Ukraine, approved in April 2014; (10) support for structuring of gas and electricity markets with cost-reflective pricing, developed in accordance with the terms of the stand-by arrangement; (11) encouraging greater natural gas and electricity interconnections between Ukraine and neighboring countries; (12) developing renewable sources of energy; and (13) developing energy transmission, refining, and storage facilities. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the United States Agency for International Development $10,000,000 for each of fiscal years 2015 through 2017 to carry out this section. SEC. 5. ASSISTANCE FROM THE DEPARTMENT OF STATE. (a) In General.--The Secretary of State shall, in fiscal years 2015 through 2017, coordinate the activities of United States agencies related to the energy sector of Ukraine and prioritize, to the extent feasible, support and technical assistance to increase responsible production in and transparency of the natural gas sector in Ukraine through measures that include-- (1) resource and technology assessments; (2) evaluation of production capabilities; (3) economic assessments of potential resources; and (4) dissemination of international best practices and provision of legal and regulatory information and guidance to help establish energy policies that-- (A) protect public health and safety; (B) protect the environment; (C) effectively manage royalties and revenue; and (D) increase transparency and reduce corruption. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $2,500,000 for each of fiscal years 2015 through 2017 to carry out this section. SEC. 6. PROMOTION OF UNITED STATES PRIVATE SECTOR PARTICIPATION IN ENERGY EFFICIENCY AND ENERGY DEVELOPMENT IN UKRAINE. (a) In General.--The Director of the Trade and Development Agency shall promote United States private sector efforts to help improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine by-- (1) conducting and funding project preparation activities, feasibility studies, technical assistance, pilot projects, reverse trade missions, conferences, and workshops; and (2) providing any other assistance that the Director considers appropriate to promote such efforts. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Trade and Development Agency $1,000,000 for each of fiscal years 2015 through 2017 to carry out this section. SEC. 7. SUPPORT FROM THE OVERSEAS PRIVATE INVESTMENT CORPORATION. The Overseas Private Investment Corporation shall-- (1) prioritize support for investments to help increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine; and (2) implement procedures for expedited review of and, as appropriate, approval of, applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 2198)) for loans, loan guarantees, and insurance for such investments. SEC. 8. SUPPORT FROM THE EXPORT-IMPORT BANK OF THE UNITED STATES. The Board of Directors of the Export-Import Bank of the United States shall take prompt measures, consistent with the credit standards otherwise required by law, to promote the expansion of the financial commitments of the Bank under the loan, guarantee, and insurance programs and special financing programs of the Bank for projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine. SEC. 9. PRIORITIZATION OF ENERGY EFFICIENCY AND DOMESTIC ENERGY PROJECTS IN UKRAINE BY THE WORLD BANK GROUP AND THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. The President shall direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development and other international financial institutions to invest in, and increase their efforts to promote investment in, projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable sources of energy in Ukraine, and to stimulate private investment in such projects. SEC. 10. EFFECTIVENESS MEASUREMENT. In providing loan guarantees, assistance, and support pursuant to this Act and in prioritizing the projects described in this Act, the President and the heads and other appropriate officials of the United States Agency for International Development, the Trade and Development Agency, the Overseas Private Investment Corporation, and the Export- Import Bank of the United States shall ensure that the effectiveness of such guarantees, assistance, support, and projects is measured through the use of clear, accountable, and metric-based targets aimed at achieving enhanced energy security for Ukraine. SEC. 11. BRIEFING ON ALTERNATIVE PIPELINE ACCESS AND SUPPLIES FOR UKRAINE. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on-- (1) the economic and political viability of transporting natural gas supplies into Ukraine from countries other than the Russian Federation through the reversal of existing pipeline flows or through new or expanded pipelines; and (2) the potential to reduce natural gas consumption in Ukraine through efficiency measures or through the use of alternative sources of energy.

Ukrainian Independence from Russian Energy Act - Directs the Administrator of the U.S. Agency for International Development (USAID) to: (1) prioritize direct assistance to Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation; and (2) make loan, lease, and bond guarantees to financial institutions and other eligible borrowers to facilitate their involvement in such efforts. Directs the Secretary of State to coordinate the activities of U.S. agencies related to the energy sector of Ukraine and prioritize support and technical assistance to increase responsible production in and transparency of Ukraine's natural gas sector. Requires the Director of the Trade and Development Agency to promote U.S. private sector efforts to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Overseas Private Investment Corporation (OPIC) to: (1) prioritize support for investments to increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine; and (2) implement expedited application review and approval procedures for loans, loan guarantees, and insurance for such investments. Directs the U.S. Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to encourage those organizations and other international financial institutions to invest in and promote projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Secretary to brief Congress on: (1) the economic and political viability of transporting natural gas supplies into Ukraine from countries other than the Russian Federation through the reversal of existing pipeline flows or through new or expanded pipelines, and (2) the potential to reduce natural gas consumption in Ukraine through efficiency measures or through the use of alternative energy sources.

Ukrainian Independence from Russian Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oilheat Research Alliance Reauthorization Act of 2011''. SEC. 2. AMENDMENTS. (a) Findings.--Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (b) Definitions.--Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears (other than paragraph (10)) and inserting ``oilheat fuel''; (2) in paragraph (2), by inserting ``, including information on energy conservation strategies, safety, new technologies that reduce consumption or improve safety, and State, local, or Federal programs designed to assist oilheat fuel consumers'' after ``hot water heating fuels''; (3) by striking paragraph (7) and inserting the following: ``(7) Oilheat fuel.--The term `oilheat fuel' means fuel that-- ``(A) is-- ``(i) No. 1 distillate; ``(ii) No. 2 dyed distillate; ``(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or ``(iv) a biobased liquid; and ``(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.''; (4) in the heading for paragraph (8), by striking ``Oilheat'' and inserting ``Oilheat fuel''; (5) in paragraph (14)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``oilheat fuel''; and (B) in subparagraph (B), by striking ``sells the distillate'' and inserting ``sells the oilheat fuel''; and (6) by redesignating paragraphs (14) and (15) as paragraphs (15) and (14), respectively, and moving paragraph (15) (as so redesignated) to appear after paragraph (14). (c) Referenda.--Section 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking ``No. 1 distillate and No. 2 dyed distillate'' each place it appears in subsections (a) and (c) and inserting ``oilheat fuel''; (3) in subsection (a)-- (A) in paragraph (5)(B), by striking ``Except as provided in subsection (b), the'' and inserting ``The''; and (B) in paragraph (6), by striking ``, No. 1 distillate, or No. 2 dyed distillate''; (4) in subsection (b), by striking ``under'' and inserting ``consistent with''; and (5) in the heading for subsection (d), by striking ``Oilheat'' and inserting ``Oilheat Fuel''. (d) Membership.--Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) in subsection (b)(2), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``oilheat fuel''; and (3) by striking subsection (c) and inserting the following: ``(c) Number of Members.-- ``(1) In general.--The membership of the Alliance shall be as follows: ``(A) One member representing each State participating in the Alliance. ``(B) Five representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. ``(C) Five additional representatives of retail marketers. ``(D) Twenty-one representatives of wholesale distributors. ``(E) Six public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel. ``(2) Full-time owners or employees.-- ``(A) In general.--Except as provided in subparagraph (B), other than the public members of the Alliance, Alliance members shall be full-time managerial owners or employees of members of the oilheat fuel industry. ``(B) Employees.--Members described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees of the qualified industry organization or an industry trade association.''. (e) Functions.--Section 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) in subsection (a)(1)(A)(ii), by inserting ``, including providing the cost of installing appliances in low-income households'' after ``utilization equipment''; (3) in subsection (a), by adding at the end the following new paragraph: ``(4) Training and research and development as a priority.--Of the assessments collected by the Association pursuant to section 707, not less than 40 percent shall be devoted to a category of outlays comprised of training projects and research, development, and demonstration projects, with a priority on research, development, and demonstration projects that would enhance efficiency through the use of biobased liquids. Training and research under this paragraph shall include the development and demonstration of advanced biofuels.''; (4) in the heading for subsection (c)(2), by striking ``oilheat'' and inserting ``oilheat fuel''; (5) by redesignating paragraph (4) of subsection (e) as paragraph (5); (6) by inserting after subsection (e)(3) the following new paragraph: ``(4) Response to recommendations.--If the Secretary makes recommendations under paragraph (3), the Alliance shall, before implementation of the budget with respect to which the recommendations pertain, provide to the Secretary and the Congress a report describing the Alliance's response to the recommendations.''; (7) by amending subsection (f)(2)(C) to read as follows: ``(C) Procedures to ensure compliance.--The Alliance shall contract with a qualified accounting firm to develop procedures to ensure compliance with the Act. The Alliance shall contract on a yearly basis with a qualified accounting firm to evaluate whether such procedures have been followed. Such evaluation shall be included in the annual report required under subsection (h) and shall be furnished to Congress and to the Secretary of Energy.''; and (8) in subsection (h)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) provides a detailed account of the amounts spent by each qualified State association that received funds pursuant to subsection (e) on training, research, development, and demonstration, safety, and consumer education.''. (f) Assessments.--Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking subsection (a) and inserting the following: ``(a) Rate.-- ``(1) In general.--The assessment rate for calendar years 2012 and 2013 shall be equal to \2/10\ of 1 cent per gallon of oilheat fuel. ``(2) Subsequent assessments.--Subject to paragraphs (3) and (4), beginning with calendar year 2014, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. ``(3) Limitations on increase.-- ``(A) In general.--The annual assessment shall not exceed \1/2\ of 1 cent per gallon of oilheat fuel. ``(B) Limitation.--The annual assessment may not change by more than \1/10\ of 1 cent per gallon of oilheat fuel in any 12 month-period. ``(C) Approval.--No increase in the assessment may occur unless-- ``(i) the increase is approved by \3/4\ of the members voting at a regularly scheduled meeting of the Alliance; and ``(ii) at least 90 days before the date of the meeting of the Alliance, the Alliance provides notice of the proposed increase to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. ``(D) Notice.--The Alliance shall provide notice of a change in assessment at least 90 days before the date on which the change is to take effect.''; (3) in subsections (b)(1) and (c), by striking ``No. 1 distillate and No. 2 dyed distillate'' each place it appears and inserting ``oilheat fuel''; (4) in subsection (b)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``oilheat fuel''; and (B) in paragraphs (2)(B) and (5)(B), by striking ``fuel'' each place it appears and inserting ``oilheat fuel''; (5) in the heading for subsection (c), by striking ``Oilheat'' and inserting ``Oilheat Fuel''; and (6) in subsection (e)(2)(A)(ii)(III), by striking ``directly benefit'' and all that follows through ``industry'' and inserting ``consumers of oilheat fuel''. (g) Market Survey and Consumer Protection.--Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed. (h) Lobbying Prohibition.--Section 710 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended to read as follows: ``SEC. 710. LOBBYING PROHIBITION. ``No funds derived from assessments under section 707 collected by the Alliance shall be used directly or indirectly to influence Federal, State, or local legislation or elections, or the manner of execution of legislation, except that the Alliance may use such funds to provide information requested by a Member of Congress, or an official of any Federal, State, or local agency, in the course of the official business of such Member or official.''. (i) Violations.--Section 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) in paragraph (2), by striking ``oilheat'' and inserting ``oilheat fuel''; and (2) by striking paragraph (3) and inserting the following: ``(3) a direct reference to a competing product.''. (j) Extension.--Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``9 years after the date on which the Alliance is established'' and inserting ``7 years after the date of enactment of the National Oilheat Research Alliance Reauthorization Act of 2011''. SEC. 3. RENEWABLE FUEL CONTENT. (a) Renewable Fuel Research.--Section 706(a)(3)(B)(i)(I) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by inserting ``, including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels'' after ``utilization equipment''. (b) Report.--The National Oilheat Research Alliance shall prepare a report no later than one year after date of enactment of this Act on the use of biofuels in oilheat fuel utilization equipment. This report shall provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment. It shall also describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of these fuels in oilheat fuel utilization equipment. The Alliance shall provide this report to the Governor of each State, and other appropriate State leaders, where the Alliance is operating. Additionally, a copy of this report will be furnished to the Administrator of the Environmental Protection Agency and to the Congress. (c) Consumer Education Materials.--The Alliance shall develop consumer education materials in conjunction with an institution or organization engaged in biofuels research describing the benefits of using biofuels as or in oilheat fuel based on the technical information developed pursuant to subsection (b), as well as other information generally available.

National Oilheat Research Alliance Reauthorization Act of 2011 - Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel, a distillate liquid or a biobased liquid used as a fuel for nonindustrial commercial or residential space or hot water heating. Revises the membership of the National Oilheat Research Alliance. Expands the functions of the Alliance to include: (1) providing the cost of installing appliances in low-income households; and (2) prioritizing research, development, and demonstration projects that enhance efficiency through the use of biobased liquids and advanced biofuels. Requires the Alliance to: (1) contract with a qualified accounting firm to develop procedures to ensure statutory compliance; and (2) include in its annual report a detailed account of the amounts spent by each qualified state association that received funds on training, research, development, and demonstration, safety, and consumer education. Revises assessment requirements. States that the assessment rate for calendar years 2012 and 2013 shall be equal to two-tenths of 1% per gallon of oilheat fuel (currently, No. 1 distillate and No. 2 dyed distillate). Requires the annual assessment rate, beginning with calendar year 2014, to be sufficient to cover the costs of the plans and programs developed by the Alliance. Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase. Prohibits any increase in the assessment rate unless the Alliance has, by a specified deadline, notified certain congressional committees. Prohibits: (1) the Alliance from providing funds in response to a request from state, local, or regional programs unless it determines that the funds will be used to benefit consumers of oilheat fuel (instead of the oilheat industry); (2) certain lobbying activities; and (3) any consumer education activity from including a direct reference to a competing product if it is funded from Alliance assessments. Requires Alliance research activities to: (1) include development of renewable fuels, and (2) examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, giving priority to advanced biofuels research. Requires the Alliance to: (1) report to state leaders, the Administrator of the Environmental Protection Agency (EPA) and to Congress on the use of biofuels in oilheat fuel utilization equipment; and (2) develop consumer education materials describing the benefits of using biofuels as, or in, oilheat fuel.

To reauthorize the National Oilheat Research Alliance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puppy Uniform Protection and Safety Act''. SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL WELFARE ACT. (a) High Volume Retail Breeder Defined.--Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended-- (1) in subsection (l), by striking ``research.'' and inserting ``research;''; (2) in subsection (m), by striking ``members.'' and inserting ``members;''; (3) in subsection (n), by striking ``section 13(b); and'' and inserting ``section 13(b);''; (4) in subsection (o), by striking ``experimentation.'' and inserting ``experimentation; and''; and (5) by adding at the end the following: ``(p) High Volume Retail Breeder.-- ``(1) Definitions.--In this subsection: ``(A) Breeding female dog.--The term `breeding female dog' means an intact female dog aged 4 months or older. ``(B) High volume retail breeder.--The term `high volume retail breeder' means a person who, in commerce, for compensation or profit-- ``(i) has an ownership interest in or custody of 1 or more breeding female dogs; and ``(ii) sells or offers for sale, via any means of conveyance (including the Internet, telephone, or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets in any 1-year period. ``(2) Relationship to dealers.-- ``(A) In general.--For purposes of this Act, a high volume retail breeder shall be considered to be a dealer and subject to all provisions of this Act applicable to a dealer. ``(B) Exception.--The retail pet store exemption in subsection (f)(i) shall not apply to a high volume retail breeder.''. (b) Licenses.--Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended-- (1) by striking ``The Secretary'' and inserting ``(a) In General.--The Secretary''; (2) in subsection (a) (as so designated), in the second proviso of the first sentence, by inserting ``(other than a high volume retail breeder)'' after ``any retail pet store or other person''; and (3) by adding at the end the following: ``(b) Dealers.--A dealer (including a high volume retail breeder) applying for a license under subsection (a) (including annual renewals) shall include on the license application the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian under section 13(j)(2).''. (c) Exercise Requirements.--Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (2) by redesignating the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law 99-198 (99 Stat. 1645)) as subsection (g); and (3) by adding at the end the following: ``(j) Exercise Requirements.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate standards covering dealers that include requirements for the exercise of dogs at facilities owned or operated by a dealer, including exercise regulations that ensure that-- ``(A) each dog that is at least 12 weeks old (other than a female dog with unweaned puppies) has daily access to exercise that-- ``(i) allows the dog-- ``(I) to move sufficiently to develop or maintain normal muscle tone and mass as appropriate for the age, breed, sex, and reproductive status of the dog; and ``(II) the ability to achieve a running stride; and ``(ii) is not a forced activity (other than a forced activity used for veterinary treatment) or other physical activity that is repetitive, restrictive of other activities, solitary, and goal-oriented; ``(B) the provided area for exercise-- ``(i) is separate from the primary enclosure if the primary enclosure does not provide sufficient space to achieve a running stride; ``(ii) has flooring that-- ``(I) is sufficient to allow for the type of activity described in subparagraph (A); and ``(II)(aa) is solid flooring; or ``(bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring-- ``(AA) is safe for the breed, size, and age of the dog; ``(BB) is free from protruding sharp edges; and ``(CC) is designed so that the paw of the dog is unable to extend through or become caught in the flooring; ``(iii) is cleaned at least once each day; ``(iv) is free of infestation by pests or vermin; and ``(v) is designed in a manner to prevent escape of the dogs. ``(2) Exemption.-- ``(A) In general.--If a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog, this subsection shall not apply to that dog. ``(B) Documentation.--A determination described in subparagraph (A) shall be-- ``(i) documented by the veterinarian; ``(ii) subject to review and approval by the Secretary; and ``(iii) unless the basis for the determination is a permanent condition, reviewed and updated at least once every 30 days by the veterinarian. ``(C) Reports.--A determination described in subparagraph (A) shall be maintained by the dealer.''. SEC. 3. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate any regulations that the Secretary determines to be necessary to implement this Act and the amendments made by this Act. SEC. 4. EFFECT ON STATE LAW. Nothing in this Act or the amendments made by this Act preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act.

Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer. Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian. Requires the Secretary of Agriculture (USDA) to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary.

To amend the Animal Welfare Act to provide further protection for puppies.

SECTION 1. AUTHORIZATION FOR UNITED STATES CUSTOMS SERVICE. (a) In General.--In order to enhance border investigative resources on the Southwest border, enhance investigative resources for anticorruption efforts, intensify efforts against drug smuggling and money-laundering organizations, process cargo, reduce commercial and passenger traffic waiting times, and open all primary lanes during peak hours at certain ports on the Southwest and Northern borders, in addition to any other amount appropriated, there are authorized to be appropriated for salaries, expenses, and equipment for the United States Customs Service for purposes of carrying out this section-- (1) $161,248,584 for fiscal year 1999; (2) $185,751,328 for fiscal year 2000; and (3) such sums as may be necessary in each fiscal year thereafter. (b) Fiscal Year 1999.--Of the amounts authorized to be appropriated under subsection (a)(1) for fiscal year 1999, $48,404,000 shall be available until expended for acquisition and other expenses associated with implementation and full deployment of narcotics enforcement and cargo processing technology along the Southwest border, including-- (1) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS); (2) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging; (3) $12,000,000 for the upgrade of 8 fixed-site truck x- rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV); (4) $7,200,000 for 8 1-MeV pallet x-rays; (5) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate; (6) $600,000 for 50 contraband detection kits to be distributed among all Southwest border ports based on traffic volume; (7) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility; (8) $2,450,000 for 7 automated targeting systems; (9) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat; (10) $480,000 for 20 Portable Treasury Enforcement Communications System (TECS) terminals to be moved among ports as needed; (11) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured; (12) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic; (13) $180,000 for 36 AM radio ``Welcome to the United States'' stations, with 1 station to be located at each border crossing; (14) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane; (15) $950,000 for 38 spotter camera systems to counter the surveillance of Customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring; (16) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry; (17) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing; and (18) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (c) Fiscal Year 2000 and Thereafter.--Of the amount authorized to be appropriated under subsection (a) (2) and (3) for fiscal year 2000 and each fiscal year thereafter, $4,840,400 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (b), based on an estimate of 10 percent of the cost of such equipment. (d) New Technologies: Use of Funds.-- (1) In general.--The Commissioner of Customs may use the amounts authorized to be appropriated for equipment under this section for equipment other than the equipment specified in subsection (b) if such other equipment-- (A)(i) is technologically superior to the equipment specified in subsection (b); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment specified in subsection (b); or (B) can be obtained at a lower cost than the equipment authorized in paragraphs (1) through (18). (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of the amount specified in any of paragraphs (1) through (18) of subsection (b) for equipment specified in any other of such paragraphs (1) through (18). (e) Peak Hours and Investigative Resource Enhancement.--Of the amounts authorized to be appropriated under subsection (a) for fiscal years 1999 and 2000, $112,844,584 in fiscal year 1999 and $180,910,928 for fiscal year 2000 shall be for-- (1) a net increase of 535 inspectors and 60 special agents for the Southwest border and 375 inspectors for the Northern border, in order to open all primary lanes on the Southwest and Northern borders during peak hours and enhance investigative resources; (2) a net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the Southwest border; (3) a net increase of 360 special agents, 40 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money- laundering organizations; (4) a net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts; and (5) the costs incurred as a result of the increase in personnel hired pursuant to this section.

Authorizes appropriations for the U.S. Customs Service for FY 1999 and 2000 for acquisition and deployment of narcotics enforcement and cargo processing technology (including maintenance and support of such equipment, training of personnel, and for new technologies) along the U.S. Southwest border. Earmarks amounts for additional inspectors, canine enforcement officers, special agents, and enhanced investigative resources during peak hours along the border.

A bill to authorize additional appropriations for United States Customs Service personnel and technology in order to expedite the flow of legal commercial and passenger traffic at United States land borders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Rights Enforcement Improvement Act of 2012''. SEC. 2. MODIFICATION OF PLAINTIFF AFFIDAVIT FILING REQUIREMENT FOR DEFAULT JUDGMENTS AGAINST SERVICEMEMBERS. Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) is amended to read as follows: ``(1) Plaintiff to file affidavit.-- ``(A) In general.--In any action or proceeding covered by this section, the plaintiff, before seeking a default judgment, shall file with the court an affidavit-- ``(i) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or ``(ii) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. ``(B) Due diligence.--Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information available to the plaintiff. The affidavit shall set forth in the affidavit all steps taken to determine the defendant's military status.''. SEC. 3. PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT. (a) Increase in Civil Penalties for SCRA Violations.--Section 801(b)(3) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended-- (1) in subparagraph (A), by striking ``$55,000'' and inserting ``$110,000''; and (2) in subparagraph (B), by striking ``$110,000'' and inserting ``$220,000''. (b) Clarification of Application of Actions by Attorney General and Private Rights of Action.--Section 801 of such Act (50 U.S.C. App. 597), as amended by this section, and section 802 of such Act (50 U.S.C. App. 597a) shall apply with respect to any violation of such Act, regardless of whether such violation occurred on or before October 13, 2010, in accordance with any statutory period of limitation regarding such violation. SEC. 4. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO STATES AND PRIVATE EMPLOYERS. (a) Action for Relief.--Subsection (a) of section 4323 of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and''; (B) by striking ``for such person''; (C) by striking the fourth sentence; and (D) by adding at the end the following: ``The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e).''; (2) by striking paragraph (2) and inserting the following new paragraph (2): ``(2)(A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted-- ``(i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and ``(ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. ``(B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.''; (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): ``(3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter.''; and (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph.''. (b) Standing.--Subsection (f) of such section is amended to read as follows: ``(f) Standing.--An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a).''. (c) Conforming Amendment.--Subsection (h)(2) of such section is amended by striking ``under subsection (a)(2)'' and inserting ``under paragraph (1) or (4) of subsection (a)''. SEC. 5. SUBPOENA POWER FOR SPECIAL COUNSEL IN ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES. Section 4324 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In order to carry out the Special Counsel's responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies. ``(2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel. ``(3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 of title 5, United States Code.''. SEC. 6. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL. (a) Issuance Under Servicemembers Civil Relief Act.--Section 801 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597) is amended by adding at the end the following: ``(d) Issuance and Service of Civil Investigative Demands.-- ``(1) In general.--Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring-- ``(A) the production of such documentary material for inspection and copying; ``(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or ``(C) the production of any combination of such documentary material or answers. ``(2) False claims.--The provisions of section 3733 of title 31, United States Code, governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733-- ``(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this Act; ``(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; ``(C) the definitions relating to `false claims law' shall not apply; and ``(D) provisions relating to qui tam relators shall not apply.''. (b) Issuance Under Chapter 43 of Title 38, United States Code.-- Section 4323 of title 38, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): ``(i) Issuance and Service of Civil Investigative Demands.--(1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring-- ``(A) the production of such documentary material for inspection and copying; ``(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or ``(C) the production of any combination of such documentary material or answers. ``(2) The provisions of section 3733 of title 31 governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733-- ``(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; ``(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; ``(C) the definitions relating to `false claims law' shall not apply; and ``(D) provisions relating to qui tam relators shall not apply.''.

Servicemembers Rights Enforcement Improvement Act of 2012 - Amends the Servicemembers Civil Relief Act (the Act) concerning the protection of servicemembers against default judgments to require a plaintiff, before filing an affidavit, to conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense (DOD) and any other available information. Doubles the penalties for first and subsequent violations of the Act. Allows a veteran on whose behalf a complaint of a violation of employment or reemployment rights is made by the Attorney General (AG) to intervene in such action, and to obtain appropriate relief. Requires the AG, within 60 days after receiving a referral of an unsuccessful attempt to resolve a complaint relating to a state or private employer, to notify the person on whose behalf the complaint is submitted of either the decision to commence such an action or of when such decision is expected to be made. Requires, in the latter case, such decision to be made within an additional 30 days. Requires the AG to commence such an action when there is reasonable cause to believe that a state or private employer is engaged in a pattern or practice of resistance to the full enjoyment of such employment and reemployment rights and benefits, and that the pattern or practice is intended to deny the full exercise of such rights and benefits. Provides the Special Counsel with subpoena power to require the attendance and testimony of, and production of documents from, federal employees, to be enforced through the Merit Systems Protection Board. Authorizes the AG to issue and serve a civil investigative demand for the production of documentary material relevant to an investigation under the Act.

To amend the Servicemembers Civil Relief Act and title 38, United States Code, to improve the provision of civil relief to members of the uniformed services and to improve the enforcement of employment and reemployment rights of such members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Open Voting Standards Act of 2004''. SEC. 2. STANDARDS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OF CRIMINAL CONVICTION. (a) In General.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Standards for Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction.-- ``(1) Prohibiting removal not in compliance with standards.--A State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the requirements of this subsection and any other requirements applicable under this section. ``(2) Minimum notice prior to removal.-- ``(A) In general.--In addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B)-- ``(i) not later than 60 days before the date of the election; and ``(ii) not later than 90 days before the date of removal. ``(B) Requirements for notice.--The notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: ``(i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. ``(ii) A description of the reasons for removal, including sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. ``(iii) A statement that the registrant may appeal the removal in accordance with the procedures established under paragraph (3). ``(iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. ``(3) Availability of appeal.-- ``(A) In general.--A State shall establish administrative procedures meeting the requirements of this paragraph under which a registrant who receives a notice of removal under paragraph (2) may file a written appeal to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters. ``(B) Deadline.--A State may establish a deadline for the filing of an appeal under this paragraph, except that the deadline may not occur earlier than the expiration of the 30-day period which begins on the date a registrant receives the notice of removal under paragraph (2). ``(C) Contents.--A registrant filing an appeal may include in the appeal such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice. ``(D) Response by state.--Not later than 10 days after a registrant files an appeal, the State shall review the information and evidence included and accept or reject the appeal, and shall notify the registrant in writing of its decision. ``(E) No removal permitted while appeal is pending.--If a registrant files an appeal under subparagraph (A), the State may not remove a registrant from the official list of eligible voters until a final decision is reached on the appeal.''. (b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and inserting ``State law and consistent with the requirements of subsection (j),''. (c) Effective Date.--The amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and any succeeding Federal election.

Fair and Open Voting Standards Act of 2004 - Amends the National Voter Registration Act of 1993 to prohibit a State from removing a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction unless the State certifies to the Election Assistance Commission that the State has in effect procedures for such removal which meet the applicable requirements of this Act including those concerning notice prior to removal and availability of appeal.

To amend the National Voter Registration Act of 1993 to prohibit States from removing individuals from the official list of eligible voters for Federal elections in the State by reason of criminal conviction unless the removal is carried out in accordance with standards providing notice and an opportunity for an appeal, and for other purposes.

SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION. (a) Findings.--Congress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria. (3) Taiwan's population of 23,500,000 people is greater than that of \3/4\ of the member states already in the World Health Organization (WHO). (4) Taiwan's achievements in the field of health are substantial, including-- (A) attaining-- (i) 1 of the highest life expectancy levels in Asia; and (ii) maternal and infant mortality rates comparable to those of western countries; (B) eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and (C) providing children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO. (7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950's. (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations. (10) Public Law 106-137 required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan's participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan's participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO. (12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States ``should find opportunities for Taiwan's voice to be heard in international organizations in order to make a contribution, even if membership is not possible'', further stating that the administration ``has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO''. (13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced ``America's work for a healthy world cuts across political lines. That is why my government supports Taiwan's efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it''. (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in December 2002. (15) In 2003, the outbreak of Severe Acute Respiratory Syndrome (SARS) caused 84 deaths in Taiwan. (16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People's Republic of China, Cambodia, Indonesia, Japan, Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos. (17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasize the importance of allowing all people access to the WHO. (18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that ``[t]he need for effective public health exists among all peoples''. (b) Plan.--The Secretary of State is authorized to-- (1) initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly each year in Geneva, Switzerland; (2) instruct the United States delegation to the World Health Assembly in Geneva to implement that plan; and (3) introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly. (c) Report Concerning Observer Status for Taiwan at the Summit of the World Health Assembly.--Not later than 30 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State shall submit a report to the Congress, in unclassified form, describing the United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly (WHA) held by the World Health Organization (WHO) in May of each year in Geneva, Switzerland. Each report shall include the following: (1) An account of the efforts the Secretary of State has made, following the last meeting of the World Health Assembly, to encourage WHO member states to promote Taiwan's bid to obtain observer status. (2) The steps the Secretary of State will take to endorse and obtain observer status at the next annual meeting of the World Health Assembly in Geneva, Switzerland. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary of State to: (1) initiate, and instruct the U.S. delegation to implement, a plan to endorse and obtain observer status for Taiwan at the annual World Health Assembly summit in May 2004 in Geneva, Switzerland; and (2) introduce a resolution in support of observer status for Taiwan at such summit. Directs the Secretary to report no later than April 1 of each year on the U.S. plan to obtain observer status for Taiwan at such annual World Health Assembly summit.

A bill to address the participation of Taiwan in the World Health Organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Dependents Assistance Act of 1996''. SEC. 2. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF SLAIN FEDERAL LAW ENFORCEMENT OFFICERS. Part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by-- (1) inserting after the heading the following: ``Subpart 1--Death Benefits''; and (2) adding at the end the following: ``Subpart 2--Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in the Line of Duty ``SEC. 1211. PURPOSES. ``The purposes of this subpart are-- ``(1) to enhance the appeal of service in civilian Federal law enforcement agencies; ``(2) to extend the benefits of higher education to qualified and deserving persons who, by virtue of the death of or total disability of an eligible officer, may not be able to afford it otherwise; and ``(3) to allow the family members of eligible officers to attain the vocational and educational status which they would have attained had a parent or spouse not been killed or disabled in the line of duty. ``SEC. 1212. BASIC ELIGIBILITY. ``(a) Benefits.--(1) The Attorney General shall provide financial assistance to a dependent who attends a program of education and is-- ``(A) the child of any eligible Federal law enforcement officer under subpart 1; or ``(B) the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of a totally and permanently disabling injury. ``(2) Financial assistance under this subpart shall consist of direct payments to an eligible dependent and shall be computed on the basis set forth in section 3532 of title 38, United States Code. ``(b) Duration of Benefits.--No dependent shall receive assistance under this subpart for a period in excess of forty-five months of full- time education or training or a proportional period of time for a part- time program. ``(c) Age Limitation for Dependent Children.--No dependent child shall be eligible for assistance under this subpart after the child's 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing a program of education. ``SEC. 1213. APPLICATIONS; APPROVAL. ``(a) Application.--A person seeking assistance under this subpart shall submit an application to the Attorney General in such form and containing such information as the Attorney General reasonably may require. ``(b) Approval.--The Attorney General shall approve an application for assistance under this subpart unless the Attorney General finds that-- ``(1) the dependent is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made; ``(2) the dependent's selected educational institution fails to meet a requirement under this subpart for eligibility; ``(3) the dependent's enrollment in or pursuit of the educational program selected would fail to meet the criteria established in this subpart for programs; or ``(4) the dependent already is qualified by previous education or training for the educational, professional, or vocational objective for which the educational program is offered. ``(c) Notification.--The Attorney General shall notify a dependent applying for assistance under this subpart of approval or disapproval of the application in writing. ``SEC. 1214. REGULATIONS. The Attorney General may promulgate reasonable and necessary regulations to implement this subpart. ``SEC. 1215. DISCONTINUATION FOR UNSATISFACTORY CONDUCT OR PROGRESS. ``The Attorney General may discontinue assistance under this subpart when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational institution, the recipient fails to maintain satisfactory progress as described in section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 1216. SPECIAL RULE. ``(a) Retroactive Eligibility.--Notwithstanding any other provision of law, each dependent of a Federal law enforcement officer killed in the line of duty on or after May 1, 1992, shall be eligible for assistance under this subpart, subject to the other limitations of this subpart. ``(b) Retroactive Assistance.--The Attorney General may provide retroactive assistance to dependents eligible under this section for each month in which the dependent pursued a program of education at an eligible educational institution. The Attorney General shall apply the limitations contained in this subpart to retroactive assistance. ``(c) Prospective Assistance.--The Attorney General may provide prospective assistance to dependents eligible under this section on the same basis as assistance to dependents otherwise eligible. In applying the limitations on assistance under this subpart, the Attorney General shall include assistance provided retroactively. A dependent eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as dependents otherwise eligible. ``SEC. 1217. DEFINITIONS. ``For purposes of this subpart: ``(1) The term `Attorney General' means the Attorney General of the United States. ``(2) The term `Federal law enforcement officer' has the same meaning as under subpart 1. ``(3) The term `program of education' means any curriculum or any combination of unit courses or subjects pursued at an eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. It includes coursework for the attainment of more than one objective if in addition to the previous requirements, all the objectives generally are recognized as reasonably related to a single career field. ``(4) The term `eligible educational institution' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section; and ``(B) is eligible to participate in programs under title IV of such Act. ``SEC. 1218. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary.''.

Federal Law Enforcement Dependents Assistance Act of 1996 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide educational assistance to the dependents of civilian Federal law enforcement officers who are killed or are permanently and totally disabled in the line of duty. Authorizes the Attorney General to discontinue such assistance upon finding that the recipient fails to maintain satisfactory progress. Authorizes retroactive assistance to each eligible dependent of a Federal law enforcement officer killed in the line of duty on or after May 1, 1992. Authorizes appropriations.

Federal Law Enforcement Dependents Assistance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Access For Every Medicare Patient Act''. SEC. 2. COVERED ENTITIES. (a) Covered Entities.--For purposes of this section, a covered entity means, with respect to certified EHR technology (as defined in section 1848(o)(4) of the Social Security Act) and a year, any of the following: (1) Meaningful ehr users.--Any of the following, with respect to such year: (A) An eligible professional (as defined in paragraph (5)(C) of section 1848(o) of the Social Security Act) determined to be a meaningful EHR user under paragraph (2) of such section for the EHR reporting period (as defined in paragraph (5)(B) of such section) during such year. (B) In the case of a qualifying MA organization (as defined in paragraph (5) of section 1853(l) of such Act), an eligible professional described in paragraph (2) of such section of the organization who the organization attests under paragraph (6) of such section to be a meaningful EHR user for such year. (C) In the case of a qualifying MA organization (as defined in paragraph (5) of section 1853(l) of such Act), an eligible hospital described in section 1853(m)(2) of such Act of the organization which attests under section 1853(l)(6) of such Act to be a meaningful EHR user for the applicable period with respect to such year. (D) An eligible hospital (as defined in paragraph (6)(B) of section 1886(n) of such Act) determined to be a meaningful EHR user under paragraph (3) of such section for the EHR reporting period (as defined in paragraph (6)(A) of such section) with respect to such year. (E) A critical access hospital determined pursuant to section 1814(l)(3) of such Act to be a meaningful EHR user (as would be determined under paragraph (3) of section 1886(n) of such Act) for an EHR reporting period (as defined in paragraph (6)(A) of such section) for a cost reporting period beginning during such year. (F) A Medicaid provider (as defined in paragraph (2) of section 1903(t) of such Act) eligible for payments described in paragraph (1) of such section for such year. (2) Health information exchange entities.--Individuals and entities (other than States or State designated entities) which during such year are health information exchange contractors (consisting of technology providers), health information exchange participants (consisting of organizations providing supportive technology to a health information exchange), and other users of health information exchanges (consisting of other entities that may be exchanging clinical or administrative data). Manufacturers of EHR Software and other health information technologies who participate in the reporting of adverse events or who otherwise contribute relevant patient safety work product under section 3(a) of this Act. (3) Certain other ehr users.--A health care professional who, during such year-- (A) is a user of such certified EHR technology; (B) is not eligible for incentive payments based on meaningful use of such technology under title XVIII or XIX of the Social Security Act solely because the professional is not-- (i) an eligible professional (as defined in paragraph (5)(C) of section 1848(o) of such Act); (ii) an eligible professional described in paragraph (2) of section 1853(l) of such Act, with respect to a qualifying MA organization (as defined in paragraph (5) of such section); (iii) an eligible hospital described in section 1853(m)(2) of such Act, with respect to such a qualifying MA organization; (iv) an eligible hospital (as defined in paragraph (6)(B) of section 1886(n) of such Act); (v) a critical access hospital; or (vi) a Medicaid provider (as defined in paragraph (2) of section 1903(t) of such Act); and (C) attests, to the satisfaction of the Secretary, that but for the reason described in subparagraph (B), the professional would otherwise satisfy criteria to be eligible for such incentive payments during such year. SEC. 3. IMPROVING PATIENT SAFETY THROUGH ERROR REPORTING AND REMEDIATION, AND CLARIFICATION OF AUTHORITY. (a) In General.--A covered entity may submit to a Patient Safety Organization as defined in section 921. Title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) information on EHR-related adverse events with respect to certified EHR technology as defined in section 3001 of the Public Health Service Act (42 U.S.C. 300jj-11) used or provided by such entity, as applicable. The utilization of patient safety work product shall be for the purpose of providing direct feedback and assistance to covered entities to effectively minimize patient risk. Patient Safety Organizations may furnish the Office of the National Coordinator de-identified reports of their findings for the purposes of tracking the number and nature of such adverse events. (b) Application of Safety Organization Privilege and Confidentiality Protections.--In the case of a covered entity that submits to such a body information on such an adverse event and in the case of the collection and maintenance of such information by such a body, the provisions of section 922 of the Public Health Service Act shall apply to such information and to the body and the entity in the same manner such provisions apply to patient safety work product and a patient safety organization and provider under part C of title IX of such Act. (c) Clarification of Authority.--Certified EHR's shall not be considered a device for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). SEC. 4. RULES RELATING TO E-DISCOVERY. In any health care lawsuit against a covered entity that is related to an EHR-related adverse event, with respect to certified EHR technology used or provided by the covered entity, electronic discovery shall be limited to-- (1) information that is related to such EHR-related adverse event; and (2) information from the period in which such EHR-related adverse event occurred. SEC. 5. LEGAL PROTECTIONS FOR COVERED ENTITIES. (a) General.--For a covered entity described in section 2, the following protections apply: (1) Encouraging speedy resolution of claims.-- (A) General.--A claimant may not commence a health care lawsuit against a covered entity on any date that is 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. This limitation shall be tolled to the extent that the claimant is able to prove-- (i) fraud; (ii) intentional concealment; or (iii) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. (B) Treatment of a minor.--A health care lawsuit by or on behalf of a claimant under the age of 17 years at the time the injury was suffered may not be commenced after the date that is not later than 3 years after the date of the alleged manifestation of injury except that actions by a claimant under the full age of 6 years shall be commenced not later than 3 years after the date of manifestation of injury or prior to the claimant's 8th birthday, whichever provides a longer period. In addition to subsection (1)(A)(i)-(iii), this limitation shall be tolled for claimants under the age of 17 years for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the claimant. (2) Equitable assignment of responsibility.--In any health care lawsuit against a covered entity-- (A) each party to the lawsuit other than the claimant that is such a covered entity shall be liable for that party's several share of any damages only and not for the share of any other person and such several share shall be in direct proportion to that party's proportion of responsibility for the injury, as determined under clause (iii); (B) whenever a judgment of liability is rendered as to any such party, a separate judgment shall be rendered against each such party for the amount allocated to such party; and (C) for purposes of this paragraph, the trier of fact shall determine the proportion of responsibility of each such party for the claimant's harm. (3) Subsequent remedial measures.--Evidence of subsequent remedial measures to an EHR-related adverse event with respect to certified EHR technology used or provided by the covered entity (including changes to the certified EHR system, additional training requirements, or changes to standard operating procedures) by a covered entity shall not be admissible in health care lawsuits. (4) Increased burden of proof protection for covered entities.--Punitive damages may, if otherwise permitted by applicable State or Federal law, be awarded against any covered entity in a health care lawsuit only if it is proven by clear and convincing evidence that such entity acted with reckless disregard for the health or safety of the claimant. In any such health care lawsuit where no judgment for compensatory damages is rendered against such entity, no punitive damages may be awarded with respect to the claim in such lawsuit. (5) Protection from libel or slander.--Covered entities and employees, agents and representatives of covered entities are immune from civil action for libel or slander arising from information or entries made in certified EHR technology and for the transfer of such information to another eligible provider, hospital or health information exchange, if the information, transfer of information, or entries were made in good faith and without malice. SEC. 6. DEFINITIONS. (a) Claimant.--The term ``claimant'' means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor. (b) Compensatory Damages.--The term ``compensatory damages'' means objectively verifiable monetary losses incurred as a result of the provisions of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment in life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other non pecuniary losses of any kind or nature. Such term includes economic damages and noneconomic damages, as such terms as defined in this section. (c) Economic Damages.--The term ``economic damages'' means objectively verifiable monetary losses incurred as a result of the provisions of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities. (d) Certified EHR Technology.--The term ``certified EHR technology'' has the meaning given such term in section 1848(o)(4) of the Social Security Act. (e) EHR-Related Adverse Event.--The term ``EHR-related adverse event'' means, with respect to a provider, a defect, malfunction, or error in the certified health information technology or electronic health record used by the provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. (f) Health Care Lawsuit.--The term ``health care lawsuit'' means any health care liability claim concerning the provision of health care items or services or any medical product affecting interstate commerce, or any health care liability action concerning the provision of health care items or services or any medical product affecting interstate commerce, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal, State, or local government; or which is grounded in antitrust. (g) Health Care Liability Action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (h) Health Care Liability Claim.--The term ``health care liability claim'' means a demand by any person, whether or not pursuant to alternative dispute resolution, against a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, including third- party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision of, use of, or payment for (or the failure to provide, use or pay for) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action. (i) Health Care Organization.--The term ``health care organization'' means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (j) Health Care Provider.--The term ``health care provider'' means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (k) Health Care Items or Services.--The term ``health care items or services'' means any items or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (l) Malicious Intent To Injure.--The term ``malicious intent to injure'' means intentionally causing or attempting to cause physical injury other than providing health care items or services. (m) Medical Product.--The term ``medical product'' means a drug, device, or biological product intended for humans, and the terms ``drug'', ``device'', and ``biological product'' have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), respectively, including any component or raw material used therein, but excluding health care services. (n) Noneconomic Damages.--The term ``noneconomic damages'' means damages for physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind of nature. (o) Punitive Damages.--The term ``punitive damages'' means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider, health care organization, or a manufacturer, distributor, or supplier of a medical product. Punitive damages are neither economic nor economic damages. (p) State.--The term ``State'' means each of the several States, District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof.

Safeguarding Access for Every Medicare Patient Act - Authorizes a covered entity to submit to a Patient Safety Organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology the entity has used or provided. Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology. Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or electronic health record used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an EHR-related adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred. Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person. Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only. Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety. Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.

To provide certain legal safe harbors to Medicare and Medicaid providers who participate in the EHR meaningful use program or otherwise demonstrate use of certified health information technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment for All Act of 2013''. SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES. (a) Prohibition for Employment and Adverse Action.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended-- (1) in subsection (a)(3)(B), by inserting ``within the restrictions set forth in subsection (b)'' after ``purposes''; (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (3) by inserting after subsection (a) the following new subsection: ``(b) Use of Certain Consumer Report Prohibited for Employment Purposes or Adverse Action.-- ``(1) General prohibition.--Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity-- ``(A) for employment purposes; or ``(B) for making an adverse action, as described in section 603(k)(1)(B)(ii). ``(2) Source of consumer report irrelevant.--The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to such consumer. ``(3) Exceptions.--Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations: ``(A) When the consumer applies for, or currently holds, employment that requires national security clearance. ``(B) When otherwise required by law. ``(4) Effect on disclosure and notification requirements.-- The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for making an adverse action against such consumer.''. (b) Conforming Amendments and Cross References.--The Fair Credit Reporting Act is further amended as follows: (1) In section 603 (15 U.S.C. 1681a)-- (A) in subsection (d)(3), by striking ``604(g)(3)'' and inserting ``604(h)(3)''; and (B) in subsection (o), by striking ``A'' and inserting ``Subject to the restrictions set forth in subsection 604(b), a''. (2) In section 604 (15 U.S.C. 1681b)-- (A) in subsection (a), by striking ``subsection (c)'' and inserting ``subsection (d)''; (B) in subsection (c), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (2)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; and (ii) in paragraph (3)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; (C) in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking ``subsection (e)'' in both places that term appears and inserting ``subsection (f)''; (D) in subsection (f), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (1), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''; and (ii) in paragraph (5), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''. (3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''. (4) In section 609 (15 U.S.C. 1681g)-- (A) In subsection (a)(3)(C)(i), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''; and (B) in subsection (a)(3)(C)(ii), by striking ``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''. (5) In section 613(b) (15 U.S.C. 1681k(b)) by striking section ``604(b)(4)(A)'' and inserting ``section 604(c)(4)(A)''. (6) In section 615 (15 U.S.C. 1681m)-- (A) in subsection (d)(1), by striking ``section 604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)''; (B) in subsection (d)(1)(E), by striking ``section 604(e)'' and inserting ``section 604(f)''; and (C) in subsection (d)(2)(A), by striking ``section 604(e)'' and inserting ``section 604(f)''.

Equal Employment for All Act of 2013 - Amends the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report, or from causing one to be procured, for either employment purposes or for making an adverse action, if the report contains information that bears upon the consumer's creditworthiness, credit standing, or credit capacity. Makes exceptions to such prohibition when: (1) the consumer applies for, or currently holds, employment that requires a national security clearance; or (2) a consumer report is otherwise required by law.

Equal Employment for All Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Data, Quality Healthcare Act of 2013''. SEC. 2. EXPANDING THE AVAILABILITY OF MEDICARE DATA. (a) Expanding Use of Medicare Data by Qualified Entities.--Section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended-- (1) in paragraph (3), in the first sentence, by inserting ``or, such claims data in sufficient detail to identify cost and utilization, as appropriate'' before the period at the end; and (2) by adding at the end the following new paragraph: ``(5) Expanding use of medicare data by qualified entities.-- ``(A) In general.--Beginning January 1, 2014, notwithstanding paragraph (4)(B) and the second sentence of paragraph (4)(D), a qualified entity may-- ``(i) use data received by such entity under this section, and information derived from the evaluation described in paragraph (4)(D), for additional non-public analyses (as determined appropriate by the Secretary); or ``(ii) subject to subparagraph (C), provide or sell such data and analyses to entities described in subparagraph (B) for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). ``(B) Entities described.--The entities described in this subparagraph are the following: ``(i) A health care provider. ``(ii) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). ``(iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). ``(iv) Any organization affiliated with or representing an entity described in clause (i), (ii), or (iii), such as a medical society. ``(v) A public health authority (as defined for purposes of the Health Insurance Portability and Accountability Act of 1996). ``(vi) A State or local government agency. ``(vii) A research organization that certifies that it will only use the data or analyses for the public good and not for proprietary purposes. ``(viii) Any other entity the Secretary determines appropriate to further the goals of this paragraph. ``(C) Requirements.-- ``(i) Data use agreement.--A qualified entity may only provide data or analysis to an entity under subparagraph (A)(ii) pursuant to a data use agreement with the entity. Under such agreement, the entity-- ``(I) may not re-sell such data or analyses; and ``(II) shall comply with the privacy and security policies of the qualified entity in using such data or analyses. ``(ii) Civil money penalty.-- ``(I) In general.--If the Secretary determines that an entity described in subparagraph (B) knowingly used such data and analyses for purposes other than as authorized under this paragraph, the entity shall be subject to a civil money penalty in an amount determined by the Secretary for each such violation. ``(II) Procedures.--The provisions of section 1128A (other than subsections (a) and (b) of such section) shall apply to a civil money penalty under subclause (I) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (b) Access to Medicare Data to Qualified Clinical Data Registries To Facilitate Quality Improvement.--Section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w-4(m)(3)(E)) is amended by adding at the end the following new clause: ``(vi) Access to medicare data to facilitate quality improvement.-- ``(I) In general.--Consistent with applicable laws and regulations with respect to privacy and other relevant matters, beginning January 1, 2014, the Secretary shall, subject to subclause (II), provide claims data under this title (in a form and manner determined to be appropriate) to qualified clinical data registries under this subparagraph for purposes of linking such data with clinical outcomes data and preforming and disseminating risk- adjusted, scientifically valid research to support quality improvement. ``(II) Limitation.--A qualified clinical data registry may not publicly report any data made available under subclause (I) that individually identifies a provider of services or supplier unless the registry obtains the consent of the provider of services or supplier prior to such reporting.''.

Quality Data, Quality Healthcare Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the use of certain data by qualified public or private entities to evaluate the performance of service providers and suppliers under Medicare insurance programs. Authorizes a qualified entity to: (1) use Medicare data, and information derived from service provider and supplier performance evaluations, for additional non-public analyses; or (2) provide or sell such data and analyses to specified health care-related entities for non-public use (including for purposes of assisting service providers and suppliers to develop and participate in quality and patient care improvement activities, particularly development of new models of care). Conditions such authorization upon a data use agreement between a qualified entity and a specified health care-related entity under which the latter: (1) may not re-sell such data or analyses; and (2) shall comply with the qualified entity's privacy and security policies in using such data or analyses. Prescribes a civil money penalty for unauthorized use of data and analyses. Requires the Secretary of Health and Human Services (HHS) to provide Medicare claims data to qualified clinical data registries for purposes of linking it with clinical outcomes data and performing and disseminating risk-adjusted, scientifically valid research to support quality improvement. Prohibits a qualified clinical data registry from reporting publicly any claims data thus made available that individually identifies a service provider or supplier without prior consent.

Quality Data, Quality Healthcare Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2007''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL DEBTORS. Section 3720B of title 31, United States Code, is amended-- (1) in the section heading, by adding at the end ``or contracts''; (2) by adding at the end the following: ``(c)(1) Unless this subsection is waived by the head of a Federal agency, a person who has a seriously delinquent tax debt shall be proposed for debarment from any contract awarded by the Federal government pursuant to procedures established by regulation by the Administrator for Federal Procurement Policy. ``(2) The head of any Federal agency that issues an invitation for bids or a request for proposals for a negotiated acquisition shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- ``(A) certifying that the person does not have a seriously delinquent tax debt; and ``(B) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. ``(3) The Secretary shall develop and make available to all Federal agencies a standard form for the certification and authorization described in paragraph (2). ``(4) Not later than 270 days after the date of enactment of this subsection, the Administrator for Federal Procurement Policy shall issue revised regulations to incorporate the requirements of this subsection. ``(5) For purposes of this subsection: ``(A) The term `contract' means a binding agreement entered into by a Federal agency for the purpose of obtaining property or services, but does not include-- ``(i) a contract designated by the head of the agency as assisting the agency in the performance of disaster relief authorities; or ``(ii) a contract designated by the head of the agency as necessary to the national security of the United States. ``(B)(i) The term `person' includes-- ``(I) an individual; ``(II) a partnership; and ``(III) a corporation. ``(ii) A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- ``(I) holds an ownership interest of 50 percent or more in that partnership; and ``(II) who has a seriously delinquent tax debt. ``(iii) A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- ``(I) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and ``(II) who has a seriously delinquent tax debt. ``(C)(i) The term `seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. ``(ii) Such term does not include-- ``(I) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and ``(II) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015, is requested or pending.''. SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any Executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to any person unless such person submits with the application for such grant a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the Executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Release of Information.--The Secretary shall develop and make available to all Executive agencies a standard form for the certification and authorization described in subsection (a)(2). (c) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. (d) Definitions and Special Rules.--For purposes of this section: (1) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) who has a seriously delinquent tax debt. (C) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) who has a seriously delinquent tax debt. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (3) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015, is requested or pending.

Contracting and Tax Accountability Act of 2007 - Prohibits any person who has a seriously delinquent tax debt from obtaining a federal government contract or grant. Requires federal agency heads to require prospective contractors or grantees to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether such contractors or grantees have such a debt. Defines "seriously delinquent tax debt" and an outstanding tax debt for which a notice of lien has been filed in public records.

A bill to prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Striped Bass Conservation Act Amendments of 1997''. SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC STRIPED BASS CONSERVATION ACT. The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Atlantic Striped Bass Conservation Act'. ``SEC. 2. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds and declares the following: ``(1) Atlantic striped bass are of historic commercial and recreational importance and economic benefit to the Atlantic coastal States and to the Nation. ``(2) No single government entity has full management authority throughout the range of the Atlantic striped bass. ``(3) The population of Atlantic striped bass-- ``(A) has been subject to large fluctuations due to natural causes, fishing pressure, environmental pollution, loss and alteration of habitat, inadequacy of fisheries conservation and management practices, and other causes; and ``(B) risks potential depletion in the future without effective monitoring and conservation and management measures. ``(4) It is in the national interest to implement effective procedures and measures to provide for effective interjurisdictional conservation and management of this species. ``(b) Purpose.--It is therefore declared to be the purpose of the Congress in this Act to support and encourage the development, implementation, and enforcement of effective interstate action regarding the conservation and management of the Atlantic striped bass. ``SEC. 3. DEFINITIONS. ``As used in this Act-- ``(1) the term `Magnuson Act' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). ``(2) The term `Atlantic striped bass' means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i). ``(3) The term `coastal waters' means-- ``(A) for each coastal State referred to in paragraph (4)(A)-- ``(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and ``(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone; ``(B) for the District of Columbia, those waters within its jurisdiction; and ``(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958. ``(4) The term `coastal State' means-- ``(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina; ``(B) the District of Columbia; and ``(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958. ``(5) The term `Commission' means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77-539 and 81-721. ``(6) The term `exclusive economic zone' has the meaning given such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)). ``(7) The term `fishing' means-- ``(A) the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass; ``(B) the attempted catching, taking, or harvesting of Atlantic striped bass; and ``(C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B). The term does not include any scientific research authorized by the Federal Government or by any State government. ``(8) The term `moratorium area' means the coastal waters with respect to which a declaration under section 5(a) applies. ``(9) The term `moratorium period' means the period beginning on the day on which moratorium is declared under section 5(a) regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared. ``(10) The term `Plan' means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission. ``(11) The term `Secretary' means the Secretary of Commerce or a designee of the Secretary of Commerce. ``(12) The term `Secretaries' means the Secretary of Commerce and the Secretary of the Interior or their designees. ``SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES. ``(a) Determination.--During December of each fiscal year, and at any other time it deems necessary the Commission shall determine-- ``(1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and ``(2) whether the enforcement of the Plan by each coastal State is satisfactory. ``(b) Satisfactory State Enforcement.--For purposes of subsection (a)(2), enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within the coastal waters of the State is being, or will likely be, substantially and adversely affected. ``(c) Notification of Secretaries.--The Commission shall immediately notify the Secretaries of each negative determination made by it under subsection (a). ``SEC. 5. MORATORIUM. ``(a) Secretarial Action After Notification.--Upon receiving notice from the Commission under section 4(c) of a negative determination regarding a coastal State, the Secretaries shall determine jointly, within 30 days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretaries shall carefully consider and review the comments of the Commission and that coastal State in question. ``(b) Prohibited Acts During Moratorium.--During a moratorium period, it is unlawful for any person-- ``(1) to engage in fishing within the moratorium area; ``(2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1); ``(3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under subsection (a) applies to that State; or ``(4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught. ``(c) Civil Penalties.-- ``(1) Civil penalty.--Any person who commits any act that is unlawful under subsection (b) shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16 U.S.C. 1858). ``(2) Civil forfeitures.-- ``(A) In general.--Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or as the result of, the commission of any act that is unlawful under subsection (b) shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). ``(B) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed in regulations. ``(d) Enforcement.--A person authorized by the Secretaries or the Secretary of the department in which the Coast Guard is operating may take any action to enforce a moratorium declared under subsection (a) that an officer authorized by the Secretary under section 311(b) of the Magnuson Act (16 U.S.C. 1861(b)) may take to enforce that Act (16 U.S.C. 1801 et seq.). The Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement. ``(e) Regulations.--The Secretaries may issue regulations to implement this section. ``SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS. ``(a) In General.--For the purposes of carrying out this Act, the Secretaries shall conduct continuing, comprehensive studies of Atlantic striped bass stocks. These studies shall include, but shall not be limited to, the following: ``(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long- term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass. ``(2) Investigations of the causes of fluctuations in Atlantic striped bass populations. ``(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population. ``(4) Investigations of-- ``(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and ``(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass. ``(b) Socio-Economic Study.--The Secretaries, in consultation with with the Atlantic States Marine Fisheries Commission, shall conduct a study of the socio-economic benefits of the Atlantic striped bass resource. The Secretaries shall issue a report to the Congress concerning the findings of this study no later than September 30, 1998. ``(c) Reports.--The Secretaries shall make biennial reports to the Congress and to the Commission concerning the progress and findings of studies conducted under subsection (a) and shall make those reports public. Such reports shall, to the extent appropriate, contain recommendations of actions which could be taken to encourage the sustainable management of Atlantic striped bass. ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS. ``(a) Authorization.--For each of fiscal years 1998, 1999, and 2000, there are authorized to be appropriated to carry out this Act-- ``(1) $800,000 to the Secretary of Commerce; and ``(2) $250,000 to the Secretary of the Interior. ``(b) Cooperative Agreements.--The Secretaries may enter into cooperative agreements with the Atlantic States Marine Fisheries Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance for carrying out the purposes of this Act. ``SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND AMENDMENTS. ``(a) Standards and Procedures.--In order to ensure the opportunity for public participation in the preparation of management plans and amendments to management plans for Atlantic striped bass, the Commission shall prepare such plans and amendments in accordance with the standards and procedures established under section 805(a)(2) of the Atlantic Coastal Fisheries Cooperative Management Act. ``(b) Application.--Subsection (a) shall apply to management plans and amendments adopted by the Commission after the 6-month period beginning on the date of enactment of the Atlantic Striped Bass Conservation Act Amendments of 1997. ``SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE. ``(a) Regulation of Fishing in Exclusive Economic Zone.--The Secretary shall promulgate regulations governing fishing for Atlantic striped bass in the exclusive economic zone that the Secretary determines-- ``(1) are consistent with the national standards set forth in section 301 of the Magnuson Act (16 U.S.C. 1851); ``(2) are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal State; ``(3) ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and ``(4) are sufficient to assure the long-term conservation of Atlantic striped bass populations. ``(b) Consultation; Periodic Review of Regulations.--In preparing regulations under subsection (a), the Secretary shall consult with the Atlantic States Marine Fisheries Commission, the appropriate Regional Fishery Management Councils, and each affected Federal, State, and local government entity. The Secretary shall periodically review regulations promulgated under subsection (a), and if necessary to ensure their continued consistency with the requirements of subsection (a), shall amend those regulations. ``(c) Applicability of Magnuson Act Provisions.--The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations and any plan issued under subsection (a) of this section as if such regulations or plan were issued under the Magnuson Act.''. SEC. 3. REPEALS. (a) Anadromous Fish Conservation Act.--Section 7 of the Anadromous Fish Conservation Act (16 U.S.C. 757g) is repealed. (b) Albemarle Sound-Roanoke River Basin.--Section 5 of the Act entitled ``An Act to authorize appropriations to carry out the Atlantic Striped Bass Conservation Act for fiscal years 1989 through 1991, and for other purposes'', approved November 3, 1988 (16 U.S.C. 1851 note; 102 Stat. 2984), relating to studies of the Albermarle Sound-Roanoke River Basin striped bass stock, is repealed. (c) Regulation of Fishing in Exclusive Economic Zone.--Section 6 of the Act entitled ``An Act to authorize appropriations to carry out the Atlantic Striped Bass Conservation Act for fiscal years 1989 through 1991, and for other purposes'', approved November 3, 1988 (16 U.S.C. 1851 note; 102 Stat. 2986) is repealed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Atlantic Striped Bass Conservation Act Amendments of 1997 - Amends the Atlantic Striped Bass Conservation Act to replace the existing Act with provisions requiring a moratorium on fishing for Atlantic striped bass in the coastal waters of a State that the Atlantic States Marine Fisheries Commission and the Secretaries of Commerce and the Interior determine is not complying with the Commission's plan for managing Atlantic striped bass. Provides for civil penalties and forfeiture of vessels, gear, and fish for violations of the moratorium. Mandates continuing, comprehensive studies of Atlantic striped bass stocks and a study of the socio-economic benefits of the Atlantic striped bass resource. Authorizes appropriations to carry out the Act. Authorizes cooperative agreements between the Secretaries and the Commission or States to use amounts appropriated under the Act. Requires the Commission to prepare such management plans in accordance with standards and procedures of the Atlantic Coastal Fisheries Cooperative Management Act relating to the preparation of coastal fishery management plans. Mandates regulations governing fishing for Atlantic striped bass in the Exclusive Economic Zone that are consistent with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act, ensure the effectiveness of State regulations on fishing for Atlantic striped bass in the coastal waters of a coastal State, and meet other requirements. Applies provisions of that Act regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement concerning regulations and any plan issued under this paragraph. Repeals provisions of the Anadromous Fish Conservation Act relating to studies of the anadromous stocks of Atlantic striped bass. Repeals provisions of Federal law relating to a study of the striped bass fishery resources and habitats of the Albemarle Sound-Roanoke River basin area. Repeals provisions of Federal law relating to regulations governing the fishing for Atlantic striped bass in the Exclusive Economic Zone.

Atlantic Striped Bass Conservation Act Amendments of 1997

SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Distribution of judgment funds. Sec. 104. Definitions. Sec. 105. General Provisions. TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS Sec. 201. Amendment to plan for use and distribution of funds awarded in Docket No. 228. Sec. 202. Amendment to plan for use and distribution of funds awarded in Docket No. 236-N. TITLE III--EXPERT ASSISTANCE LOANS Sec. 301. Waiver of repayment of expert assistance loans to Community, Oglala Sioux tribe, Pueblo of Santo Domingo, and Seminole Nation of Oklahoma. TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION SEC. 101. SHORT TITLE This title may be cited as the ``Gila River Indian Community Judgment Fund Distribution Act of 2002''. SEC. 102. FINDINGS. Congress finds the following: (1) On August 8, 1951, the Gila River Indian Community filed a complaint before the Indian Claims Commission in Gila River Pima-Maricopa Indian Community v. United States, Docket No. 236, for the failure of the United States to carry out its obligation to protect the Community's use of water from the Gila River and the Salt River. (2) All original 14 dockets under Docket No. 236 have been resolved and funds distributed, except for Docket Nos. 236-C and 236-D, which remain undistributed. (3) In Gila River Pima-Maricopa Indian Community v. United States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims Commission held that the United States, as trustee, was liable to the Community as to the claims made in Docket 236-C. (4) In Gila River Pima-Maricopa Indian Community v. United States, 684 F.2d 852 (1982), the United States Court of Claims held that the United States, as trustee, was liable to the Community as to the claims made in Docket 236-D. (5) With the approval of the Community under Community Resolution GR-98-98, the Community entered into a settlement with the United States for claims made under Dockets 236-C and 236-D on April 27, 1999, for an aggregate total of $7,000,000. (6) On May 3, 1999, the United States Court of Federal Claims ordered that a final judgment be entered in consolidated Dockets 236-C and 236-D for $7,000,000 in favor of the Community and against the United States. (7) On October 6, 1999, the Department of the Treasury certified the payment of $7,000,000, less attorney fees, to be deposited into a trust account on behalf of the Community, and to which such payment was made into a trust account managed by the Office of Trust Funds Management of the Department of the Interior. (8) Pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401, et seq.) as amended and implemented by 25 CFR Part 87, the Secretary is required to submit an Indian judgment fund use or distribution plan to Congress for approval. SEC. 103. DISTRIBUTION OF JUDGMENT FUNDS. (a) Per Capita Payments.--Notwithstanding any provision of the Indian Tribal Judgment Funds Use or Distribution Act, or any other law, regulation, or plan promulgated pursuant thereto, the funds appropriated on October 6, 1999, in satisfaction of an award granted to the Gila River Indian Community in Dockets 236-C and 236-D before the United States Court of Federal Claims, less attorney fees and litigation expenses, and including all accrued interest shall be distributed in the form of per capita payments (in sums as equal as possible) to all eligible enrolled members of the Community. (b) Preparation of Payment Roll.--The Community shall prepare the payment roll in accordance with the following criteria: (1) Subject to eligibility requirements under paragraph (2), the following individuals shall be eligible to be listed on the payment roll and eligible to receive a per capita payment from the Judgment Fund: (A) All enrolled Community members who are eligible to be listed on the per capita payment roll that was approved by the Secretary for the distribution of the funds awarded to the Community in Docket No. 236-N, including those who were inadvertently omitted from such roll. (B) All enrolled Community members who are living on the date of enactment of this Act. (C) All enrolled Community members who have died after the effective date of the payment plan for Docket No. 236-N and on or prior to the date of enactment of this Act. (2) The following individuals shall be ineligible to be listed on the payment roll prepared under this Act and ineligible to receive a per capita payment from the Judgment Fund: (A) Any individual who has relinquished membership with the Community prior to the date the Community certifies their payment roll for the eligible adult members under this section. (B) Any minor who has relinquished membership with the Community, or whose parent or legal guardian has relinquished membership on their behalf, prior to the date that the minor is 18 years of age. (C) Any individual who has been disenrolled by the Community for just cause, such as dual enrollment or failure to meet the eligibility requirements for enrollment. (D) Any individual who has been determined or certified as eligible by the Secretary to receive per capita payment from any judgment fund that was awarded to another community, tribe or tribal entity if that the judgment fund was appropriated on or before the date of enactment of this Act. (E) Any individual who has not enrolled as a member of the Community on or before the 90th day after the date of the enactment of this Act. (c) Notice to Secretary.--When the Community has prepared and approved its payment roll, the Community shall notify the Secretary of the total number of individuals eligible to share in the per capita distribution. The total number shall be subdivided into the number of shares that belong to eligible living adult tribal members, and the number of shares that belong to deceased individuals, legally incompetent individuals, and minors. (d) Information Provided to Secretary.--The Community shall provide the Secretary with the enrollment information necessary to allow the Secretary to establish estate accounts for the deceased individuals, and IIM accounts for legally incompetent individuals and minors. (e) Disbursement of Funds.--Not later than 30 days after the payment roll has been approved by the Community and the Community has reconciled the number of shares that belong in each payment category, the Secretary shall disburse to the Community the funds necessary to make the per capita distribution to the eligible living adult tribal members. Once the funds are disbursed to the Community, the Community shall be responsible for administering and distributing the funds. (f) Shares of Deceased Individuals.--The Secretary shall distribute the per capita shares of deceased individuals to their heirs and legatees in accordance with existing regulations prescribed by the Secretary. If a final determination is made that the decedent has no heirs, the per capita share and the interest earned on that share shall revert to the Community and be deposited into the Community's general fund. (g) Shares of Legally Incompetent Individuals.--The Secretary shall deposit the shares of legally incompetent individuals into supervised IIM accounts. These IIM accounts shall be administered pursuant to existing regulations and procedures established by the Secretary. (h) Shares of Minors.--The Secretary shall deposit the shares of minors into supervised IIM accounts. The provisions contained in section 3(b)(3) of the Indian Tribal Judgment Funds Use and Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to the minor's per capita shares held by the Secretary under this Act. The Secretary shall hold the minor's per capita shares in trust until the minor is 18 years of age. None of the Judgment Funds or the interest earned on those funds shall be disbursed from the minor's account until the minor is 18 years of age. (i) Payment of Eligible Individuals Not Listed on Payment Roll.--An individual who is not listed on the payment roll, but is eligible to receive payment, may be paid from any residual principal and interest funds remaining after the Community has made its per capita distribution and the IIM accounts have been established. If the residual Judgment Funds are insufficient to cover the cost of such payment, the Community may pay the individual from its Community-owned Funds. The Secretary is authorized to accept and deposit such funds into an IIM or estate account established for a minor, legal incompetent, or deceased beneficiary that the Community has identified as being eligible to receive payment under this section, but who was not paid from the Judgment Fund. The Secretary shall invest these funds pursuant to existing statutory authority. (j) Use of Residual Funds.--Upon request by the Community, any residual principal and interest funds remaining after the Community has declared per capita distribution complete shall be disbursed to the Community and deposited into the Community's general fund. (k) Nonapplicability of Certain Law.--Notwithstanding any other provision of law, the Indian Gaming Regulatory Act (25 U.S.C. 2701, et seq.), shall not apply to Community-owned Funds used by the Community to cover shortfalls in funding necessary to make payments to individuals not listed on the payment roll, but eligible to receive payment as described under subsection (i) of this section. SEC. 104. DEFINITIONS. As used in this title: (1) Adult.--The term ``adult'' means an individual who-- (A) is 18 years of age or older on the date the payment roll is approved by the Community; or (B) will reach 18 years of age not later than 30 days after the date that the payment roll is approved by the Community. (2) Community.--The term ``Community'' means the Gila River Indian Community. (3) Community-owned funds.--The term ``Community-owned Funds'' means funds currently held in trust by the Secretary that can be made available to make payments under section 103, or revenues held by the Community that are derived from community-owned enterprises. (4) IIM.--The term ``IIM'' means individual Indian money account. (5) Judgment fund.--The term ``Judgment Fund'' means the funds awarded to the Community by the Court of Federal Claims in Dockets 236-C and 236-D. (6) Legal incompetent.--The term ``legal incompetent'' means an individual who has been determined incapable of managing their own affairs by a court of competent jurisdiction. (7) Minor.--The term ``minor'' means an individual who is less than 18 years of age on the date the payment roll is approved by the Community, or who will not reach 18 years of age by the date that is 30 days after the date that the payment roll is approved by the Community. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 105. GENERAL PROVISIONS. (a) Responsibility for Funds--After the funds are disbursed to the Community as provided under section 103(e), the United States and the Secretary shall no longer have any trust responsibility for the investment, supervision, administration, or expenditure of that portion of the Judgment Funds. The funds subject to subsections (f) and (g) of section 103 shall continue to be held in trust by the Secretary until disbursed under this Act. (b) Applicability of Other Law.--All funds distributed under this Act are subject to the provisions of sections 7 and 8 of Public Law 93- 134 (25 U.S.C. 1407 and 1408, respectively). TITLE II--AMENDMENT TO COMMUNITY'S PRIOR JUDGMENT FUND PLANS SEC. 201. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN DOCKET 228. A judgment fund plan for the funds awarded to the Community in Docket No. 228 was submitted to Congress under the provisions of the Act of October 19, 1973 (25 U.S.C. 1401, et seq.). The plan became effective on August 10, 1986, and was published in the Federal Register on March 5, 1987 (52 FR 6887). The plan was amended by the Act of October 16, 1986, Public Law 99-493 (100 Stat. 1241). The plan is further amended to include the following paragraphs: ``(1) The provisions contained in section 3(b)(3) of the Indian Tribal Judgment Funds Use and Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to minors' remaining per capita shares held by the Secretary under this plan, as of the date of the enactment of the Gila River Indian Community Judgment Fund Distribution Act of 2002. The Secretary shall hold the minors' per capita shares in trust until the minors reach 18 years of age. None of the judgment funds or the interest earned on those funds shall be disbursed from the minors' accounts until the minors reach 18 years of age. ``(2) Upon the request of the Community, any residual principal and interest funds remaining after the Community has declared the per capita distribution complete shall be disbursed to the Community and deposited into the Community's general fund.''. SEC. 202. AMENDMENT TO PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN DOCKET 236-N. A judgment fund plan for the funds awarded to the Community in Docket 236-N was submitted to Congress under the provisions of the Act of October 19, 1973 (25 U.S.C. 1401 et seq.). The plan became effective on May 9, 1994, and was published in the Federal Register on June 16, 1994 (59 FR 31092). The ``Per Capita Aspect'' and the ``General Provisions'' portions of the plan are amended as follows: (1) Per capita aspect amendments.--The last sentence of the paragraph that relates to the use of remaining amounts shall be amended to read as follows: ``Upon request from the Community, any residual principal and interest funds remaining after the Community has declared the per capita distribution complete shall be disbursed to the Community and deposited into the Community's general fund.''. (2) General provisions amendments.--The word ``minors'' shall be deleted from the third sentence of the first paragraph and the following paragraph shall be inserted between the first and second paragraph: ``The provisions contained in section 3(b)(3) of the Indian Tribal Judgment Funds Use and Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to the remaining minors' per capita shares held by the Secretary under this plan, as of the date of the enactment of the Gila River Indian Community Judgment Fund Distribution Act of 2002. The Secretary shall hold the minors' per capita shares in trust until the minor is 18 years of age. None of the judgment funds or the interest earned on those funds shall be disbursed from the minors' account until the minor is 18 years of age.''. TITLE III--EXPERT ASSISTANCE LOANS SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO COMMUNITY; OGLALA SIOUX TRIBE; PUEBLO OF SANTO DOMINGO; AND SEMINOLE NATION OF OKLAHOMA. (a) Gila River Indian Community.--Notwithstanding any other provision of law, the balance of all outstanding expert assistance loans made to the Gila River Indian Community under the authority of Public Law 88-168 (77 Stat. 301), and relating to Gila River Indian Community v. United States (United States Court of Federal Claims Docket Nos. 228, 236, and its associated subdockets), are canceled and the Secretary of the Interior shall take such action as may be necessary to document such cancellation and to release the Gila River Indian Community from any liability associated with such loans. (b) Oglala Sioux Tribe.--Notwithstanding any other provision of law, the balances of all outstanding expert assistance loans made to the Oglala Sioux Tribe under the authority of Public Law 88-168 (77 Stat. 301) and relating to Oglala Sioux Tribe v. United States (United States Court of Federal Claims Docket No. 117 and its associated subdockets) are canceled and the Secretary of the Interior shall take such action as may be necessary to document the cancellation and to release the Oglala Sioux Tribe from any liability associated with those loans. (c) Seminole Nation of Oklahoma.--Notwithstanding any other provision of law, the balances of all outstanding expert assistance loans made to the Seminole Nation of Oklahoma under the authority of Public Law 88-168 (77 Stat. 301), and relating to Seminole Nation v. United States (United States Court of Federal Claims Docket No. 247), are canceled and the Secretary of the Interior shall take such action as may be necessary to document the cancellation and to release the Seminole Nation of Oklahoma from any liability associated with those loans.

Gila River Indian Community Judgment Fund Distribution Act of 2002 - Requires the per capita distribution of funds paid in settlement of claims made in Docket Nos. 236-C and 236-D, Gila River Pima-Maricopa Indian Community V. Unite States, to enrolled members of the Gila River Indian Community.Requires the Community to prepare a payment role according to specified criteria.Directs the Secretary of the Interior to disburse funds within 30 days after Community approval of the payment roll. Makes special provision for deceased or legally incompetent individuals and minors.Permits payments of eligible individuals not on the roll out of residual funds and Community-owned funds, as specified.Revises the treatment of minors' per capita shares and final disbursement of judgment funds awarded in Dockets 228 and 236-N.Waives repayment of expert assistance loans to the Gila River Indian Community, the Oglala Sioux Tribe, and the Seminole Nation of Oklahoma, as specified.

To provide for the use and distribution of the funds awarded to the Gila River Pima-Maricopa Indian Community under United States Court of Federal claims Docket Nos. 236-C, 236-D, 236-N, and 228, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Innovator and Repurposing Act''. SEC. 2. EXTENSION OF PATENT TERM FOR METHOD OF USING BIOLOGICAL PRODUCT. (a) Extension for Regulatory Delay.--The term of a patent claiming a method of using a biological product shall be extended for 5 years from the original expiration date of the patent, which shall include any patent term adjustment granted under section 154(b) of title 35, United States Code, if-- (1) an application for an extension is submitted by the owner of record of the patent or its agent in accordance with the requirements of subsection (b); and (2) the term of the patent-- (A) has not expired before the application is so submitted; and (B) has not been extended under subsection (c) of this section or section 156 of title 35, United States Code. (b) Application for Extension.--To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application to the Director. The application shall contain-- (1) the identity of the biological product; (2) the identity of the patent for which an extension is being sought and the identity of each claim of such patent that claims the method of using the biological product; (3) information demonstrating to the Director that-- (A) the patent was issued to an independent innovator; (B) the owner of record is-- (i) the independent innovator; or (ii) a qualified small business in which the independent innovator has an ownership interest; (C) an application under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) for commercial marketing of the biological product for a method of use claimed in the patent has been filed; and (D) a period of not less than 10 years elapsed between the original date of submission of an application for an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) for investigating such method of use and the date on which the Food and Drug Administration approved the application described in subparagraph (C); and (4) a brief description of the activities undertaken by the owner of record of the patent, or the agent of such owner, during such period with respect to the biological product and the significant dates applicable to such activities to the extent such information is possessed by such owner. (c) Determination of Extension.-- (1) In general.--A determination that a patent is eligible for extension shall be made by the Director solely on the basis of the representations contained in the application for the extension. If the Director determines that a patent is eligible for extension under subsection (a) and that the requirements of subsection (b) have been complied with, the Director shall issue to the applicant for the extension of the term of the patent a certificate of extension, under seal, for 5 years. Such certificate shall be recorded in the official file of the patent and shall be considered as part of the original patent. (2) Interim extension.--If the term of a patent for which an application has been submitted under subsection (b) would expire before a certificate of extension is issued or denied under paragraph (1) respecting the application, the Director shall extend, until such determination is made, the term of the patent for periods of up to one year if the Director determines that the patent is eligible for extension. (d) Definitions.--In this section: (1) Biological product.--The term ``biological product'' has the meaning given to such term in section 351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)). (2) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (3) Independent innovator.-- (A) The term ``independent innovator'' means any person or entity that-- (i) obtains a method of use patent for a biological product; and (ii) is not, at the time of invention or patent filing, affiliated with the holder of a marketing application approved under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) for the commercial marketing of such biological product. (B) For purposes of subparagraph (A) and paragraph (4), the term ``affiliated'' refers to any relationship of employment, control, or common ownership, whether direct or indirect, including through one or more intermediaries. (4) Qualified small business.--The term ``qualified small business'' means any entity with fewer than 500 employees, including employees of affiliates, and which is not affiliated with the holder of the marketing application approved under section 351(a) of the Public Health Service Act (42 U.S.C. sec. 262(a)) for the commercial marketing of such biological product. (e) Effective Date.--This section shall take effect on the date of the enactment of this Act and shall apply to any unexpired patent issued before, on, or after that effective date.

Independent Innovator and Repurposing Act - Establishes procedures under which the term of an unexpired patent claiming a method of using a biological product shall be extended for five years from its original expiration date. Requires an application for such an extension to demonstrate that: (1) the patent was issued to an independent innovator, and (2) the owner of record is the independent innovator or a small business (with fewer than 500 employees and which is not affiliated with the holder of the marketing application approved under licensing requirements of the Public Health Service Act for the commercial marketing of such biological product) in which the independent innovator has an ownership interest. Defines "independent innovator" as a person or entity that obtains a method of use patent for a biological product and is not, at the time of invention or patent filing, affiliated with the holder of an approved application for the commercial marketing of the product.

Independent Innovator and Repurposing Act

SECTION 1. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1259. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. ``(a) In General.--If there is a constructive sale of an appreciated financial position-- ``(1) the taxpayer shall recognize gain as if such position were sold for its fair market value on the date of such constructive sale (and any gain shall be taken into account for the taxable year which includes such date), and ``(2) for purposes of applying this title for periods after the constructive sale-- ``(A) proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of paragraph (1), and ``(B) the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. ``(b) Appreciated Financial Position.--For purposes of this section-- ``(1) In general.--The term `appreciated financial position' means any position with respect to any stock, debt instrument, or partnership interest if there would be gain were such position sold. ``(2) Position.--The term `position' means an interest, including a futures or forward contract, short sale, or option. ``(c) Constructive Sale.--For purposes of this section-- ``(1) In general.--A taxpayer shall be treated as having made a constructive sale of an appreciated financial position if the taxpayer (or a related person)-- ``(A) makes a short sale of the same or substantially identical property, ``(B) enters into an offsetting notional principal contract with respect to the same or substantially identical property, ``(C) enters into a futures or forward contract to deliver the same or substantially identical property, ``(D) in the case of an appreciated financial position that is a short sale or a contract described in subparagraph (B) or (C) with respect to any property, acquires the same or substantially identical property, or ``(E) enters into 1 or more other transactions (or acquires 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. ``(2) Exception for transactions marked to market.--The term `constructive sale' shall not include any transaction if the appreciated financial position which is part of such transaction is marked to market under section 475 or 1256. ``(3) Exception for sales of nonpublicly traded property.-- The term `constructive sale' shall not include any contract for sale of any stock, debt instrument, or partnership interest which is not a marketable security (as defined in section 453(f)) if the sale occurs within 1 year after the date such contract is entered into. ``(4) Exception for transactions which are closed by year end.--In applying this section, there shall be disregarded-- ``(A) any appreciated financial position which is sold or otherwise disposed of during the taxable year in a transaction in which gain or loss is recognized, and ``(B) any other transaction (which would otherwise be treated as a constructive sale) if-- ``(i) such transaction is closed before the end of the taxable year, and ``(ii) in the case of a transaction which is closed during the last 30 days of such taxable year, another transaction with substantially the same effect as the closed transaction is not entered into during the 31- day period beginning with the date on which such transaction was closed. ``(5) Related person.--A person is related to another person with respect to a transaction if-- ``(A) the relationship is described in section 267 or 707(b), and ``(B) such transaction is entered into with a view toward avoiding the purposes of this section. ``(6) Special rule for debt instruments.--For purposes of paragraph (1)(A), positions in interest rates shall be treated as positions in property which are substantially identical to debt instruments. ``(d) Other Definitions.--For purposes of this section-- ``(1) Forward contract.--The term `forward contract' includes a fully or partially prepaid forward contract. ``(2) Offsetting notional principal contract.--The term `offsetting notional principal contract' means, with respect to any property, an agreement to pay the investment yield (including appreciation) on such property for a specified period in exchange for the right to be reimbursed for any decline in the value of such property and for other consideration. ``(e) Special Rules.-- ``(1) Treatment of subsequent sale of position which was deemed sold.--If-- ``(A) there is a constructive sale of any appreciated financial position, ``(B) such position is subsequently sold or otherwise disposed of, and ``(C) at the time of such sale or disposition, the transaction resulting in the constructive sale of such position is open with respect to the taxpayer or any related person, solely for purposes of determining whether the taxpayer has entered into a constructive sale of any other appreciated financial position held by the taxpayer, the taxpayer shall be treated as entering into such transaction immediately after such sale or other disposition. ``(2) Certain trust instruments treated as stock.--For purposes of this section, an interest in a trust which is actively traded (within the meaning of section 1092(d)(1)) shall be treated as stock. ``(3) Multiple positions in property.--If there is a constructive sale of a portion of any property held by the taxpayer, the determination of the specific property which is deemed sold shall be made in the same manner as if the constructive sale were an actual sale; except that property treated as sold by reason of a prior constructive sale that remains open shall be disregarded. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Securities Traders May Elect Mark to Market.--Subsection (d) of section 475 (relating to mark to market accounting method for dealers in securities) is amended by adding at the end the following new paragraph: ``(4) Securities traders may elect mark to market.--In the case of a person engaged in the trade or business of being an active trader in securities-- ``(A) such person may elect to be treated as a dealer in securities for purposes of this section, and ``(B) securities held by such person in connection with such trade or business shall be treated as not held for investment. Such an election may be made without the consent of the Secretary and, if made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.'' (c) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1259. Constructive sales treatment for appreciated financial positions.'' (d) Effective Date.-- (1) In general.--Except as provided in paragraph (3), the amendments made by this section shall apply to-- (A) any constructive sale after the date of the enactment of this Act, and (B) any constructive sale after January 12, 1996, and before the date of the enactment of this Act, but only if, on the date which is 30 days after the date of the enactment of this Act, the taxpayer owns the appreciated financial position subject to the constructive sale and the transaction that resulted in the construction sale remains open with respect to the taxpayer or a related person. In a case to which subparagraph (B) applies, section 1259 of the Internal Revenue Code of 1986 (as added by this section) shall be applied as if the constructive sale occurred on the date which is 30 days after the date of the enactment of this Act. (2) Special rule.--In the case of a decedent dying after the date of the enactment of this Act, if-- (A) there was a constructive sale on or before such date of enactment of any appreciated financial position, and (B) on the day before the date of the decedent's death, the transaction resulting in the constructive sale of such position is open with respect to the decedent or any related person and gain has not been recognized under section 1259 of the Internal Revenue Code of 1986 (as added by this section), for purposes of such Code, such position (and any property related thereto, as determined under the principles of section 1259(d)(1) of such Code (as so added)) shall be treated as property constituting rights to receive an item of income in respect of a decedent under section 691 of such Code. (3) Election of securities traders to be treated as dealers.-- (A) In general.--The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act. (B) 5-year spread of adjustments.--In the case of a taxpayer who elects under section 475(d)(4) of the Internal Revenue Code of 1986 (as added by this section) to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act, the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over the 5- taxable year period beginning with such first taxable year. SEC. 2. LIMITATION ON EXCEPTION FOR INVESTMENT COMPANIES UNDER SECTION 351. (a) In General.--Paragraph (1) of section 351(e) of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following: ``The determination of whether a company is an investment company shall be made by taking into account all stock and securities held by the company, whether or not readily marketable.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to transfers after the date of the enactment of this Act in taxable years ending after such date.

Amends the Internal Revenue Code to provide that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. Sets forth a special rule for investment companies.

To amend the Internal Revenue Code of 1986 to require gain recognition in the case of certain transactions that are equivalent to sales of financial instruments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childhood Lead Poisoning Protection Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) lead poisoning remains a serious environmental risk, especially to the health of young children; (2) childhood lead poisoning can cause reductions in IQ, attention span, reading, and learning disabilities, and other growth and behavior problems; (3) children under the age of 6 are at the greatest risk because of the sensitivity of their developing brains and nervous systems; (4) poor children and minority children are at substantially higher risk of lead poisoning; (5) it is estimated that more than 500,000 children enrolled in Medicaid have harmful levels of lead in their blood; (6) children enrolled in Medicaid represent 60 percent of the 890,000 children in the United States with elevated blood lead levels; (7) although the Health Care Financing Administration has required mandatory blood lead screenings for children enrolled in Medicaid who are not less than 1 nor more than 5 years of age, approximately two-thirds of children enrolled in Medicaid have not been screened or treated; (8) the Health Care Financing Administration mandatory screening policy has not been effective, or sufficient, to properly identify and screen children enrolled in Medicaid who are at risk; (9) uniform lead screening requirements do not exist for children not enrolled in Medicaid; and (10) adequate treatment services are not uniformly available for children with elevated blood lead levels. (b) Purpose.--The purpose of this Act is to create a lead screening safety net that will, through Medicaid and other entitlement programs, ensure that low-income children at the highest risk of lead poisoning receive blood lead screenings and appropriate followup care. SEC. 3. INCREASED LEAD POISONING SCREENINGS AND TREATMENTS UNDER THE MEDICAID PROGRAM. (a) Penalty for Insufficient Increases in Lead Poisoning Screenings.-- (1) Performance improvement.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following: ``(x) Performance Improvement.-- ``(1) In general.--Notwithstanding section 1905(b), beginning with fiscal year 2000 and for each fiscal year thereafter, with respect to any State that fails to meet minimum blood lead screening rates stated in paragraph (2), the Federal medical assistance percentage determined under section 1905(b) for the State for the fiscal year shall be reduced by 1 percentage point, but only with respect to-- ``(A) items and services furnished under a State plan under this title during that fiscal year; ``(B) payments made on a capitation or other risk- basis under a State plan under this title for coverage occurring during that fiscal year; and ``(C) payments under a State plan under this title that are attributable to DSH allotments for the State determined under section 1923(f) for that fiscal year. ``(2) Minimum blood lead screening rates.--The minimum acceptable percentages of 2-year-old Medicaid-enrolled children who have received at least 1 blood lead screening test are-- ``(A) 50 percent in fiscal year 2000; ``(B) 60 percent in fiscal year 2001; ``(C) 70 percent in fiscal year 2002; ``(D) 80 percent in fiscal year 2003; and ``(E) 90 percent in each fiscal year after fiscal year 2003. ``(3) Modification or waiver.--The Secretary may modify or waive the application of paragraph (1) in the case of a State that the Secretary determines has performed during a fiscal year such a significant number of lead blood level assessments that the State reasonably cannot be expected to achieve the minimum blood lead screening rates established by paragraph (2).''. (2) Reporting requirement.--Section 1902(a)(43)(D) of the Social Security Act (42 U.S.C. 1396a(a)(43)(D)) is amended-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the semicolon and inserting ``, and''; and (C) by adding at the end the following: ``(v) the number of children who are not more than 2 years of age and enrolled in the Medicaid Program and the number and results of lead blood level assessments performed by the State, along with demographic and identifying information that is consistent with the recommendations of the Centers for Disease Control and Prevention with respect to lead surveillance;''. (b) Mandatory Screening Requirements.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (65), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(66) provide that each contract entered into between the State and an entity (including a health insuring organization and a Medicaid managed care organization) that is responsible for the provision (directly or through arrangements with providers of services) of medical assistance under the State plan shall provide for-- ``(A) compliance with mandatory screening requirements for lead blood level assessments (as appropriate for age and risk factors) that are commensurate with guidelines and mandates issued by the Secretary through the Administrator of the Health Care Financing Administration; and ``(B) coverage of appropriate qualified lead treatment services, as prescribed by the Centers for Disease Control and Prevention guidelines, for children with elevated levels of lead in their blood.''. (c) Reimbursement for Treatment of Children With Elevated Blood Lead Levels.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) in paragraph (26), by striking ``and'' at the end; (B) by redesignating paragraph (27) as paragraph (28); and (C) by inserting after paragraph (26) the following: ``(27) qualified lead treatment services (as defined in subsection (v);''; and (2) by adding at the end the following: ``(v)(1) The term `qualified lead treatment services' means all appropriate and medically necessary services that are provided by a qualified provider, as determined by the State, to treat a child described in paragraph (2), including-- ``(A) environmental investigations to determine the source of a child's lead exposure, including the costs of qualified and trained professionals (including health professionals and lead professionals certified by the State or the Environmental Protection Agency) to conduct such investigations and the costs of laboratory testing of substances suspected of being significant pathways for lead exposure (such as lead dust, paint chips, bare soil, and water); ``(B) professional case management services to coordinate access to such services; and ``(C) emergency measures to reduce or eliminate lead hazards to a child, if required (as recommended by the Centers for Disease Control and Prevention). ``(2) For purposes of paragraph (1), a child described in this paragraph is a child who-- ``(A) has attained 6 months of age but has not attained 73 months of age; and ``(B) has been identified as having a blood lead level that equals or exceeds 20 micrograms per deciliter (or persistently equals or exceeds 15 micrograms per deciliter).''. (d) Effective Date.-- (1) In general.--The amendments made by this section apply on and after October 1, 1998. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of this section solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 4. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end the following: ``(4) Lead poisoning screening.-- ``(A) In general.--Subject to subparagraph (B), for an infant or child to be eligible to participate in the program under this section, a member of the family of the infant or child shall provide proof to the State agency, not later than 180 days after enrollment of the infant or child in the program and periodically thereafter (as determined by the State agency), that the infant or child has received a blood lead test for lead poisoning using an assessment that is appropriate for age and risk factors. ``(B) Waivers.--A State agency or local agency may waive the requirement of subparagraph (A) with respect to an infant or child if the State agency or local agency determines that-- ``(i) the area in which the infant or child resides does not pose a risk of lead poisoning; or ``(ii) the requirement would be contrary to the religious beliefs or moral convictions of the family of the infant or child. ``(C) Screenings by state agencies.-- ``(i) In general.--On the request of a member of a family of an infant or child who has not been screened for lead poisoning and who seeks to participate in the program, at no charge to the family, a State agency shall perform a blood lead test on the infant or child that is appropriate for age and risk factors. ``(ii) Reimbursement.--On the request of a State agency that screens for lead poisoning under clause (i) an infant or child that is receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services shall reimburse the State agency, from funds that are made available under that title, for the cost of the screening (including the cost of purchasing portable blood lead analyzer instruments approved for sale by the Food and Drug Administration and providing screening with the use of such instruments through laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a)).''. SEC. 5. LEAD POISONING SCREENING FOR EARLY HEAD START PROGRAMS. Section 645A of the Head Start Act (42 U.S.C 9840a) is amended-- (1) in subsection (c)(2), by inserting before the semicolon the following: ``, if the families comply with subsection (i)''; and (2) by adding at the end the following: ``(i) Lead Poisoning Screening.-- ``(1) In general.--Subject to paragraph (2), for a child to be eligible to participate in a program described in subsection (a)(1), a member of the family of the child shall provide proof to the entity carrying out the program, not later than 180 days after enrollment of the child in the program and periodically thereafter (as determined by the entity), that the child has received a blood lead test for lead poisoning using an assessment that is appropriate for age and risk factors. ``(2) Waivers.--The entity may waive the requirement of paragraph (1) with respect to a child if the entity determines that-- ``(A) the area in which the child resides does not pose a risk of lead poisoning; or ``(B) the requirement would be contrary to the religious beliefs or moral convictions of the family of the child. ``(3) Screenings by entities.-- ``(A) In general.--On the request of a member of a family of a child who has not been screened for lead poisoning and who seeks to participate in the program, at no charge to the family, the entity shall perform a blood lead test on the child that is appropriate for age and risk factors. ``(B) Reimbursement.--On the request of an entity that screens for lead poisoning under subparagraph (A) a child that is receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary shall reimburse the entity, from funds that are made available under that title, for the cost of the screening (including the cost of purchasing portable blood lead analyzer instruments approved for sale by the Food and Drug Administration and providing screening with the use of such instruments through laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a)).''.

Childhood Lead Poisoning Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for a reduced Federal medical assistance percentage for States that fail to meet specified minimum blood lead screening rates established by this Act, subject to waiver by the Secretary of Health and Human Services in the case of a State that has performed during a fiscal year such a significant number of lead blood level assessments that the State reasonably cannot be expected to achieve the appropriate minimum blood lead screening rate. Requires the State Medicaid plan to provide for reporting to the Secretary: (1) the number of children who are not more than two years of age and enrolled in the Medicaid program; and (2) the number and results of lead blood level assessments performed by the State, along with demographic and identifying information consistent with the recommendations of the Centers for Disease Control and Prevention (CDC) with respect to lead surveillance. Requires each contract between the State and an entity responsible for provision of medical assistance under the State plan to provide for: (1) compliance with mandatory screening requirements for lead blood level assessments commensurate with guidelines and mandates issued by the Secretary through the Administrator of the Health Care Financing Administration; as well as (2) coverage of appropriate qualified lead treatment services, as prescribed by CDC guidelines, for children with elevated levels of lead in their blood. Allows reimbursement for qualified lead treatment services for children with elevated blood lead levels. Amends the Child Nutrition Act of 1966 and the Head Start Act to mandate lead poisoning screening for an infant or child to be eligible to participate in either the special supplemental nutrition program for women, infants, and children, or early Head Start programs.

Childhood Lead Poisoning Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sequestration Relief Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Congress must enact a comprehensive, deficit reduction plan to solve the country's fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States. (2) The keys to a comprehensive, deficit reduction solution are increased revenues and changes in mandatory spending. (3) The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations, and it reduced discretionary spending by approximately $1 trillion through fiscal year 2021. (4) Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered. (5) Sequestration was designed as a forcing mechanism for an agreement on a comprehensive, deficit reduction plan. It has failed to produce the intended results. (6) It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our government and to the economy are too great. (7) Under sequestration, automatic, indiscriminate cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength. (8) Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery. (9) Therefore, Congress must eliminate the threat of sequestration. (10) Given the magnitude of the Federal deficit, it is likely that additional cuts to discretionary spending will be necessary for a comprehensive deficit reduction solution. (11) Congress must establish a manageable, long-term discretionary spending plan. An additional $320 billion in targetable cuts to discretionary appropriations from fiscal year 2014 through fiscal year 2021 represents one-third of the net amount that would have been indiscriminately cut by sequestration over fiscal years 2013 through 2021. (12) It is recognized that a reduction of $167 billion to discretionary appropriations within budget function 050 from fiscal year 2014 through fiscal year 2021 will affect the National Military Strategy. The Department of Defense is highly encouraged to revisit its current strategic guidance and to work closely with Congress in building a new National Military Strategy that accounts for available resource levels. (b) Purposes.--The purposes of this Act are to-- (1) eliminate the threat of sequestration to the American economy; (2) offer the Federal Government, industry, and the American people the predictability that economic recovery demands; (3) enable the Congress to pass appropriations legislation in regular order with a clear discretionary spending budget and grant the legislative and executive branches of government the flexibility needed to identify and implement specific discretionary spending reductions in a responsible and deliberate manner; and (4) provide a practicable, long-term discretionary spending plan that will contribute to a comprehensive, balanced, long- term, deficit reduction solution that includes affordable revisions to mandatory spending and new revenues. SEC. 3. REPEAL OF SECTION 251A SEQUESTRATIONS. Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. SEC. 4. $320 BILLION REDUCTION IN DISCRETIONARY SPENDING LIMITS. The discretionary spending limits set forth in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(3) for fiscal year 2014-- ``(A) for the security category, $546,000,000,000 in budget authority; and ``(B) for the nonsecurity category, $501,000,000,000 in budget authority; ``(4) with respect to fiscal year 2015-- ``(A) for the security category, $550,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $505,000,000,000 in new budget authority; ``(5) with respect to fiscal year 2016-- ``(A) for the security category, $559,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $513,000,000,000 in new budget authority; ``(6) with respect to fiscal year 2017-- ``(A) for the security category, $569,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $522,000,000,000 in new budget authority; ``(7) with respect to fiscal year 2018-- ``(A) for the security category, $579,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $531,000,000,000 in new budget authority; ``(8) with respect to fiscal year 2019-- ``(A) for the security category, $589,500,000,000 in new budget authority; and ``(B) for the nonsecurity category, $541,000,000,000 in new budget authority; ``(9) with respect to fiscal year 2020-- ``(A) for the security category, $602,500,000,000 in new budget authority; and ``(B) for the nonsecurity category, $553,000,000,000 in new budget authority; ``(10) with respect to fiscal year 2021-- ``(A) for the security category, $616,000,000,000 in new budget authority; and ``(B) for the nonsecurity category, $565,000,000,000 in new budget authority;''. SEC. 5. DEFINITION OF SECURITY CATEGORY. Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(B)(i) For fiscal years 2012 and 2013, the term `security category' means discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95-0401-0-1-054), and all budget accounts in budget function 150 (international affairs). ``(ii) For fiscal years 2014 through 2021, the term `security category' means discretionary appropriations in budget function 050 (national defense).''. SEC. 6. SUSPENSION OF STATUTORY LIMIT ON THE PUBLIC DEBT UNTIL FEBRUARY 1, 2017. Section 2 of the No Budget, No Pay Act of 2013 is amended-- (1) in subsection (a), by striking ``May 18, 2013'' and inserting ``January 31, 2017''; and (2) in subsection (b), by striking ``May 19, 2013'' each place it appears and inserting ``February 1, 2017''.

Sequestration Relief Act of 2013 - Amends the Balanced Budget and Emergency Deficit Controlled Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to repeal automatic sequestration to enforce a specified budget goal. Reduces the discretionary spending limits for security and nonsecurity categories by $320 billion for FY2014-FY2021. Confines the current meaning of "security category" under the Gramm-Rudman-Hollings Act to FY2012-FY2013. Revises the definition of "security category" for FY2014-FY2021 to mean discretionary appropriations in all of budget function 050 (national defense). Amends the No Budget, No Pay Act of 2013 to suspend through January 31, 2017, the current $16.394 trillion public debt limit. Postpones until February 1, 2017, an automatic increase in the public debt limit to the extent that: (1) the face amount of obligations issued and the face amount of obligations whose principal and interest are guaranteed by the federal government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on February 1, 2017, exceeds (2) the face amount of such obligations outstanding on the date of enactment of the No Budget, No Pay Act of 2013 (February 24, 2013). Prohibits an obligation from being taken into account unless its issuance was necessary to fund a commitment incurred by the federal government that required payment before February 1, 2017.

Sequestration Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Spent Nuclear Fuel Storage Act of 1994''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Nuclear Regulatory Commission; and (2) the term ``Secretary'' means the Secretary of the Department of Energy. SEC. 4. FINDINGS. The Congress finds that-- (1) by 1998, approximately forty-five thousand tons of spent nuclear fuel will be stored at commercial nuclear reactors across the Nation; (2) the deep geologic high level radioactive waste and spent nuclear fuel repository envisioned by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et. seq.) will not be constructed in time to permit the Secretary to receive and accept high level radioactive waste or spent nuclear fuel as contemplated by sections 123 and 302 of that Act (42 U.S.C. 10143, 10222), with the result that the Secretary will be unable to perform contracts executed pursuant to section 302(a) of that Act with persons who generate or hold title to high level radioactive waste or spent nuclear fuel; (3) there have been no orders for the development or construction of civilian nuclear power generating facilities since the enactment of the Nuclear Waste Policy Act of 1982; several such facilities that were anticipated when the Act was enacted are not operating now; (4) it does not now appear that a deep geologic high level radioactive waste and spent nuclear fuel repository will be available before the year 2010 or later; (5) by the time a deep geologic repository is available many currently operating commercial nuclear reactors will need spent fuel storage capacity beyond the maximum now available in at-reactor spent fuel storage pools; nuclear utilities have spent and will spend major sums to construct facilities, including dry cask spent fuel storage facilities, for use in the interim before a deep geologic repository is available; (6) the sums spent for the purposes described in paragraph (5) are the same funds that commercial nuclear utilities intended to contribute to the Nuclear Waste Fund established by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222 (c)); (7) the technology for long term storage of spent nuclear fuel, including the technology of dry cask storage, has improved dramatically since the enactment of the Nuclear Waste Policy Act of 1982; (8) the existing statutory jurisdiction of the Commission, under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et. seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et. seq.), Executive Order 11834 (42 U.S.C. 5801 note), the Nuclear Regulatory Commission Reorganization Plan Numbered 1 of 1980, and the Commission's various authorization Acts includes the jurisdiction to review and evaluate the spent fuel storage capability of commercial nuclear utilities that hold or seek licenses to receive and possess nuclear materials from the Commission; (9) commercial nuclear utilities that hold licenses to receive and possess nuclear materials are generally well suited to maintain the institutional capability necessary to become stewards of spent nuclear fuel during a period of interim storage; (10) the increased radioactive decay that will occur in spent nuclear fuel that has been stored for interim periods prior to delivery to the Secretary pursuant to section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) will ease and facilitate its subsequent handling, transportation, and final disposal; and (11) the median estimated cost to commercial nuclear facilities of acquiring or constructing at- reactor dry storage facilities, plus the long term operating cost, is approximately 0.56 mil per kilowatt-hour under average industry fuel burnup rates. SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982. Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended by inserting at the end thereof the following new subsection: ``(f)(1) After January 31, 1998, if the Secretary does not have a facility available to accept spent fuel from persons holding contracts under this section, those persons may, through credits on fee payments under subsection (a)(2), offset the expenses of providing storage of spent fuel generated after that date (including expenses reasonably incurred before that date in anticipation of the necessity of providing such storage) and until the date of the Secretary's first acceptance of that person's spent fuel at a storage or disposal facility authorized by this Act. ``(2) The credits described in paragraph (1)-- ``(A) shall be deducted from each remittance of a person's fee payments to the Nuclear Waste Fund from the time that the person meets the conditions of paragraph (1) until the time that the Secretary first accepts that person's spent fuel at a storage or disposal facility authorized by this Act; and ``(B) shall be in the amount of 0.56 mil per kilowatt-hour for electricity generated by the person's civilian nuclear power reactor and sold during the period the person is eligible for the credit, or in such other amount as may be certified to the Secretary by the regulatory authority which establishes the rates charged to customers for electricity generated by the person's civilian nuclear power reactor.''.

Independent Spent Nuclear Fuel Storage Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to provide that if the Secretary of Energy does not have a facility available to accept high level radioactive wastes or spent nuclear fuel from certain commercial nuclear facilities by a specified deadline, such facilities may offset the expenses of providing storage of spent fuel generated after that date through credits on certain fee payments until the date of the Secretary's first acceptance at an authorized storage or disposal facility.

Independent Spent Nuclear Fuel Storage Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Calling Card Consumer Protection Act''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``Commission'' means the Federal Trade Commission. (2) The term ``prepaid calling card'' has the meaning given the term ``prepaid calling card'' by section 64.5000(a) of the Federal Communications Commission's regulations (47 C.F.R. 64.5000(a)). Such term shall also include calling cards that use VoIP service or a successor protocol. Such term shall also include an electronic or other mechanism that allows users to pay in advance for a specified amount of calling. Such term shall not include-- (A) calling cards or other rights of use that are provided for free or at no additional cost as a promotional item accompanying a product or service purchased by a consumer; (B) any card, device, or other right of use, the purchase of which establishes a customer-carrier relationship with a provider of wireless telecommunications service or wireless hybrid service, or that provides access to a wireless telecommunications service or wireless hybrid service account wherein the purchaser has a pre-existing relationship with the wireless service provider; or (C) payphone service, as that term is defined in section 276(d) of the Communications Act of 1934 (47 U.S.C. 276(d)). (3) The term ``prepaid calling card provider'' has the meaning given the term ``prepaid calling card provider'' by section 64.5000(b) of the Federal Communications Commission's regulations (47 C.F.R. 64.5000(b)). Such term shall also include-- (A) a provider of a prepaid calling card that uses VoIP service or a successor protocol; and (B) a provider of a prepaid calling card that allows users to pay in advance for a specified amount of minutes through an electronic or other mechanism. (4) The term ``prepaid calling card distributor'' means any entity or person that purchases prepaid calling cards from a prepaid calling card provider or another prepaid calling card distributor and sells, re-sells, issues, or distributes such cards to one or more distributors of such cards or to one or more retail sellers of such cards. (5) The term ``wireless hybrid service'' is defined as a service that integrates both commercial mobile radio service (as defined by section 20.3 of the Federal Communications Commission's regulations (47 C.F.R. 20.3)) and VoIP service. (6) The term ``VoIP service'' has the meaning given the term ``interconnected Voice over Internet protocol service'' by section 9.3 of the Federal Communications Commission's regulations (47 C.F.R. 9.3). Such term shall include any voice calling service that utilizes a voice over Internet protocol or any successor protocol in the transmission of the call. (7) The term ``fees'' includes all charges, fees, taxes, or surcharges applicable to a prepaid calling card that are-- (A) required by Federal law or regulation or order of the Federal Communications Commission or by the laws and regulations of any State or political subdivision of a State; or (B) expressly permitted to be assessed under Federal law or regulation or order of the Federal Communications Commission or under the laws and regulations of any State or political subdivision of a State. (8) The term ``additional charge'' means any charge assessed by a prepaid calling card provider or prepaid calling card distributor for the use of a prepaid calling card, other than a fee or rate. (9) The term ``international preferred destination'' means one or more specific international destinations named on a prepaid calling card or on the packaging material accompanying a prepaid calling card. SEC. 3. REQUIRED DISCLOSURES OF PREPAID CALLING CARDS. (a) Required Disclosure.--Any prepaid calling card provider or prepaid calling card distributor shall disclose clearly and conspicuously the following information relating to the terms and conditions of the prepaid calling card: (1) The name of the prepaid calling card provider and such provider's customer service telephone number and hours of service. (2)(A) The number of domestic interstate minutes available from the prepaid calling card and the number of available minutes for all international preferred destinations served by the prepaid calling card at the time of purchase; or (B) the dollar value of the prepaid calling card, the domestic interstate rate per minute provided by such card, and the applicable per minute rates for all international preferred destinations served by the prepaid calling card at the time of purchase. (3)(A) The applicable per minute rate for all individual international destinations served by the card at the time of purchase; or (B) a toll-free customer service number and website (if the provider maintains a website) where a consumer may obtain the information described in subparagraph (A) and a statement that such information may be obtained through such toll-free customer service number and website. (4) The following terms and conditions pertaining to, or associated with, the use of the prepaid calling card: (A) Any applicable fees associated with the use of the prepaid calling card. (B) A description of any additional charges associated with the use of the prepaid calling card and the amount of such charges. (C) Any limitation on the use or period of time for which the promoted or advertised minutes or rates will be available. (D) Applicable policies relating to refund, recharge, and any predetermined decrease in value of such card over a period of time. (E) Any expiration date applicable to the prepaid calling card or the minutes available with such calling card. (b) Location of Disclosure and Language Requirement.-- (1) Clear and conspicuous.-- (A) Cards.--The disclosures required under subsection (a) shall be printed in plain English language (except as provided in paragraph (2)) in a clear and conspicuous manner and location on the prepaid calling card. If the card is enclosed in packaging that obscures the disclosures on the card, such disclosures also shall be printed on the outside packaging of the card. (B) Online services.--In addition to the requirements under subparagraph (A), in the case of a prepaid calling card that consumers purchase via the Internet, the disclosures required under subsection (a) shall be displayed in plain English language (except as provided in paragraph (2)) in a clear and conspicuous manner and location on the Internet website that the consumer must access prior to purchasing such card. (C) Advertising and other promotional material.-- Any advertising for a prepaid calling card that contains any representation, expressly or by implication, regarding the dollar value, the per minute rate, or the number of minutes provided by the card shall include in a clear and conspicuous manner and location all the disclosures described in subsection (a). (2) Foreign languages.--If a language other than English is prominently used on a prepaid calling card, its packaging, or in point-of-sale advertising, Internet advertising, or promotional material for such card, the disclosures required by this section shall be disclosed in that language on such card, packaging, advertisement, or promotional material. (c) Minutes Announced, Promoted, or Advertised Through Voice Prompts.--Any information provided to a consumer by any voice prompt given to the consumer at the time the consumer uses the prepaid calling card relating to the remaining value of the calling card or the number of minutes available from the calling card shall be accurate, taking into account the application of the fees and additional charges required to be disclosed under subsection (a). (d) Disclosures Required Upon Purchase of Additional Minutes.--If a prepaid calling card permits a consumer to add value to the card or purchase additional minutes after the original purchase of the prepaid calling card, any changes to the rates or additional charges required to be disclosed under subsection (a) shall apply only to the additional minutes to be purchased and shall be disclosed to the consumer before the completion of such purchase. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Authority of the Commission.--The Commission shall enforce this Act in the same manner and by the same means as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Notwithstanding any provision of the Federal Trade Commission Act or any other provision of law and solely for purposes of this Act, common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and any amendment thereto shall be subject to the jurisdiction of the Commission. (c) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Commission shall, in consultation with the Federal Communications Commission and in accordance with section 553 of title 5, United States Code, issue regulations to carry out this Act. In promulgating such regulations, the Commission shall-- (1) take into consideration the need for clear disclosures that provide for easy comprehension and comparison by consumers, taking into account the size of prepaid calling cards; and (2) give due consideration to the views of the Federal Communications Commission with regard to matters for which that Commission has particular expertise and authority and shall take into consideration the views of States. In promulgating such regulations, the Commission shall not issue regulations that otherwise affect the rates, terms, and conditions of prepaid calling cards. (d) Savings Provision.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. Except to the extent expressly provided in this Act, nothing in this Act shall be construed to alter or affect the exemption for common carriers provided by section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). Nothing in this Act is intended to limit the authority of the Federal Communications Commission. SEC. 5. STATE ENFORCEMENT. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State, a State utility commission, or other consumer protection agency has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this Act, the State utility commission or other consumer protection agency, if authorized by State law, or the State, as parens patriae, may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice to the commission.-- (A) In general.--Before filing an action under paragraph (1), the State shall provide to the Commission-- (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by a State under this subsection, if the attorney general or other appropriate officer determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the State shall provide notice and a copy of the complaint to the Commission at the same time as the State files the action. (b) Intervention by Commission.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; (B) to remove the action to the appropriate United States District Court; and (C) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent an attorney general of a State, a State utility commission, or other consumer protection agency authorized by State law from exercising the powers conferred on the attorney general or other appropriate official by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; (3) compel the attendance of witnesses or the production of documentary and other evidence; or (4) enforce any State law. (d) Action by the Commission May Preclude State Action.--In any case in which an action is instituted by or on behalf of the Commission for violation of this Act, or any regulation issued under this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of this Act or regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. (f) Limitation.--No prepaid calling card distributor who is a retail merchant or seller of prepaid calling cards, who, with respect to such cards, is exclusively engaged in point-of-sale transactions may be liable for damages in an action authorized under this section unless such distributor acted with actual knowledge that the act or practice giving rise to such action is unfair or deceptive and is unlawful under this Act. SEC. 6. APPLICATION. This Act shall apply to-- (1) any prepaid calling card issued or placed into the stream of commerce beginning 90 days after the date on which final regulations are promulgated pursuant to section 4(c); and (2) any advertising, promotion, point-of-sale material or voice prompt regarding a prepaid calling card that is disseminated beginning 90 days after the date on which final regulations are promulgated pursuant to section 4(c). If the Commission determines that it is not feasible for prepaid calling card providers or distributors to comply with the requirements of this Act with respect to prepaid calling cards issued or placed into the stream of commerce after such 90-day period, the Commission may extend such period by not more than an additional 90 days. SEC. 7. EFFECT ON STATE LAWS. After the date on which final regulations are promulgated pursuant to section 4(c), no State or political subdivision of a State may establish or continue in effect any provision of law that prescribes disclosure requirements with respect to prepaid calling cards unless such requirements are identical to the requirements of section 3. SEC. 8. G.A.O. STUDY. Beginning 2 years after the date on which final regulations are promulgated pursuant to section 4(c), the Comptroller General shall conduct a study of the effectiveness of this Act and the disclosures required under this Act and shall submit a report of such study to Congress not later than 3 years after the date of enactment of this Act. Passed the House of Representatives September 25, 2008. Attest: LORRAINE C. MILLER, Clerk.

Calling Card Consumer Protection Act - (Sec. 3) Requires providers or distributors of prepaid calling cards, including cards that use interconnected Voice over Internet Protocol (VoIP) or a successor protocol, to clearly and conspicuously disclose information about: (1) the provider's name, customer service number, and hours of service; (2) the card's number of minutes or dollar value; (3) per minute rates or a toll-free number to obtain rates; (4) fees and charges; (5) time period limits, any predetermined decrease in value over a period of time, and expiration dates; and (6) refund and recharge policies. (Sec. 4) Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act. Gives the FTC, for this Act, jurisdiction over common carriers subject to the Communications Act of 1934, notwithstanding any other provision of law. (Sec. 5) Allows civil enforcement actions to be brought, except when an FTC action is pending, by a state attorney general, a state utilities commission, or a consumer protection agency for an injunction, to enforce this Act, to obtain damages, restitution, or other compensation on behalf of state residents, or for other relief. Allows actions under state laws. Shields a distributor who is a retail seller of prepaid cards and who, with respect to such cards, is exclusively engaged in point-of-sale transactions from liability for damages unless the distributor acted with actual knowledge that the act or practice giving rise to the action is unfair or deceptive and is unlawful under this Act. (Sec. 7) Prohibits a state, after final regulations are promulgated under this Act, from establishing or continuing in effect any provision of law that prescribes prepaid card disclosure requirements unless those requirements are identical to those in this Act. (Sec. 8) Requires the Comptroller General to report to Congress on the effectiveness of this Act and its required disclosures.

To require accurate and reasonable disclosure of the terms and conditions of prepaid telephone calling cards and services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Claims Licensing Advancement for Interstate Matters Act'' or the ``CLAIM Act''. SEC. 2. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LICENSING REFORMS. (a) In General.--Section 4 shall take effect upon the expiration of the 4-year period beginning on the date of the enactment of this Act unless, before the expiration of such period, those States that license independent claims adjusters have enacted-- (1) uniform laws and regulations governing the licensure of individuals and entities authorized to adjust insurance claims within the State; and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities authorized to adjust insurance claims within those States. (b) Uniformity Required.--States shall be deemed to have established the uniformity necessary to comply with subsection (a)(1) if the States-- (1) establish uniform criteria regarding the integrity, personal qualifications, education, training, and experience of licensed independent claims adjusters for-- (A) property and casualty insurance; (B) workers compensation insurance; and (C) such other lines as a State may choose to regulate. (2) establish uniform continuing education requirements for licensed independent claims adjusters for each line of insurance under paragraph (1) that a State chooses to regulate; (3) establish uniform ethics course requirements for licensed independent claims adjusters in conjunction with the continuing education requirements under paragraph (2); (4) do not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster's activities because of its residence or place of operations; and (5) utilize a uniform license application. (c) Reciprocity Required.--States shall be deemed to have established the reciprocity required to comply with subsection (a)(2) if the following conditions are met: (1) Administrative licensing procedures.--Each State that licenses independent claims adjusters permits an independent claims adjuster that has a license for adjusting insurance claims in their home State to receive a license to adjust insurance claims in those other States as a nonresident to the same extent that such independent claims adjuster is permitted to adjust insurance claims in their home State without satisfying any additional requirements other than submitting-- (A) a request for licensure utilizing the uniform license application; (B) a copy of, or evidence of, a valid license held by the adjuster in their home State (unless such information is available in the National Insurance Producer Registry Producer Database); and (C) the payment of any requisite fee to the appropriate authority. (2) Continuing education requirements.--Each State that licenses an independent claims adjuster accepts an insurance claims adjuster's satisfaction of their home State's continuing education requirements for licensed insurance claims adjusters to satisfy the State's own continuing education requirements. (3) No limiting nonresident requirements.--A State does not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster's activities because of its residence or place of operations. (4) Reciprocal reciprocity.--Each of the States that satisfies paragraphs (1), (2), and (3) grants reciprocity to residents of all of the other States that satisfy such paragraphs. (d) Determination.-- (1) Determination.--A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the National Association of Registered Agents and Brokers determines that, before the expiration of the 4-year period beginning on the date of the enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review.--With respect to any State that the National Association of Registered Agents and Brokers has determined to be in compliance with the requirements of subsection (a), the National Association of Registered Agents and Brokers shall continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the National Association of Registered Agents and Brokers determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 4 shall apply with respect to such State. (3) Judicial review.--The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. SEC. 3. STATE AUTHORITIES. Nothing in this Act shall be construed to-- (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 2, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such State fee is uniform regardless of the State of residence of the licensee in that State; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 2, after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster may apply to the National Association of Registered Agents and Brokers for Membership for the purpose of licensure in each such State not in compliance with section 2, provided that such independent claims adjuster pays the requisite fees, including licensing fees. For purposes of this provision, upon such date an independent claims adjuster shall be determined to be a person that negotiates policies of insurance and offers advice, counsel, opinions or services related to insurance, as such terms are used in section 334(5) of Public Law 106-102, as amended by section 202(a) of Public Law 114-1 (15 U.S.C. 6764(5); 129 Stat. 27). SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home state.-- (A) Actual.--The term ``home State'' means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed upon having passed an exam as an independent claims adjuster. (B) Designated.--If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license or require an examination as a condition for such licensure for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed upon having passed an exam and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster.--The term ``independent claims adjuster'' means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, liability, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third party on behalf of a self-insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, liability, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Public adjuster.--The term ``public adjuster'' means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (4) 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, and any other territory or possession of the United States. (5) State law.--The term ``State law'' includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

Claims Licensing Advancement for Interstate Matters Act or the CLAIM Act This bill authorizes an independent insurance claims adjuster to apply to the National Association of Registered Agents and Brokers for membership for the purpose of licensure in any state that requires a license for such adjusters and that does not have in effect, four years after this bill's enactment: (1) uniform laws and regulations governing the licensure of individuals and entities within the state, and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities.

Claims Licensing Advancement for Interstate Matters Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SBDC Colonias Outreach Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Colonias are found in Texas, New Mexico, Arizona and California and are composed of families with very low incomes and usually lack basic services such as clean and abundant water, roads, sewer systems, schools, and law enforcement. (2) Across the Southwest there are approximately 3,000 Colonias with nearly three quarters of a million people living in these communities. (3) Improving the living situation within Colonias is not limited to fixing basic infrastructure but must also include spurring economic growth. (4) Studies have found that the unemployment rate in Colonias was upwards of 60 percent. (5) The average yearly salary of people living in these communities is less than $10,000, well below the Nation's poverty line. (6) Many Colonias residents cannot find year-round work due to the seasonal nature of their primary occupations--fieldwork represents 29.5 percent of their jobs, construction work 24.4 percent, and factory work, 14.9 percent. (7) The Small Business Development Center program has been proven to be a cost effective solution to providing the resources and technical assistance needed to grow existing businesses and to start new enterprises. (8) Business counseling and technical assistance is critical in Colonias where similar services are in short supply and are costly. (b) Purposes.--The purposes of this Act are the following: (1) To stimulate economic development in Colonias. (2) To assist in the creation of new small businesses located in Colonias and expand existing ones. (3) To provide management, technical, and research assistance to entrepreneurs located in Colonias. (4) To ensure that residents of Colonias have full access to existing business counseling and technical assistance available through the Small Business Development Center program. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO COLONIAS. Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist individuals residing in colonias.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement of small business startups and expansions within Colonias. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State along the United States-Mexico border that has individuals residing in Colonias. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to individuals residing in Colonias; ``(ii) the location of the Small Business Development Center site proposed by the applicant; and ``(iii) the required amount of grant funding needed by the applicant to implement the program. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for one fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Definitions.--In this paragraph: ``(i) The term `Colonias' means a community that-- ``(I) is located within 150 miles of the United States-Mexico border; ``(II) is a city or town with a population of less than 10,000, according to the latest United States Census, or is unincorporated; ``(III) has a majority population composed of individuals and families of low and very low income; and ``(IV) generally lacks a basic physical infrastructure. ``(ii) The term `basic physical infrastructure' means safe, sanitary, and sound housing, as well as basic services such as potable water, adequate sewage systems, drainage, paved streets and utilities. ``(H) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2008 through 2010. ``(I) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''.

SBDC Colonias Outreach Act of 2007 - Amends the Small Business Act to authorize an applicant funded by the Small Business Administration (SBA) as a small business development center (SBDC) and that is in a state along the United States-Mexico border that has individuals residing in colonias (areas comprised of low- or very low-income families and usually lacking basic services such as clean water, roads, sewage, schools, and law enforcement) to apply for grants to provide services to assist with outreach, development, and enhancement of small business startups and expansions within colonias.

To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Colonias.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Outcomes, Planning, and Education (HOPE) for Alzheimer's Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As many as half of the estimated 5,100,000 American seniors with Alzheimer's disease and other dementias have never received a diagnosis. (2) An early and documented diagnosis and access to care planning services leads to better outcomes for individuals with Alzheimer's disease and other dementias and their caregivers. (3) Building upon the existing Medicare benefit of a diagnostic evaluation to add comprehensive care planning services would help ensure that beneficiaries and their families receive critical information about the disease and available care options, which leads to better outcomes. (4) An accurate, timely, and documented diagnosis allows for better management of other known chronic conditions and more efficient utilization of medical resources, including reducing complications and the number of costly emergency room visits and hospitalizations. (5) A formal and documented diagnosis and care planning services allow individuals and their caregivers to have access to available medical and non-medical treatments, build a care team, participate in support services, and enroll in clinical trials. (b) Purpose.--The purpose of this Act is to provide better care and outcomes for Medicare beneficiaries living with Alzheimer's disease and related dementias by building upon existing Medicare coverage of a diagnostic evaluation for Alzheimer's disease and related dementias to add coverage of initial comprehensive care planning services for Medicare beneficiaries who are first diagnosed with Alzheimer's disease or related dementias on or after the date of the enactment of this Act and whose medical records contain the documented diagnosis of the disease. SEC. 3. MEDICARE COVERAGE OF COMPREHENSIVE ALZHEIMER'S DISEASE CARE PLANNING SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) comprehensive Alzheimer's disease care planning services (as defined in subsection (iii));''; and (2) by adding at the end the following new subsection: ``Comprehensive Alzheimer's Disease Care Planning Services ``(iii)(1)(A) Subject to subparagraph (B), the term `comprehensive Alzheimer's disease care planning services' means the services described in paragraph (2) furnished by a physician or non-physician practitioner to any or all of the following: ``(i) An eligible individual. ``(ii) The personal representative of such eligible individual, with or without the presence of the eligible individual. ``(iii) One or more family caregivers of such eligible individual, with or without the presence of the eligible individual. ``(B) The Secretary shall establish guidelines for the furnishing of Comprehensive Alzheimer's disease care planning services to individuals described in clauses (i), (ii), and (iii) of subparagraph (A). ``(2)(A) Subject to the succeeding provisions of this paragraph, the services described in this paragraph are the development and furnishing of an initial comprehensive care plan to an eligible individual that provides such information and services as the Secretary may specify (in consultation with stakeholders as provided in paragraph (5)), which-- ``(i) includes-- ``(I) assistance understanding the diagnosis; ``(II) assistance understanding medical and non- medical options for ongoing treatment, services, and supports; and ``(III) information about how to obtain the treatments, services, and supports described in subclause (II); and ``(ii) takes into account the eligible individual's other co-morbid chronic conditions. ``(B) The services described in this paragraph shall also include comprehensive medical record documentation, with respect to the eligible individual of the care planning services under subparagraph (A), by the physician or non-physician practitioner furnishing the services. ``(3) Subject to paragraph (5), the Secretary shall periodically update requirements under this subsection to reflect advances in science and technology. ``(4)(A) Comprehensive Alzheimer's disease care planning services may only be furnished once with respect to each eligible individual. ``(B) Nothing in this subsection shall be construed as prohibiting an update of any initial comprehensive care plan furnished under this subsection to an eligible individual under physicians' services that are covered under other provisions of this title, such as care planning under personalized prevention plan services (as defined in subsection (hhh)(1)). ``(5) The Secretary shall consult with stakeholders, such as physicians, non-physician practitioners, and organizations that represent individuals (including individuals under this title) with Alzheimer's disease, with respect to each of the following: ``(A) The scope of, and requirements for, services described in paragraph (2). ``(B) The periodic updates of requirements under paragraph (3). ``(6) In this subsection: ``(A) The term `Alzheimer's disease' means Alzheimer's disease and related dementias. ``(B) The term `eligible individual' means an individual who-- ``(i) has a documented diagnosis of Alzheimer's disease in the medical record; and ``(ii) was first diagnosed as having Alzheimer's disease on or after the date of the enactment of this subsection. ``(C) The term `non-physician practitioner' means a practitioner described in clause (i), (iv), or (v) of section 1842(b)(18)(C). ``(D) The term `personal representative' means, with respect to an individual, a person legally authorized to make health care decisions on such individual's behalf. ``(E) The term `physician' has the meaning given that term in subsection (r)(1).''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to comprehensive Alzheimer's disease care planning services (as defined in section 1861(iii)(2)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(GG),'' after ``(2)(FF) (including administration of the health risk assessment),''. (3) Frequency limitation.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (A) in subparagraph (O), by striking ``and'' at the end; (B) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(Q) in the case of comprehensive Alzheimer's disease care planning services (as defined in section 1861(iii)(1)), which are performed more frequently than is covered under such section;''. (c) Provider Outreach and Reporting on Care Planning Services.-- (1) Outreach.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program with respect to the amendments made by subsections (a) and (b). Such outreach shall include a comprehensive, one-time education initiative to inform such physicians and practitioners of the addition of comprehensive Alzheimer's disease care planning services as a covered benefit under the Medicare program, including materials on appropriate diagnostic evaluations and explanations of the requirements for eligibility for such services. (2) Reports to congress.-- (A) Provider outreach.--Not later than one year after the effective date of the amendments made by subsections (a) and (b) (as described in subsection (d)), the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the outreach conducted under paragraph (1). Such report shall include a description of the methods used for such outreach. (B) Utilization rates.--Not later than 18 months after the effective date of the amendments made by subsections (a) and (b) (as described in subsection (d)) and annually thereafter for the succeeding five years, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the number of Medicare beneficiaries who, during the preceding year, were furnished comprehensive Alzheimer's disease care planning services for which payment was made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). Each such report shall include information on any barriers Medicare beneficiaries face to access such services and the Secretary's recommendations to eliminate any such barriers. (C) Copy of each report.--On the same day that a report is submitted under subparagraph (A) or (B) of paragraph (2), the Secretary shall transmit a copy of such report to the Advisory Council on Alzheimer's Research, Care, and Services established under section 2(e) of the National Alzheimer's Project Act (42 U.S.C. 11225(e); Public Law 111-375). (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to services furnished on or after January 1 of the year beginning after the date of the enactment of this Act.

Health Outcomes, Planning, and Education (HOPE) for Alzheimer's Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to cover comprehensive Alzheimer's disease care planning services.

Health Outcomes, Planning, and Education (HOPE) for Alzheimer's Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunlight Act of 2012''. SEC. 2. DOLLAR AMOUNTS REQUIRED FOR ANNUAL FINANCIAL DISCLOSURE STATEMENTS. (a) Financial Disclosures.--Section 102(d) of the Ethics in Government Act of 1978 is amended by adding at the end the following new paragraph: ``(3) Notwithstanding any other provision of this Act, in the case of reports of Members of Congress and officers and employees of Congress filed pursuant to sections 101(d) and (e), references to the categories for reporting the amount or value of the items covered in paragraphs (3), (4), (5), and (8) of subsection (a) shall be deemed to be exact dollar amounts.''. (b) Availability of Reports on the Internet.--Section 103 of the Ethics in Government Act of 1978 is amended by adding at the end the following new subsection: ``(l) A copy of each report filed under this title with the Clerk of the House of Representatives or the Secretary of the Senate shall be made available as soon as practicable to the general public on the Internet in a format that is searchable and sortable.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to reports filed for calendar years beginning after the date of enactment of this Act. SEC. 3. PUBLIC DISPLAY OF THE SUBJECT MATTER OF DEBATES. Clause 2 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(l) During general debate on any measure, the Clerk shall project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery.''. SEC. 4. AVAILABILITY OF BILLS, CONFERENCE REPORTS, AND AMENDMENTS ON THE INTERNET BEFORE VOTING. Clause 11 of rule XXI of the Rules of the House of Representatives is amended to read as follows: ``11. It shall not be in order to consider any bill or joint resolution, or conference report thereon, or amendment thereto, unless-- ``(1) in the case of a bill, joint resolution, or conference report, such measure is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or ``(2)(A) in the case of an amendment made in order by a rule, it is made available to Members and the general public on the Internet within one hour after the rule is filed; or ``(B) in the case of an amendment under an open rule, it is made available to Members and the general public on the Internet immediately after being offered; in a format that is searchable and sortable.''. SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing for All Reports.-- (1) In general.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended-- (A) in subparagraph (A), by striking ``a person required to file--'' and all that follows and inserting the following: ``each person required to file a report under this Act shall be required to maintain and file such report in electronic form accessible by computers.''; (B) in subparagraph (C), by striking ``designations, statements, and reports'' and inserting ``documents''; and (C) in subparagraph (D), by striking ``means, with respect to'' and all that follows and inserting the following: ``means any report, designation, statement, or notification required by this Act to be filed with the Commission or the Secretary of the Senate.''. (2) Placement of all reports on internet.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended-- (A) by striking ``a designation, statement, report, or notification'' and inserting ``each report''; and (B) by striking ``the designation, statement, report, or notification'' and inserting ``the report''. (3) Searchable and sortable manner of information.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended by inserting ``in a format that is searchable and sortable'' after ``Internet''. (4) Software for filing of all reports.--Section 304(a)(12) of such Act (2 U.S.C. 434a(a)(12)) is amended-- (A) in subparagraph (A)(ii), by striking ``each person required to file a designation, statement, or report in electronic form'' and inserting ``each person required to file a report (as defined in paragraph (11)(D))''; and (B) in subparagraph (B), by striking ``any designation, statement, or report'' and inserting ``any report (as defined in paragraph (11)(D))''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 30 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended to read as follows: ``(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 30th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports for periods beginning on or after January 1, 2013.

Sunlight Act of 2012 - Amends the Ethics in Government Act of 1978 to require annual financial disclosure statements of Members of Congress and congressional officers and employees to include the exact dollar amount. Requires such reports filed with the Clerk of the House or the Secretary of the Senate (as well as travel-related information) to be made available to the general public on the Internet. Amends Rule II (Other Officers and Officials) of the Rules of the House of Representatives to require, during general debate on any measure, the Clerk to project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery. Amends Rule XXI (Restrictions on Certain Bills) to make it out of order to consider: (1) any bill, joint resolution, or conference report unless it is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or (2) any amendment unless it is made available on the Internet within one hour after it is filed (if made in order by a rule) or immediately (if offered under an open rule). Amends the Federal Election Campaign Act of 1971 to require all mandatory reports to be filed in an electronic form accessible by computers. Revises requirements for mandatory reports on contributions made to any political committee shortly before an election. Extends from 20 days before to 30 days before the election the beginning of the look-back period for such contributions, and from 48 hours before the election to the closing of the polls the end of the look-back period. Applies the requirements to any contribution (currently, only those of $1,000 or more). Requires such reports to be made within 24 hours after receipt or, if earlier, by midnight of the day on which the contribution is deposited (currently, within 48 hours after receipt).

To amend the Ethics in Government Act of 1978 and the Rules of the House of Representatives to strengthen financial disclosures by Members, officers, and employees of Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Act of 2015''. SEC. 2. OPEN FUEL REQUIREMENT FOR MOTOR VEHICLES. Chapter 329 of title 49, United States Code, is amended by inserting after section 32905 the following new section: ``Sec. 32905A. Open fuel requirement for motor vehicles. ``(a) Requirements.--Except as provided in subsection (c), each manufacturer's fleet of covered vehicles for a particular model year shall be comprised of-- ``(1) not less than 30 percent qualified vehicles beginning in model year 2018; and ``(2) not less than 50 percent qualified vehicles beginning in model year 2019 and each subsequent year. ``(b) Additional Definitions.--As used in this section-- ``(1) the term `covered vehicle' means a passenger automobile, and includes a light-duty motor vehicle; ``(2) the term `qualified vehicle' means covered vehicle that-- ``(A) has been warranted by its manufacturer to operate on natural gas, hydrogen, or biodiesel; ``(B) is a flexible fuel vehicle; ``(C) is a plug-in electric drive vehicle; ``(D) is propelled solely by a fuel cell that produces power without the use of petroleum or a petroleum-based fuel; or ``(E) is propelled solely by something other than an internal combustion engine, and produces power without the use of petroleum or a petroleum-based fuel; ``(3) the term `flexible fuel vehicle' means a vehicle that has been warranted by its manufacturer to operate on gasoline, E85, and M85; ``(4) the term `E85' means a fuel mixture containing up to 85 percent ethanol and meets the standards of ASTM D5798; ``(5) the term `M85' means a fuel mixture containing up to 85 percent methanol and meets the standards of ASTM D5797; ``(6) the term `biodiesel' means diesel fuel which has been produced from a non-petroleum feedstock and which meets the standards of ASTM D6751-03; ``(7) the term `plug-in electric drive vehicle' has the meaning given such term in section 508(a)(5) of the Energy Policy Act of 1992 (42 U.S.C. 13258(a)(5)); and ``(8) the term `light-duty motor vehicle' means a light- duty truck or light-duty vehicle as such terms are defined in section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)) of less than or equal to 8,500 pounds gross vehicle weight rating. ``(c) Temporary Exemption From Requirements.-- ``(1) Application.--A manufacturer may request an exemption from the requirement described in subsection (a) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(2) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light-duty motor vehicle from the requirement described in subsection (a) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of qualified automobiles, including-- ``(A) a disruption in the supply of any component required for compliance with the regulations; or ``(B) a disruption in the use and installation by the manufacturer of such component. ``(3) Consolidation.--The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature. ``(4) Conditions.--Any exemption granted under paragraph (2) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(5) Notice.--The Secretary shall publish in the Federal Register-- ``(A) notice of each application received from a manufacturer; ``(B) notice of each decision to grant or deny a temporary exemption; and ``(C) the reasons for granting or denying such exemptions. ``(d) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations as necessary to carry out this section.''.

Open Fuel Act of 2015 This bill requires each fleet of a manufacturer of passenger automobiles (including light-duty motor vehicles) to comprise at least: 30% qualified vehicles in model year 2018, and 50% qualified vehicles in model year 2019 and each subsequent year. A "qualified vehicle" is: a vehicle that operates on natural gas, hydrogen, or biodiesel; a flexible fuel vehicle capable of operating on gasoline, E85, and M85; a plug-in electric drive vehicle; or a vehicle propelled solely by fuel cell or by something other than an internal combustion engine. The bill authorizes a manufacturer to request an exemption from such requirement from the Department of Transportation.

Open Fuel Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage Grouse Protection and Conservation Act''. SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES. (a) Definitions.--In this section: (1) Covered western state.--The term ``covered western State'' means each of the States of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) National forest system land.--The term ``National Forest System land'' means the Federal land within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) Sage grouse species.--The term ``sage grouse species'' means the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus). (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (6) Statewide plan.--The term ``statewide plan'' means a statewide conservation and management plan for the protection and recovery of sage grouse species within a covered western State. (b) Secretarial Participation in State Planning Process.-- (1) In general.--Not later than 30 days after receipt of notice from a covered western State that the State is initiating or has initiated development of a statewide conservation and management plan for the protection and recovery of the sage grouse species within the State, the Secretary shall provide to the Governor of that covered western State-- (A) a commitment of the willingness of the Secretary to participate in the development; (B) a list of designees from the Department of the Interior or Department of Agriculture, as applicable, who shall represent the Secretary as a participant in the development; and (C) a list of other Federal departments that could be invited by the covered western State to participate. (2) Access to information.--Not later than 60 days after receipt of a notice described in paragraph (1) from the covered western State, the Secretary shall provide to the State all relevant scientific data, research, or information regarding sage grouse species and habitat within the State to appropriate State personnel to assist the State in the development. (3) Availability of department personnel.--The Secretary shall make personnel from Department of the Interior agencies or Department of Agriculture agencies, respectively, available, on at least a monthly basis, to meet with officials of the State to develop or implement a statewide plan. (c) Contents of Notice.--A notice under subsection (b) shall-- (1) be submitted by a Governor of any covered western State; and (2) include-- (A) an invitation for the Secretary to participate in development of the statewide plan; and (B) a commitment that, not later than 2 years after the submission of a notice under this section, the State shall present to the Secretary for review a 10- year (or longer) sage grouse species conservation and management plan for the entire State. (d) Review of State Plan.--If the Secretary receives a statewide plan from a covered western State not later than 2 years after receiving a notice under subsection (b) from the State, the Secretary shall-- (1) review the statewide plan using the best available science and data to determine if the statewide plan is likely-- (A) to conserve the sage grouse species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are no longer necessary in the State; and (B) to conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments regarding, the statewide plan not later than 120 days after the date of submission. (e) Actions After Statewide Plan Is Submitted.-- (1) Hold on certain actions.--Not later than 30 days after receipt of a statewide plan from a covered western State, the Secretary shall-- (A) take necessary steps to place on hold-- (i) for a period of not less than 10 years, all actions with respect to listing any sage grouse species in that State under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) enforcement of any current listing of sage grouse species within that State under that Act; and (iii) designation of any critical habitat for any sage grouse species within that State under that Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal land within that State and take immediate steps to amend all Federal land use plans to comply with the statewide plan with respect to that State, if-- (i) the State presents to the Secretary the conservation and management plan of the State not later than 2 years after the State submits notice to the Secretary under subsection (b); and (ii) the State is implementing the plan. (2) Actions pursuant to nepa.--Any proposed action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that occurs within a covered western State may not be denied or restricted solely on the basis of a sage grouse species if the action is consistent with a statewide plan that has been submitted by the State to the Secretary. (f) Existing State Plans.--The Secretary shall-- (1) except as provided in paragraph (2), give effect to a statewide plan that is submitted by a covered western State and approved or endorsed by the United States Fish and Wildlife Service before the date of the enactment of this Act, in accordance with the terms of approval or endorsement of the plan by the United States Fish and Wildlife Service; and (2) for purposes of subsections (b)(3) and (e), treat a statewide plan described in paragraph (1) as a plan referred to in those subsections.

Sage Grouse Protection and Conservation Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to give effect to a statewide conservation and management plan for the protection and recovery of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) from either California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. Requires the appropriate Secretary to: hold for at least 10 years actions to list the species as endangered or threatened, the enforcement of the listing, and the designation of critical habitat for the species in that state; withdraw any land use planning activities related to federal management of the species on National Forest System lands and Bureau of Land Management (BLM) land within the state; and amend federal land use plans with respect to that state to comply with a state plan. Applies these requirements to states that submit a plan or have a plan previously endorsed by the U.S. Fish and Wildlife Service. Requires the appropriate Secretary to: (1) review statewide plans to determine if they are likely to conserve the species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer necessary; (2) approve or endorse, or make comments on, statewide plans; and (3) provide states with information and make personnel available to help with plans. Prohibits any proposed action pursuant to the National Environmental Policy Act (NEPA) that occurs within one of those states from being denied or restricted solely on the basis of such sage-grouse if the action is consistent with a state plan that has been submitted to the appropriate Secretary.

Sage Grouse Protection and Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Standard Improvement Act''. SEC. 2. AMENDMENT. Section 211(o) of the Clean Air Act is amended as follows: (1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the matter following paragraph (2)(B)(ii)(VI), paragraphs (2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii), (7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II), (9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking ``Administrator'' and inserting ``Secretary of Agriculture, the Secretary of Energy, and the Administrator''. (2) In paragraph (1)(C)-- (A) by striking ``Administrator'' and inserting ``Secretary of Energy''; and (B) by striking ``in 2005.'' and inserting ``2008. At 3 year intervals after 2008, the baseline shall be updated by using a date 3 years after the prior baseline date.''. (3) In paragraph (1) by amending subparagraph (D) as follows: (A) By striking ``and that has'' and inserting a period and the following: ``In the case of renewable fuel produced from facilities that commenced construction after December 19, 2007, such term only includes such biodiesel if it has''. (B) By striking out ``the preceding sentence'' and insert ``the preceding provisions of this subparagraph''. (4) In subparagraph (D) and (E) of paragraph (1), by striking ``Administrator'' and inserting ``Secretary of Agriculture and the Secretary of Energy''. (5) In paragraph (1)(G), by striking the last sentence. (6) By amending paragraph (1)(H) to read as follows: ``(H) Lifecycle greenhouse gas emissions.-- ``(i) In general.--The term `lifecycle greenhouse gas emissions' means the aggregate quantity of direct greenhouse gas emissions relating to the full fuel lifecycle, as determined by the Secretary of Agriculture and the Secretary of Energy based on-- ``(I) measurements taken using the most recent observable data; and ``(II) consideration of regional differences of renewable fuel production. ``(ii) Inclusions.--The term `lifecycle greenhouse gas emissions' includes greenhouse gas emissions from all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for the relative global warming potential of the greenhouse gases. ``(iii) Peer review and model.--The Secretary of Agriculture and the Secretary of Energy shall carry out a peer review of any model used in measuring lifecycle greenhouse gas emissions and make the results of the peer review and model publicly available before any public comment period provided in connection with the determination made under this subparagraph.''. (7) Amend paragraph (1)(I) to read as follows: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (8) In paragraph (2)(B)(ii), by striking ``Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture,'' and inserting ``Secretary of Agriculture, the Secretary of Energy, and the Administrator,''. (9) In paragraph (4)(E), by striking ``may not adjust'' and inserting ``may adjust'' and by striking ``unless he determines'' and inserting ``if they determine''. (10) In paragraph (4)(G), by striking ``effective date of such adjustment, revision, or change'' and inserting ``date of enactment of the Energy Independence and Security Act of 2007''. (11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii), and (7)(E)(iii), by striking ``Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture'' and inserting ``Secretary of Agriculture, the Secretary of Energy, and the Administrator''. (12) In clauses (i) and (ii) by striking out ``a determination by the Administrator'' and inserting ``their determination''. (13) In paragraph (7)(A), by striking ``Administrator on his own'' and inserting ``Secretary of Agriculture, the Secretary of Energy, and the Administrator on their own''. (14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by striking ``the Secretary of Energy shall conduct for the Administrator'' and inserting ``the Secretary of Agriculture and the Secretary of Energy shall conduct''. (15) In paragraph (8)(C), by striking ``the Secretary of Energy shall make specific recommendations to the Administrator'' and inserting ``the Secretary of Agriculture and the Secretary of Energy shall make specific recommendations''. (16) In paragraph (8)(D)(i), by striking ``by the Secretary of Energy''. (17) In paragraph (9)(B)(ii), by striking ``Administrator, in consultation with the Secretary of Energy,'' and inserting ``the Secretary of Agriculture, the Secretary of Energy, and the Administrator''. (18) In paragraph (10)(B), by striking ``Administrator'' and inserting ``President''.

Renewable Fuel Standard Improvement Act - Amends the Clean Air Act to: (1) include the Secretaries of Agriculture and Energy in renewable fuel program activities under such Act; (2) revise the definition of "lifecycle greenhouse gas emissions" to base the measurement of such emissions on recent observable data and consideration of regional differences of renewable fuel production, rather than on indirect land use changes; and (3) expand the definition of "renewable biomass."

To amend section 211(o) of the Clean Air Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service-Disabled Veterans' Small Business Federal Procurement Preference Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) Provide veterans, who sacrificed a portion of their potential life earnings in order to serve the United States, a more effective opportunity to compete in the marketplace by establishing a Government-wide procurement goal for small business concerns owned and controlled by veterans. (2) Establish a presumption that service-disabled veterans and other handicapped individuals are socially disadvantaged for purposes of the Disadvantaged Business Program administered by the Small Business Administration under section 8(a) of the Small Business Act. (3) Simplify and coordinate the Government-wide and agency procurement goals for small business concerns. SEC. 3. PRESUMPTION THAT HANDICAPPED INDIVIDUALS ARE SOCIALLY DISADVANTAGED FOR PURPOSES OF THE BUSINESS DEVELOPMENT PROGRAM. (a) In General.--Section 8(a)(5) of the Small Business Act (15 U.S.C. 637(a)(5)) is amended by adding at the end the following: ``For purposes of this Act, handicapped individuals shall be treated as socially disadvantaged individuals unless the Administrator determines on the basis of credible evidence that such individual is not socially disadvantaged.''. (b) Conforming Amendment.--Section 2(f)(1)(C) of the Small Business Act (15 U.S.C. 631(f)(1)(C)) is amended by striking ``and other minorities'' and inserting ``other minorities, and handicapped individuals''. SEC. 4. INCLUSION OF VETERANS AND HANDICAPPED INDIVIDUALS IN GOVERNMENT-WIDE PROCUREMENT GOALS FOR SMALL BUSINESS CONCERNS, REQUIREMENT THAT AGENCY GOALS NOT BE LESS THAN GOVERNMENT-WIDE GOALS, ETC. Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended to read as follows: ``(g) Government-Wide and Agency Small Business Procurement Goals.-- ``(1) Establishment by president of government-wide goals.--The President shall annually establish Government-wide goals for procurement contracts awarded to small business concerns and each of the specified subcategories of small business concerns. ``(2) Small business concerns.--The Government-wide goal for participation by small business concerns shall be established at not less than 28 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(3) Small business concerns owned and controlled by veterans.-- ``(A) In general.--The Government-wide goal for participation by small business concerns owned and controlled by veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(B) Service-disabled veterans.--Prime contract and subcontract awards to small business concerns owned and controlled by service-disabled veterans may be counted toward the attainment of the goal established under subparagraph (A) only if such concerns are not certified by the Administration as eligible to receive benefits under section 8(a). ``(4) Qualified hubzone small business concerns.--The Government-wide goal for participation by qualified HUBZone small business concerns shall be established at not less than 2.5 percent of the total value of all prime contract awards for fiscal year 2002, and not less than 3 percent of the total value of all prime contract awards for fiscal year 2003 and each fiscal year thereafter. ``(5) Small business concerns owned and controlled by socially and economically disadvantaged individuals.-- ``(A) In general.--The Government-wide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 10 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(B) Service-disabled veterans.--The Government- wide goal for participation by small business concerns owned and controlled by service-disabled veterans which are certified by the Administration as eligible to receive benefits under section 8(a) shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(C) Handicapped individuals.--The Government-wide goal for participation by small business concerns owned and controlled by handicapped individuals which are certified by the Administration as eligible to receive benefits under section 8(a) shall be established at not less than 2 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(6) Small business concerns owned and controlled by women.--The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(7) Agency goals.-- ``(A) In general.--Each Federal agency shall have annual goals that present, for that agency, the maximum practicable opportunity for small business concerns and each of the specified subcategories of small business concerns to perform prime contracts let by such agency and subcontracts under such prime contracts. ``(B) Not less than government-wide goals.--No Federal agency may have an agency goal under subparagraph (A) which is less than the corresponding Government-wide goal established by the President under paragraph (1). ``(C) Procedure for establishment.--Each year, the Administration and the head of each Federal agency shall jointly establish the goals described in subparagraph (A) for such agency. Whenever the Administration and the head of any Federal agency fail to agree on established goals, the disagreement shall be submitted to the Administrator of the Office of Federal Procurement Policy for final determination. ``(D) Expansion of participation.--For the purpose of establishing goals under this paragraph, the head of each Federal agency shall make consistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency, including participation by small business concerns and each of the specified subcategories of small business concerns. The head of each Federal agency, in attempting to attain such participation, shall consider-- ``(i) contracts awarded as the result of unrestricted competition; and ``(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a).''. SEC. 5. DEFINITIONS. (a) Definitions Relating to Handicapped Individuals.-- (1) In general.--Section 3(f) of the Small Business Act (15 U.S.C. 632(f)) is amended to read as follows: ``(f) Definitions Relating to Small Business Concerns Owned and Controlled by Handicapped Individuals.--For purposes of this Act: ``(1) Small business concern owned and controlled by handicapped individuals.--The term `small business concern owned and controlled by handicapped individuals' means any small business concern-- ``(A) not less than 51 percent of which is owned by one or more handicapped individuals or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more handicapped individuals; ``(B) the management and daily business operations of which are controlled by one or more handicapped individuals or, in the case of a handicapped individual with permanent and severe disability, the spouse or permanent caregiver of such an individual; and ``(C) which is not a small business concern owned and controlled by service-disabled veterans. ``(2) Handicapped individual.--The term `handicapped individual' means an individual-- ``(A) who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable; or ``(B) who is a service-disabled veteran.''. (2) Conforming amendment.--Section 15(c)(1) of the Small Business Act (15 U.S.C. 644(c)(1)) is amended by striking subparagraph (C). (b) Specified Subcategories of Small Business Concerns.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: ``(r) Specified Subcategories of Small Business Concerns.--For purposes of this Act, the term `specified subcategories of small business concerns' means the following subcategories of small business concerns: ``(1) Small business concerns owned and controlled by veterans (including small business concerns owned and controlled by service-disabled veterans only if such concerns are not certified by the Administration as eligible to receive benefits under section 8(a)). ``(2) Qualified HUBZone small business concerns. ``(3) Small business concerns owned and controlled by socially and economically disadvantaged individuals. ``(4) Small business concerns owned and controlled by service-disabled veterans which are certified by the Administration as eligible to receive benefits under section 8(a). ``(5) Small business concerns owned and controlled by handicapped individuals which are certified by the Administration as eligible to receive benefits under section 8(a). ``(6) Small business concerns owned and controlled by women.''. (c) Small Business Concern Owned and Controlled by Socially and Economically Disadvantaged Individuals.--Section 3 of the Small Business Act (15 U.S.C. 632) is further amended by adding at the end the following new subsection: ``(s) Small Business Concern Owned and Controlled by Socially and Economically Disadvantaged Individuals.--For purposes of this Act: ``(1) In general.--The term `small business concern owned and controlled by socially and economically disadvantaged individuals' means a small business concern-- ``(A) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ``(B) whose management and daily business operations are controlled by one or more of such individuals.''. ``(2) Application of definition by persons other than the administration.--Any individual or entity (other than the Administration) shall presume for purposes of carrying out any program that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, other minorities, handicapped individuals, and any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act.''. SEC. 6. UNIFORM APPLICATION OF DEFINITION OF SPECIFIED SUBCATEGORIES OF SMALL BUSINESS CONCERNS. (a) In General.-- (1) Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended-- (A) in the first sentence, by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women,'' and inserting ``and each of the specified subcategories of small business concerns''; and (B) in the second sentence, by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (2) Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended by striking ``, qualified HUBZone'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (3) Section 8(d)(4)(E) of the Small Business Act (15 U.S.C. 637(d)(4)(E)) is amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women,'' and inserting ``and each of the specified subcategories of small business concerns''. (4) Paragraphs (6)(A), (6)(C), (6)(F), and (10)(B) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) are each amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (5) Section 15(h)(1) of the Small Business Act (15 U.S.C. 644(h)(1)) is amended by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (6) Subparagraphs (A), (D), and (E) of section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2)) are each amended by striking ``, small business concerns owned and controlled by service-disabled veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''. (7) Section 16(d)(1) of the Small Business Act (15 U.S.C. 645(d)(1)) is amended by striking ```small business concern''' and all that follows through ``women','' and inserting ``small business concern or as any of the specified subcategories of small business concerns''. (8) Section 16(e) of the Small Business Act (15 U.S.C. 645(e)) is amended by striking ```small business concern''' and all that follows through ``women''' and inserting ``small business concern or as any of the specified subcategories of small business concerns''. (b) Application to Contract Clauses.-- (1) In general.--Section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended-- (A) in the first and second sentences of subparagraph (A), by striking ``, small business concerns owned and controlled by veterans'' and all that follows through ``women'' and inserting ``and each of the specified subcategories of small business concerns''; (B) by striking subparagraphs (C), (D), (E), (F), and (G); and (C) by inserting after subparagraph (B) the following new subparagraphs: ``(C) As used in this contract, the terms `small business concern' and `specified subcategories of small business concerns' have the respective meanings given such terms pursuant to section 3 of the Small Business Act and relevant regulations promulgated thereto. ``(D) The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, other minorities, handicapped individuals, and any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ``(E) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern or as any of the specified subcategories of small business concerns.''. (2) Treatment of references to definitions.--Any reference in a law, regulation, or other document of the United States to the meaning or definition given to the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'', ``small business concern owned and controlled by women'', ``small business concern owned and controlled by veterans'', or ``qualified HUBZone small business concern'' in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) (as in effect on the day before the date of the enactment of this Act) shall be treated as a reference to the meaning or definition given such term in section 3 of the Small Business Act (as amended by this Act).

Service-Disabled Veterans' Small Business Federal Procurement Preference Act of 2002 - Amends the Small Business Act to treat handicapped individuals as socially disadvantaged individuals for purposes of programs available to such individuals under such Act, unless the Administrator of the Small Business Administration determines that such an individual is not socially disadvantaged.Increases the Government-wide goal of awarding Federal prime contracts and subcontracts to certain small businesses to 28 (currently 23) percent of all such contracts and subcontracts awarded in a fiscal year. Includes small businesses owned by veterans and handicapped individuals as eligible small businesses. Requires contracts and subcontracts so awarded to small businesses owned and controlled by: (1) veterans to comprise at least three percent of such total; (2) socially and economically disadvantaged individuals to comprise at least ten percent; and (3) women to comprise at least five percent. Requires that, of the ten percent required under (2), at least three percent be awarded to small businesses owned and controlled by service-disabled veterans and two percent be awarded to small businesses owned and controlled by handicapped individuals. Establishes the goal for participation by qualified HUBZone small businesses at no less than 2.5 percent of such total for FY 2002 and three percent for FY 2003 and thereafter.Requires each Federal agency to: (1) have annual goals that present the maximum practicable opportunity for eligible small businesses to perform such contracts and subcontracts; and (2) undertake efforts to annually expand small business participation.

To amend the Small Business Act to establish a Government-wide procurement goal for small business concerns owned and controlled by veterans, to establish a presumption that service-disabled veterans and other handicapped individuals are eligible for benefits under the Small Business Development Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute for the Environment Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) An appropriate scientific understanding of the diverse physical, biological, engineering, social, and economic issues that underlie the environmental problems facing the United States is essential to finding environmentally and economically sound solutions to the problems. (2) While more than a dozen Federal agencies support environmental research and gather environmental information, there is not a lead Federal agency for environmental research and information. (3) The current approach of the Federal Government to developing a scientific understanding of environmental problems, and of applying that understanding to the problems, lacks coherence and often fails to provide information vital to finding sound solutions to the problems. (4) The United States needs to improve the scientific basis for decisionmaking by Federal, State, and local governments, and private sector entities, on environmental issues. (5) Many environmental issues that will seriously affect the United States in the future are not adequately studied under existing Federal environmental research programs. (6) Existing Federal environmental research programs often do not provide adequate information in a timely manner to enable Federal, State, and local governments, and private sector entities, to engage in well-informed decisionmaking on environmental and related issues. (7) Existing Federal environmental research programs do not adequately address, link, and integrate research in different disciplinary, interdisciplinary, and multidisciplinary environmental sciences. (8) Ongoing study and communication of the existing knowledge about environmental issues, including the assessment of the significance of the knowledge, are needed to strengthen the weak link between scientific knowledge and decisionmaking on environmental issues. (9) Easy and effective access, including access by the scientific community, to the many rapidly growing sources of environmental information would improve the effectiveness of research on, and communication about, environmental issues. (10) To address the complex environmental problems facing the United States, there is a growing need for more education and training of individuals in disciplinary, interdisciplinary, and multidisciplinary sciences related to the environment. (b) Purpose.--It is the purpose of this Act to create an independent establishment to improve the scientific basis for making decisions on environmental issues through support for competitive, peer-reviewed, extramural research, ongoing knowledge assessments, data and information activities, and education and training on environmental issues. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR THE ENVIRONMENT. There is established as an independent establishment an institute to be known as the ``National Institute for the Environment'' (referred to in this Act as the ``Institute''). The mission of the Institute shall be to improve the scientific basis for decisionmaking on environmental issues. SEC. 4. DUTIES. The Institute shall have the following duties: (1) To increase scientific understanding of environmental issues (including environmental resources, systems, and sustainability, and the human dimensions associated with environmental issues) by initiating and supporting credible, extramural, problem-focused, peer-reviewed basic and applied scientific environmental research and other disciplinary, multidisciplinary, and interdisciplinary environmental programs. The support of research and programs under this paragraph may include the provision of financial assistance pursuant to section 8, including grants, contracts, and cooperative agreements. (2) To assist decisionmaking on environmental issues by providing ongoing, comprehensive assessments of knowledge of environmental issues. The performance of assessments under this paragraph shall include the following: (A) Summarizing the state of the knowledge. (B) Assessing the implications of the knowledge. (C) Identifying additional research that will provide information needed for decisionmaking by Federal, State, and local governments, and private sector entities, on environmental issues. (D) Analyzing constraints that may affect the conduct of research described in subparagraph (C), including the existence of limited technological, human, and economic resources. (E) Communicating the results of assessments under this paragraph to relevant Federal, State, and local government decisionmakers and the public. (3) To serve as the foremost provider and facilitator in the United States of access to current and easy-to-use peer- reviewed scientific and technical information about the environment. The provision and facilitation of access to information under this paragraph shall include the following: (A) Providing and facilitating access to credible environmental information (including scientific and technological results of environmental research) for relevant Federal, State, and local government decisionmakers, policy analysts, researchers, resource managers, educators, information professionals (including computer and telecommunications specialists), and the general public. (B) Establishing an electronic network that-- (i) uses existing telecommunications infrastructures to provide single-point access to environmental information; and (ii) includes existing collections of environmental information, such as libraries, specialized information centers, data and statistical centers, and government and private sector repositories of regional, event-driven, or ecosystem information. (C) Identifying and encouraging the effective application of state-of-the-art information technologies to promote the availability and use of, and access to, environmental knowledge. (D) Providing long-term stewardship of the environmental information resources of the United States, including efforts to ensure the continued usefulness of the resources, through the promotion and development of policies and standards for providing access to environmental information, and through the support of relevant research and development. (4) To sponsor higher education and training in environmental fields in order to contribute to a greater public understanding of the environment and to ensure that the United States has a core of scientifically educated and trained personnel who possess skills to meet the environmental needs of the United States. The sponsorship of education and training under this paragraph shall include the following: (A) Awarding scholarships, traineeships, and graduate fellowships at appropriate nonprofit institutions of the United States for study and research in natural and social sciences and engineering related to the environment. (B) Supporting curriculum and program development in fields related to the environment. (C) Promoting the involvement of women, minorities, and other underrepresented groups. (5) To encourage and support the development and use of methods and technologies that increase scientific and general understanding of the environment and minimize adverse environmental impact. (6) To evaluate the status and needs of the various environmental sciences and fields. (7) To foster interchange of scientific information about the environment among scientists, Federal, State, and local government decisionmakers, and the public. (8) To identify and seek to address emerging environmental issues and all aspects of scientific, technological, and societal aspects of environmental problems. (9) To establish research priorities for the Institute for environmental issues of global, national, and regional significance. SEC. 5. GOVERNING BOARD. (a) Establishment.--There shall be a Governing Board for the Institute (referred to in this Act as the ``Board'') which shall establish the policies and priorities of the Institute. (b) Membership.-- (1) Appointment.--The Board shall be composed of 18 members who shall be appointed by the President by and with the advice and consent of the Senate. (2) Representation on the board.-- (A) In general.--The members of the Board shall include individuals-- (i) who, as scientists and users of scientific information, are representative of diverse groups and entities, including States, academic institutions, businesses, environmental groups, citizens groups, and other appropriate organizations; (ii) who have a distinguished record of service in their fields; and (iii) who, among the scientific members of the Board, represent the diversity of scientific fields that study the environment. (B) Selection of certain groups.--In making appointments under this subsection, the President shall seek to provide for representation on the Board of women, minority groups, and individuals recommended by the National Academy of Sciences, the National Academy of Engineering, and other groups. (c) Terms.-- (1) Initial terms.--Members initially appointed to the Board shall serve for the following terms: (A) 6 members shall serve for an initial term of 2 years. (B) 6 members shall serve for an initial term of 4 years. (C) 6 members shall serve for an initial term of 6 years. (2) Subsequent terms.--On completion of a term referred to in paragraph (1), each member of the Board subsequently appointed or reappointed shall serve for a term of 6 years, with a maximum of 2 consecutive terms for any member appointed under this section. (d) Administration.-- (1) Travel expenses.--Each member of the Board who is not an officer or employee of the United States may receive travel expenses, including per diem in lieu of subsistence, in the same manner as travel expenses are allowed under section 5703 of title 5, United States Code, for persons serving intermittently in the Government service. (2) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Board. (e) Chairperson.--The Chairperson of the Board shall be designated by the President at the time of the appointment. The term of office of the Chairperson shall be 6 years. (f) Meetings.--The Board shall meet as needed at the call of the Chairperson or a majority of the members of the Board, but not less than 4 times a year. (g) Reports.--The Board shall periodically submit to the President reports on such specific environmental policy matters as the Board, the President, or Congress determines to be necessary. After receipt of any such report, the President shall transmit the report to Congress in a timely fashion, together with any comments that the President considers to be appropriate. (h) Advisory Committees.--The Board may establish such advisory committees as the Board considers necessary to carry out this Act. SEC. 6. STAFF. (a) Director.-- (1) Appointment.--The Director of the Institute shall be appointed by the President by and with the advice and consent of the Senate. (2) Authority.--The Director shall exercise all of the authority granted to the Institute by this Act, including any powers and functions delegated to the Director by the Board. All actions taken by the Director pursuant to this Act, or pursuant to the delegation from the Board, shall be final and binding on the Institute. The Director shall formulate programs consistent with the policies of the Institute and in consultation with the Board and any appropriate advisory committee established pursuant to this Act. (3) Pay; term of office.--The Director shall receive basic pay at the rate provided for level II of the Executive Schedule under section 5313 of title 5, United States Code, and shall serve for a term of 6 years. (4) NSTC membership.--Section 401(b) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6651(b)) is amended by inserting ``, the Director of the National Institute for the Environment,'' after ``the Director of the Office of Science and Technology Policy''. (b) Assistant Directors.--The President may, on the recommendation of the Director, appoint such assistant Directors as the President considers necessary to carry out this Act. SEC. 7. INTERAGENCY ADVISORY COMMITTEE. (a) Establishment.--There is established an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and other Federal agencies are complementary. (b) Duties.--It shall be the duty of the Interagency Advisory Committee established under subsection (a) to provide recommendations and advice to the Board to help to ensure that-- (1) the research priorities and agenda of the Institute support, rather than duplicate or compete with, the research agendas of existing Federal agencies; (2) the knowledge assessment activities of the Institute incorporate knowledge obtained and possessed by other Federal agencies, and are useful to the agencies; (3) information within the databases of other Federal agencies is available for incorporation into the information network of the Institute; and (4) the educational programs of the Institute serve the needs of the United States. (c) Composition.-- (1) In general.--The Interagency Advisory Committee established under subsection (a) shall include directors of research (or individuals who hold a comparable position) from Federal agencies that conduct or use substantial quantities of environmental research, including-- (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the National Science Foundation; (D) the Department of Energy; (E) the Department of the Interior; and (F) the Department of Agriculture. (2) Ex officio members.--The Director of the Office of Science and Technology Policy (or a designee of the Director) and the Director of the Office of Environmental Quality (or a designee of the Director) shall serve as ex officio members of the Interagency Advisory Committee. (d) Duration.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Interagency Advisory Committee established under subsection (a). SEC. 8. FUNDING. (a) Authority to Provide Financial Assistance.--The Institute may enter into contracts and cooperative agreements and provide financial assistance, including grants, to carry out the duties of the Institute under this Act. (b) Persons Eligible to Receive Funding.--Scientists, engineers, and other researchers are eligible to receive funding from the Institute under subsection (a), except that-- (1) scientists from Federal agencies shall not be given a preference for funding based on their employment with the Federal Government; and (2) the receipt of funding from the Institute shall be subject to any criteria and other requirements that are prescribed by the Institute. (c) Receipt of Funds from Other Persons.--The Institute may, subject to the approval of the Board, receive funds from other Federal agencies and private sector persons to carry out particular projects and activities under this Act. Funds received under this subsection shall be deposited in the Treasury and shall be made available to the Institute to the extent provided in appropriations Acts. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. S 2242 IS----2 S 2242 IS----3

National Institute for the Environment Act - Establishes the National Institute for the Environment to: (1) increase scientific understanding of environmental issues by supporting scientific environmental research and other environmental programs; (2) assist decision-making on environmental issues by providing assessments of knowledge of such issues; (3) serve as the foremost provider of access to current scientific and technical information about the environment; (4) sponsor higher education and training in environmental fields; (5) support the development of methods and technologies that increase understanding of the environment and minimize adverse environmental impact; (6) evaluate the status and needs of the various environmental sciences and fields; (7) foster interchange of scientific information about the environment; (8) address emerging environmental issues and aspects of environmental problems; and (9) establish research priorities for environmental issues. Establishes a Governing Board for the Institute and an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute. Authorizes appropriations.

National Institute for the Environment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Markets Act of 2015''. SEC. 2. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES. (a) In General.--Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Collection of Information on Critical Energy Supplies.-- ``(1) In general.--To ensure transparency of information relating to energy infrastructure and product ownership in the United States and improve the ability to evaluate the energy security of the United States, the Administrator, in consultation with other Federal agencies (as necessary), shall-- ``(A) not later than 120 days after the date of enactment of this subsection, develop and provide notice of a plan to collect, in cooperation with the Commodity Futures Trade Commission, information identifying all oil inventories, and other physical oil assets (including all petroleum-based products and the storage of such products in off-shore tankers), that are owned by the 50 largest traders of oil contracts (including derivative contracts), as determined by the Commodity Futures Trade Commission; and ``(B) not later than 90 days after the date on which notice is provided under subparagraph (A), implement the plan described in that subparagraph. ``(2) Information.--The plan required under paragraph (1) shall include a description of the plan of the Administrator for collecting company-specific data, including-- ``(A) volumes of product under ownership; and ``(B) storage and transportation capacity (including owned and leased capacity). ``(3) Protection of proprietary information.--Section 12(f) of the Federal Energy Administration Act of 1974 (15 U.S.C. 771(f)) shall apply to information collected under this subsection. ``(o) Collection of Information on Storage Capacity for Oil and Natural Gas.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Administrator of the Energy Information Administration shall collect information quantifying the commercial storage capacity for oil and natural gas in the United States. ``(2) Updates.--The Administrator shall update annually the information required under paragraph (1). ``(3) Protection of proprietary information.--Section 12(f) of the Federal Energy Administration Act of 1974 (15 U.S.C. 771(f)) shall apply to information collected under this subsection. ``(p) Financial Market Analysis Office.-- ``(1) Establishment.--There shall be within the Energy Information Administration a Financial Market Analysis Office, headed by a director, who shall report directly to the Administrator of the Energy Information Administration. ``(2) Duties.--The Office shall-- ``(A) be responsible for analysis of the financial aspects of energy markets; ``(B) review the reports required by section 4(c) of the Energy Markets Act of 2015 in advance of the submission of the reports to Congress; and ``(C) not later than 1 year after the date of enactment of this subsection-- ``(i) make recommendations to the Administrator of the Energy Information Administration that identify and quantify any additional resources that are required to improve the ability of the Energy Information Administration to more fully integrate financial market information into the analyses and forecasts of the Energy Information Administration, including the role of energy futures contracts, energy commodity swaps, and derivatives in price formation for oil; ``(ii) conduct a review of implications of policy changes (including changes in export or import policies) and changes in how crude oil and refined petroleum products are transported with respect to price formation of crude oil and refined petroleum products; and ``(iii) notify the Committee on Energy and Natural Resources, and the Committee on Appropriations, of the Senate and the Committee on Energy and Commerce, and the Committee on Appropriations, of the House of Representatives of the recommendations described in clause (i). ``(3) Analyses.--The Administrator of the Energy Information Administration shall take analyses by the Office into account in conducting analyses and forecasting of energy prices.''. (b) Conforming Amendment.--Section 645 of the Department of Energy Organization Act (42 U.S.C. 7255) is amended by inserting ``(15 U.S.C. 3301 et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.)'' after ``Natural Gas Policy Act of 1978''. SEC. 3. WORKING GROUP ON ENERGY MARKETS. (a) Establishment.--There is established a Working Group on Energy Markets (referred to in this Act as the ``Working Group''). (b) Composition.--The Working Group shall be composed of-- (1) the Secretary of Energy (referred to in this Act as the ``Secretary''); (2) the Secretary of the Treasury; (3) the Chairman of the Federal Energy Regulatory Commission; (4) the Chairman of Federal Trade Commission; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairman of the Commodity Futures Trading Commission; and (7) the Administrator of the Energy Information Administration. (c) Chairperson.--The Secretary shall serve as the Chairperson of the Working Group. (d) Compensation.--A member of the Working Group shall serve without additional compensation for the work of the member of the Working Group. (e) Purpose and Function.--The Working Group shall-- (1) investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the United States; (2) recommend to the President and Congress laws (including regulations) that may be needed to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices on consumers and the economy of the United States; and (3) review energy security implications of developments in international energy markets. (f) Administration.--The Secretary shall provide the Working Group with such administrative and support services as may be necessary for the performance of the functions of the Working Group. (g) Cooperation of Other Agencies.--The heads of Executive departments, agencies, and independent instrumentalities shall, to the extent permitted by law, provide the Working Group with such information as the Working Group requires to carry out this section. (h) Consultation.--The Working Group shall consult, as appropriate, with representatives of the various exchanges, clearinghouses, self- regulatory bodies, other major market participants, consumers, and the general public. SEC. 4. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS. (a) Study.--The Working Group shall conduct a study-- (1) to identify the factors that affect the pricing of crude oil and refined petroleum products, including an examination of the effects of market speculation on prices; and (2) to review and assess-- (A) existing statutory authorities relating to the oversight and regulation of markets critical to the energy security of the United States; and (B) the need for additional statutory authority for the Federal Government to effectively oversee and regulate markets critical to the energy security of the United States. (b) Elements of Study.--The study shall include-- (1) an examination of price formation of crude oil and refined petroleum products; (2) an examination of relevant international regulatory regimes; and (3) an examination of the degree to which changes in energy market transparency, liquidity, and structure have influenced or driven abuse, manipulation, excessive speculation, or inefficient price formation. (c) Report and Recommendations.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives quarterly progress reports during the conduct of the study under this section, and a final report not later than 1 year after the date of enactment of this Act, that-- (1) describes the results of the study; and (2) provides options and the recommendations of the Working Group for appropriate Federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and the elimination of excessive speculation, including recommendations on data collection and analysis to be carried out by the Financial Market Analysis Office established by section 205(p) of the Department of Energy Organization Act (42 U.S.C. 7135(p)). (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Energy Markets Act of 2015 This bill amends the Department of Energy Organization Act to direct the Energy Information Administration (EIA) of the Department of Energy to develop and implement a plan to collect, in cooperation with the Commodity Futures Trade Commission, information identifying all oil inventories and other physical oil assets owned by the 50 largest traders of oil contracts (including derivative contracts). The EIA shall also collect, and update annually, information quantifying the commercial storage capacity for oil and natural gas in the United States. A Financial Market Analysis Office is established in the EIA to analyze the financial aspects of energy markets. A Working Group on Energy Markets is also established to: investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the United States, recommend to the President and Congress laws to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices, and review energy security implications of developments in international energy markets. The Working Group shall also: (1) identify the factors that affect crude oil and refined petroleum products prices; and (2) review and assess existing statutory authorities for the regulation of markets critical to U.S. energy security, as well as the need for additional authority to regulate markets critical to it.

Energy Markets Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Protection School Finance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are systems of public school finance within States which subject American children to educations of radically varying and grossly unequal quality solely on the basis of where they live. (2) Agreement with the unanimous Supreme Court decision of Brown v. Board of Education which stated: ``In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the State has undertaken to provide it, is a right which must be made available to all on equal terms.''. (3) Education is a fundamental right under the equal protection clause of the United States Constitution. (4) The provision of education to all children within a State on an equal basis, including equality of financial resources, is fundamental to the equal protection of laws. SEC. 3. EQUALIZATION SYSTEM. (a) In General.--No State shall be eligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation (referred to in this Act as ``COV'') of per pupil expenditures in local educational agencies statewide for elementary and secondary education in such State is less than 10 percent. (b) Calculation.--The COV shall be calculated based on intrastate expenditures for current operations, as determined by the State, without regard to Federal contributions. (c) Additional Exclusions.-- (1) Special purpose.--Also excluded from the COV calculation shall be capital expenditures and special purpose funds without regard to source. Special purpose funds are funds which are targeted to address a specific need, such as the educationally disadvantaged, handicapped, gifted, or language deficient students. (2) Resources.--Nothing in this Act shall preclude the State or the Federal Government from providing additional resources to local educational agencies to address such special needs. (d) Waiver.--The Secretary may provide funding for elementary and secondary education to a State which has not complied with the requirements of this section if the State submits a plan for compliance which the Secretary determines will bring the State into compliance not later than 5 years after the date of submission of such plan. SEC. 4. COMPLIANCE AND REPORTING. (a) In General.-- (1) Annual report.--To be eligible to receive Federal education funds, a State shall submit an annual report to the Secretary which certifies that the State has complied with the provisions of this Act. (2) Certifications.--Such certifications are due not later than January 1 of each fiscal year and shall be accepted by the Secretary unless challenged by 1 or more local educational agencies. (b) Certification Challenge.--To challenge the validity of a State's compliance certification, local educational agencies that represent not less than 10 percent of the students in such State must file a complaint with the Secretary, not later than 90 days after the date on which the certification is due. (c) Compliance.-- (1) In general.--The failure of a State to comply with the provisions of this Act shall result in the loss of eligibility for Federal education funds identified in section 3(a) beginning in the first fiscal year after a finding of noncompliance by the Secretary. Eligibility for such funds shall be restored at the beginning of the next fiscal year in which the Secretary finds the State to be in compliance. (2) Federal funds.--The failure of a State to comply with the provisions of this Act for a period that exceeds 5 years from the date of the enactment of this Act or the submission of a plan under section 3(d), whichever is longer, shall lose all forms of Federal assistance beginning in the first fiscal year after such 5-year period until the State complies with the provisions of this Act. (d) Redistribution of Funds.--Funds for elementary and secondary education that are not distributed to a State as a result of applying subsection (c) shall be reallocated by the Secretary to other States that have complied with the requirements of section 3, that are implementing compliance plans, or are developing compliance plans pursuant to section 3(d). SEC. 5. DEFINITIONS. For purposes of this Act the following terms have the following meanings: (1) The term ``coefficient of variation'' means the standard deviation of local educational agency expenditures divided by the mean per student expenditure, in which local educational agencies with fewer than 250 students have been excluded. (2) The term ``local educational agency'' has the same meaning given such term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)). (3) The term ``Secretary'' means the Secretary of Education.

Equal Protection School Finance Act - Provides for a system to help equalize funding for education within States. Makes a State ineligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation of per pupil expenditures in local educational agencies statewide for elementary and secondary education is greater than ten percent. Authorizes the Secretary of Education to provide such funding to a noncompliant State if that State submits a plan which the Secretary determines will bring the State into compliance within five years. Sets forth procedures for compliance reporting, certification, and challenges. Directs the Secretary to reallocate to compliant States, and States developing or implementing compliance plans, any funds that are not distributed to noncompliant States.

Equal Protection School Finance Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Administrative Law Judges Retirement Act of 2007''. (b) References.--Whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. (a) Definition.--Section 8331 is amended-- (1) in paragraph (28), by striking ``and'' at the end; (2) in the first paragraph (29), by striking the period and inserting a semicolon; (3) in the second paragraph (29)-- (A) by striking ``(29)'' and inserting ``(30)''; and (B) by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(31) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.''. (b) Deductions, Contributions, and Deposits.--Section 8334 is amended-- (1) in subsection (a)(1)(A), by striking ``or nuclear materials courier,'' and inserting ``nuclear materials courier, or administrative law judge,''; (2) in subsection (a)(1)(B)-- (A) in the first sentence of clause (i), by striking ``clause (ii),'' and inserting ``clause (ii) or (iii),''; and (B) by adding after clause (ii) the following: ``(iii) In the case of an administrative law judge, the amount to be contributed under this subparagraph shall (instead of the amount described in clause (i)) be equal to the amount derived by multiplying the administrative law judge's basic pay by the percentage that is 1 percentage point less than the percentage applicable under subsection (c).''; and (3) in subsection (c), by adding after the item relating to a nuclear materials courier the following: ``Administrative law judge.............. 5...................... June 11, 1947, to June 30, 1948. 6...................... July 1, 1948, to October 31, 1956. 6.5.................... November 1, 1956, to December 31, 1969. 7...................... January 1, 1970, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7.4.................... January 1, 2000, to December 31, 2000. 7...................... January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007. 8...................... The effective date of the Administrative Law Judges Retirement Act of 2007 and thereafter.''. (c) Immediate Retirement.-- (1) In general.--Section 8336 is amended by adding at the end the following: ``(q) An employee who is separated from the service after completing 10 years of service as an administrative law judge and becoming 60 years of age is entitled to an annuity. An employee who is separated from the service voluntarily after completing 10 years of service as an administrative law judge but before becoming 60 years of age is entitled to a reduced annuity.''. (2) Discontinued service or early voluntary retirement.-- Section 8336(d) is amended by adding at the end the following: ``In the case of an administrative law judge, the preceding provisions of this subsection shall be applied by treating any reference in such provisions to removal or separation for `misconduct or delinquency' or for `misconduct or unacceptable performance' to refer to removal under section 1215, 7521, or 7532.''. (d) Computation of Annuity.--Section 8339 is amended-- (1) in subsection (f), by striking ``(r), and (s)'' and inserting ``(r), (s), and (v)''; (2) in subsection (h), by adding at the end the following: ``The annuity computed under subsections (f) and (v) for a employee retiring under the second sentence of section 8336(q) is reduced by \1/12\ of 1 percent for each full month not in excess of 60 months, and \1/6\ of 1 percent for each full month in excess of 60 months, the employee is under 60 years of age at the date of separation.''; (3) in subsection (i), by striking ``(r), or (s)'' and inserting ``(r), (s), or (v)''; and (4) by adding at the end the following: ``(v) The annuity of an employee retiring under section 8336(q) is computed under subsection (a), except, if the employee has had at least 5 years' service as an administrative law judge, the employee's annuity is computed with respect to-- ``(1) such employee's service as an administrative law judge; and ``(2) such employee's military service not exceeding 5 years; by multiplying 2\1/2\ percent of such employee's average pay by the years of that service.''. (e) Technical and Conforming Amendments.--(1) Sections 8337(a) and 8339(g) are amended by striking ``or (s)'' each place it appears and inserting ``(s), or (v)''. (2) Subsections (j), (k)(1), (l), and (m) of section 8339, subsections (b)(1) and (d) of section 8341, section 8343a(c), and section 8344(a)(A) are amended by striking ``and (s)'' each place it appears and inserting ``(s), and (v)''. (3) Subsections (j)(3) (in the third sentence before the sentence containing subparagraph (A)), (j)(5)(C)(iii), and (k)(2)(C) of section 8339 are amended by striking ``and (r)'' and inserting ``(r), and (v)''. (4) Section 8335(a) is amended by striking ``8331(29)(A)'' and inserting ``8331(30)(A)''. SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Definition.--Section 8401 is amended-- (1) in paragraph (34), by striking ``and'' at the end; (2) in paragraph (35), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(36) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.''. (b) Early Retirement.--Section 8414(b) is amended by adding at the end the following: ``(4) In the case of an administrative law judge, the preceding provisions of this subsection shall be applied by treating any reference in such provisions to removal or separation for `misconduct or delinquency' or for `misconduct or unacceptable performance' to refer to removal under section 1215, 7521, or 7532.''. (c) Computation of Annuity.--Section 8415 is amended-- (1) in subsection (h)(2), by striking ``or air traffic controller.'' and inserting ``air traffic controller, or administrative law judge.''; and (2) by adding at the end the following: ``(n) The annuity of an administrative law judge, or a former administrative law judge, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as an administrative law judge, so much of the annuity as is computed with respect to such type of service, not exceeding a total of 20 years, shall be computed by multiplying 1\7/10\ percent of such employee's average pay by the years of that service.''. (d) Deductions From Pay.--Section 8422(a)(3) is amended by adding after the item relating to a nuclear materials courier the following: ``Administrative law judge.............. 7...................... January 1, 1987, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7.4.................... January 1, 2000, to December 31, 2000. 7...................... January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007. 8...................... The effective date of the Administrative Law Judges Retirement Act of 2007 and thereafter.''. (e) Government Contributions.--Section 8423 is amended-- (1) in subsection (a)(1)(B)(i), by striking ``and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by'' and inserting ``employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, and administrative law judges, multiplied by''; (2) by amending paragraph (2) of subsection (a) to read as follows: ``(2) In determining any normal-cost percentage to be applied under this subsection-- ``(A) amounts provided for under section 8422 shall be taken into account; and ``(B) amounts provided by or for administrative law judges under subchapter III of chapter 83 (including sections 8334 and 8348, and whether provided before, on, or after the effective date of this subparagraph) shall, to the extent they exceed the normal cost of the benefits which are (i) provided for under subchapter III of chapter 83, and (ii) attributable to service performed as an administrative law judge (within the meaning of such subchapter), be taken into account as if they had been provided by or for administrative law judges under this chapter.''; and (3) in subsection (a)(3)(A), by inserting ``administrative law judges,'' after ``military reserve technicians,'' each place it appears. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act-- (1) shall take effect on the date of the enactment of this Act; and (2) except as provided in subsection (b), shall apply only with respect to administrative law judges first appointed on or after the effective date of this Act. (b) Exception.-- (1) Election for incumbents.--The amendments made by this Act shall apply with respect to any individual serving as an administrative law judge on the effective date of this Act if appropriate written application is submitted to the Office of Personnel Management within 12 months after such effective date. (2) Treatment of prior service.-- (A) Deposit requirement.--An individual who makes an election under paragraph (1) shall, with respect to any administrative law judge service performed by such individual prior to the date as of which deductions from such individual's pay begin to be made in accordance with the amendments made by this Act, be required to pay into the Civil Service Retirement and Disability Fund an amount equal to the difference between-- (i) the unrefunded individual contributions that were made for such prior service; and (ii) the individual contributions that would have been required if the rate (or rates) in effect for such prior service had been equal to the rate (or rates) actually in effect for such prior service, increased by 1 percentage point. (B) Effect of not making deposit.--If or to the extent that any amounts under subparagraph (A) are not paid by an individual making an election under paragraph (1), any annuity based on the service of such individual-- (i) shall be computed in accordance with the amendments made by this Act; but (ii) shall be reduced in a manner similar to that set forth in section 8334(d)(2)(B) of title 5, United States Code. (3) Survivor annuitants.--In the case of an individual described in paragraph (1) who dies before the end of the 12- month period beginning on the effective date of this Act, any application or deposit under this subsection may, for purposes of any survivor annuity based on the service of such individual, also be made by a survivor of such individual. (c) Definition.--For purposes of this section, the term ``administrative law judge'' means an administrative law judge appointed under section 3105 of title 5, United States Code, or a similar prior provision of law. (d) Regulations.--The Office of Personnel Management may prescribe any regulations necessary to carry out this section.

Administrative Law Judges Retirement Act of 2007 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements (ten years of service and age 60), early retirement, and annuity computation (2.5% and 1.7%, respectively, of average pay for each year of service) for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System.

To provide for enhanced retirement benefits for administrative law judges.

SECTION 1. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION CONVERSIONS. (a) In General.--A qualified electing S corporation may elect the special tax treatment provided in subsection (b) for an eligible corporate conversion in the manner set forth in subsection (e). (b) Special Tax Treatment.-- (1) Transfers to partnership.--In the case of transfers by a qualified electing S corporation to a partnership in connection with an eligible corporate conversion, no gain or loss shall be recognized by shareholders of such corporation with respect to money or property received by the partnership. (2) Other transfers.--All other distributions of money or property by the qualified electing S corporation shall be treated as a distribution in part or full payment in exchange for the stock of such corporation. (c) Qualified Electing S Corporation.--For purposes of this section, the term ``qualified electing S corporation'' means a domestic corporation which-- (A) has had a valid S election continuously in effect for all taxable years of the corporation beginning on or after January 1, 1990, and (B) has never made an election under this section. (d) Eligible Corporate Conversion.--For purposes of this section-- (1) In general.--The term ``eligible corporate conversion'' means (however effected)-- (A) a transfer by a qualified electing S corporation of substantially all of its assets to a partnership (as defined in section 7701(a)(2) of the Internal Revenue Code of 1986) for not less than 80 percent of the capital and profits of the partnership in any taxable year of the corporation ending on or before December 31, 2005, (B) the meeting of the requirement described in paragraph (2) by the partnership, and (C) the subsequent liquidation and dissolution of the qualified S corporation within the same taxable year as the transfer. (2) Continuity of business requirement.-- (A) In general.--The requirement described in this paragraph is met if the partnership described in paragraph (1)(A) either-- (i) maintains the continuity of the qualified electing S corporation's business for 5 consecutive taxable years following the year in which the corporate conversion occurs, or (ii) pays a corporate conversion recapture tax in the taxable year in which the failure to maintain such continuity first occurs. (B) Continuity of the qualified electing s corporation's business.--For purposes of subparagraph (A)(i), the term ``continuity of the qualified electing S corporation's business'' means, under all the facts and circumstances, either-- (i) the continuation of 1 or more of the S corporation's historic lines of business, or (ii) the use of a significant portion of the S corporation's historic business assets, whether or not such assets have a taxable basis, in the conduct of an active trade or business. (C) Corporate conversion recapture tax.--For purposes of subparagraph (A)(ii), the term ``corporate conversion recapture tax'' means-- (i) a recomputation of the tax under subtitle A of the Internal Revenue Code of 1986 of the partnership and the partners as if-- (I) the partnership were an S corporation, (II) the stock of such S corporation was owned in the same manner as the capital of the partnership, and (III) the S corporation were dissolved and its assets distributed to its shareholders in complete liquidation on the last day of the taxable year, multiplied by (ii) a fraction-- (I) the numerator of which is the excess (if any) of 5 over the number of complete taxable years in which the partnership maintains continuity of the qualified electing S corporation's business, and (II) the denominator of which is 5. (d) Basis Rules.--In the case of an eligible corporate conversion, property in the hands of the partnership shall have the same basis as in the hands of the qualified electing S corporation immediately prior to the eligible corporate conversion. (e) Method of Making Election.--In order to elect the special tax treatment provided in subsection (b) for an eligible corporate conversion, the qualified electing S corporation shall file a written election claiming such treatment with the timely-filed information return of the S corporation for the taxable year in which the eligible corporate conversion occurs.

Requires the partnership to maintain a five- year continuity of business in order to avoid a conversion recapture tax.

To provide an election for a special tax treatment of certain S corporation conversions.

SECTION 1. CONDITION ON FEDERAL FUNDING. (a) In General.--No Federal housing funds may be provided to a State or a political subdivision of a State, or to any agency or office thereof, unless the Secretary of Housing and Urban Development determines that the State has in effect a State law that-- (1) requires the preparation of an economic analysis of any housing rule change proposed by the State, political subdivision, agency, or office that may have a significant adverse impact on housing construction costs or housing affordability; and (2) satisfies the requirements of section 2 with respect to the contents of such analysis. (b) Effective Date.--The condition imposed by subsection (a) shall take effect one year after the date of enactment of this Act. SEC. 2. PROPOSED RULE AND ECONOMIC HOUSING IMPACT ANALYSIS. (a) Applicability.--The requirements of this section shall apply with respect to any proposed or final rule, unless the State or political subdivision of a State, or any agency or office thereof, promulgating the rule certifies that the proposed or final rule will not, if given force or effect as a final rule, have a significant adverse impact on housing construction cost or housing affordability. (b) Certification.--Any State or political subdivision of a State, or any agency or office thereof, making a certification under subsection (a), shall submit to the Secretary a copy of such certification and a statement providing the factual basis for such certification. (c) Public Disclosure.-- (1) Notice and comment period for proposed rule required.-- (A) In general.--Whenever any State or political subdivision of a State, or any agency or office thereof, proposes a rule that will have a significant impact on housing construction costs or housing affordability, the State, political subdivision, agency, or office shall make a public announcement of the proposed rule that-- (i) states with particularity the text of the proposed rule; and (ii) requests any interested persons to submit to the State, political subdivision, agency, or office any written analyses, data, view, or arguments, along with any specific alternatives to the proposed rule. (B) Timing.--The State, political subdivision, agency, office shall provide reasonable time and opportunity for interested persons to take the actions specified under subparagraph (A)(ii) before promulgation of the proposed rule. (2) Notice and comment period for economic housing impact analysis required.--Whenever any State or political subdivision of a State, or any agency or office thereof, proposes a rule that will have a significant adverse impact on housing construction costs or housing affordability, the State, political subdivision, agency, or office shall prepare and make available to the public for comment a copy of the economic housing impact analysis in accordance with subsection (d). (d) Economic Housing Impact Analysis.-- (1) Requirements.--Each economic housing impact analysis shall-- (A) describe the impact of the proposed rule on housing construction costs or housing affordability; and (B) be made available to the public for comment at the same time as, and together with, the public announcement of the proposed rule. (2) Transmittal to secretary.--Any State, political subdivision, agency, or office that prepares an economic housing impact analysis shall transmit to the Secretary such analysis. (3) Contents.--Each economic housing impact analysis required under this subsection shall contain-- (A) a description of the reasons why action by the State, political subdivision, agency, or office is being considered; (B) a succinct statement of the objectives of, and legal basis for, the proposed rule; (C) a summary of the significant issues, analyses, and any alternatives to the proposed rule, a summary of the assessment of the State, political subdivision, agency, or office of such issues, analyses, and alternatives; (D) a description of and, where practicable, an estimate of the extent to which the proposed rule will impact housing construction costs or housing affordability, or an explanation of why no such estimate is available; and (E) an identification, to the extent practicable, of all relevant Federal or State rules which may duplicate, overlap, or conflict with the proposed rule. (e) Preparation of Analyses.--In complying with the provisions of subsection (d), the State, political subdivision, agency, or office may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification is not practicable or reliable. (f) Development of Model.--Not later than six months from the date of the enactment of this Act, the Secretary shall develop a model economic housing impact analysis under this section and shall publish such model in the Federal Register. The model analyses shall define the primary elements of an economic housing impact analysis to instruct the States or political subdivisions of the States, or any agencies or offices thereof, on how to carry out and develop the analyses required under subsection (d). SEC. 3. DEFINITIONS. In this Act: (1) Federal housing funds.--The term ``Federal housing funds'' means funds provided under any program administered by the Secretary of Housing and Urban Development that provides housing assistance to any State or political subdivision of a State, or to any agency or office thereof, including any public housing agency. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) Significant adverse impact.--The term ``significant adverse impact'', with respect to a rule, means that the rule, if given force or effect as a final rule, will increase housing construction costs or housing affordability for consumers by more than $50,000,000 per year. (4) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.

Conditions the receipt of federal housing funds by a state, political subdivision, or any agency or office thereof on the preparation of a state economic housing impact analysis regarding any new rule proposed by the state, political subdivision, agency or office that has a significant adverse economic impact on housing construction costs or housing affordability in excess of $50 million annually. Sets forth analysis requirements. Requires the Secretary of Housing and Urban Development to develop a model analysis.

To condition the receipt of Federal housing funds by a State or political subdivision of a State, or any agency or office thereof, on the preparation of an economic housing impact analysis regarding any new rule proposed by the State, political subdivision, agency, or office that has a significant adverse economic impact on housing construction costs or housing affordability of $50,000,000 or more, and for other other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swain County Settlement Act of 2004''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) an agreement dated July 30, 1943, between the Secretary of the Interior, the State of North Carolina, the Tennessee Valley Authority, and Swain County, North Carolina, provided that the Department of the Interior would construct a road along the north shore of the Fontana Reservoir to replace a road flooded by the construction of Fontana Dam and the filling of the Reservoir; (2) as of the date of enactment of this Act, the road has not been completed; (3) a 1962 National Park Service study of the proposed road found that the construction of the road would result in severe ``damage to the landscape and natural park values''; (4) there are additional environmental concerns relating to the road construction, including concerns relating to the exposure of Anakeesta rock that produces acids and metals that leach into streams and kill aquatic life; (5) the proposed road would cut through the Great Smoky Mountains National Park, the most visited park in the National Park system; (6) in 2000, the National Park Service estimated that the cost of building the proposed road would be $150,000,000, excluding planning, design, and environmental compliance costs; (7) as of June 2004, the public review process conducted by the National Park Service found that 88 percent of respondents favored a cash settlement over constructing the road; and (8) on February 11, 2003, the Swain County Board of Commissioners passed a resolution supporting a settlement as a substitute for the construction of the road. (b) Purpose.--The purpose of this Act is to settle and quiet all claims arising out of the agreement referred to in subsection (a)(1). SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means the agreement of July 30, 1943, between the Secretary, the State, the Tennessee Valley Authority, and the County relating to the replacement of a road in the County flooded by the construction of Fontana Dam and the filling of Fontana Reservoir. (2) County.--The term ``County'' means Swain County, North Carolina. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (4) State.--The term ``State'' means the State of North Carolina. SEC. 4. SETTLEMENT OF CLAIMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall offer to compensate the County for the road not being built in an amount determined by the parties to the agreement, taking into consideration the estimated cost of the proposed road. (b) Payment.--Not later than 60 days after the date on which the County accepts the offer under subsection (a), the Secretary shall, using amounts made available under section 5, pay to the County the amount of compensation determined under subsection (a). (c) Deposit.--Amounts paid to the County under subsection (b) shall be deposited in an account in accordance with any rules and regulations established by the North Carolina Local Government Commission. (d) Use.-- (1) Principal.--The principal of amounts deposited under subsection (c) shall be expended by the County only as authorized under a resolution approved by \2/3\ of the registered voters of the County. (2) Interest.--Any interest accrued on amounts deposited under subsection (c) shall be expended only for purposes approved by a majority vote of the governing body of the County. (3) Limitation.--No amounts made available under this Act shall be used to make payments to an agent or attorney for services rendered with respect to the claims settled by this Act. (e) Satisfaction of Claims.--Acceptance by the County of the payment by the Secretary under subsection (b) constitutes full settlement of the claims of the County (including any person or entity making a claim by, through, or under the County) against the United States, the Department of the Interior, and the Tennessee Valley Authority under the agreement. SEC. 5. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (b) Transfer of Funds.--There is transferred to the Secretary to carry out this Act any unobligated balance of the $16,000,000 originally made available for the construction of and improvements to North Shore Road in the County under section 378 of the Department of Transportation and Related Agencies Appropriation Act, 2001 (114 Stat. 1356A-40).

Swain County Settlement Act of 2004 - Requires the Secretary of the Treasury to: (1) offer to compensate Swain County, North Carolina, for a road along the north shore of the Fontana Resevoir not being built in an amount determined by the parties to a specified agreement dated July 30, 1943, taking into consideration the estimated cost of the proposed road; and (2) pay to the County the amount of compensation determined. Declares that acceptance by the County of such payment by the Secretary constitutes full settlement of the claims of the County against the United States, the Department of the Interior, and the Tennessee Valley Authority (TVA) under the agreement.

A bill to provide for the settlement of the claims of Swain County, North Carolina, against the United States under the agreement dated July 30, 1943.

SECTION 1. FINDINGS. Congress finds the following: (1) Born Cassius Marcellus Clay, Jr., on January 17, 1942, in Louisville, Kentucky, Muhammad Ali was the first child of Cassius, Sr. and Odessa Clay. (2) Muhammad Ali is one of the most celebrated athletes of the 20th century. He has produced some of America's greatest sports memories, from winning a gold medal at the 1960 Summer Olympics to lighting the Olympic torch at the 1996 Summer Olympics. (3) After an impressive amateur career, during which he recorded 131 wins and only 7 losses and won 2 National AAU light heavyweight titles, Muhammad Ali became the first professional boxer in history to capture the heavyweight title 3 separate times. (4) Muhammad Ali defeated every challenger he faced in the ring. But on April 28, 1967, he was stripped of his boxing title and barred from competing for being a conscientious objector to the war in Vietnam on religious and moral grounds. However, following a unanimous United States Supreme Court decision in 1971, Muhammad Ali's conscientious objector status was confirmed, his boxing license was reinstated, and he was cleared of any wrong doing. (5) As an African-American and a Muslim living in an era that continued to question his civil rights, Muhammad Ali battled issues of race and religion, and has received recognition as one of the champions of the Civil Rights Movement in the United States. (6) Muhammad Ali is the recipient of many awards for his sporting prowess and his support of racial harmony, including the Dr. Martin Luther King Memorial Award, the Spirit of America Award, the Amnesty International Lifetime Achievement Award, the Arthur Ashe Award for Courage, the Essence Living Legend Award, the Rainbow Coalition Lifetime Achievement Award, the XNBA Human Spirit Award, the Presidential Citizens Medal, and the Presidential Medal of Freedom. (7) Muhammad Ali has been acknowledged by many organizations for his achievements both inside and outside the boxing ring, including being crowned ``Sportsman of the Century'' by Sports Illustrated, being named ``Athlete of the Century'' by GQ magazine, being named ``Sports Personality of the Century'' by the British Broadcasting Corporation, being named ``Kentucky Athlete of the Century'' by the Kentucky Athletic Hall of Fame, being named ``Kentuckian of the Century'' by the State of Kentucky, being named ``Louisvillian of the Century'' by the Advertising Club of Louisville, being named ``Boxer of the Century'' by the World Sports Awards of the Century, being recognized by the International Boxing Hall of Fame, and receiving honorary doctorate degrees from Muhlenberg College and Western Kentucky University, as well as an honorary doctorate of humanities at Princeton University's 260th graduation ceremony. (8) Muhammad Ali received the prestigious ``Otto Hahn Peace Medal in Gold'' from the United Nations Association of Germany for his work with the United Nations and the Civil Rights Movement in the United States. (9) Muhammad Ali was selected by the California Bicentennial Foundation for the U.S. Constitution to personify the vitality of the Bill of Rights in various high-profile activities. (10) Despite having been diagnosed with Parkinson's Syndrome in the early 1980s, Muhammad Ali has dedicated his life to the cause of universal human rights and freedom. His commitment to equal justice and peace has touched the lives of hundreds of thousands of people worldwide. (11) President Jimmy Carter asked Muhammad Ali to meet with African leaders in Tanzania, Kenya, Nigeria, Liberia, and Senegal as part of President Carter's diplomatic efforts on behalf of human rights in the 1980s. (12) In 1990, Muhammad Ali traveled to the Middle East to seek the release of American and British hostages that were being held as human shields in the first Gulf War. As a result of his intervention, 15 United States hostages were freed on December 2nd. (13) Muhammad Ali was chosen as the ``U.N. Messenger of Peace'' in 1998. (14) Several Presidents of the United States have recognized Muhammad Ali, including President George W. Bush who, on November 17, 2002, called him ``a man of peace'' and stated that ``across the world, billions of people know Muhammad Ali as a brave, compassionate, and charming man, and the American people are proud to call Muhammad Ali one of our own'', President Bill Clinton who stated that Muhammad Ali ``captured the world's imagination and its heart. Outside the ring, Muhammad Ali has dedicated his life to working for children, feeding the hungry, supporting his faith, and standing up for racial equality. He has always fought for a just and more humane world, breaking down barriers here in America and around the world. There are no telling how many tens of millions of people had their hearts swell with pride and their eyes swell with tears in 1996 when Muhammad Ali lit the Olympic torch, because we know, now and forever, he is the greatest'', President Jimmy Carter who cited Muhammad Ali as ``Mr. International Friendship'', and President Barack Obama who, as a Senator, had a framed picture of Muhammad Ali hanging in his office, and before announcing his intentions to run for President, Obama visited with Muhammad Ali at the Ali Center in Louisville, Kentucky. (15) Muhammad Ali continues to encourage humanity through his perseverance and the support of thousands of people. He has helped such organizations as the Chicago-based adoption agency, The Cradle; the Make-A-Wish Foundation; the Special Olympics' organization, Best Buddies; and Herbert E. Birch Services, an organization that runs a school for handicapped children and young adults, in addition to a summer camp for children infected with AIDS. (16) Muhammad Ali and his wife Lonnie are founding directors of the Muhammad Ali Parkinson Center in Phoenix, Arizona, and have helped raise over $50 million for Parkinson's research. The Center's mission is to provide excellence in treatment, research, and education for patients and families affected by Parkinson's disease and other movement disorders, regardless of ability to pay. (17) Muhammad Ali is an inspiration to countless individuals with Parkinson's disease, including members of the Rock Steady Boxing Foundation in Indianapolis, Indiana, which was founded to give people with Parkinson's disease hope by improving their quality of life using boxing for fitness. (18) Muhammad Ali is one of the founding members of Athletes for Hope, an organization created by a few very successful athletes of exemplary character who have a deep commitment to charitable and community causes. (19) Muhammad Ali also established the Muhammad Ali Center in his hometown of Louisville, Kentucky, which promotes respect, hope, and understanding, and inspires people everywhere to be as great as they can be. A visitor of the Muhammad Ali Center experiences the ``hows'' of Ali's life: how he found the courage, the dedication, and the discipline to become who he is today; how he found the conviction to stand up for what he believed; and how he turned his passion for excellence in the ring to a passion for peace on the world stage. (20) Like Muhammad Ali himself, the Muhammad Ali Center focuses on what brings individuals together, not what sets them apart, and is a ``global gathering place'' to which people can come, both online and in person, to learn, share, and celebrate our commonalities as human beings and to formulate ways of advancing humanity. (21) Muhammad Ali has helped to provide more than 22,000,000 aid packets to assist people in need, and until recently traveled, on average, more than 200 days per year for humanitarian causes. (22) Muhammad Ali, known simply as ``the greatest'', has transcended the glamour and glory of being a sports champion to become not only one of the greatest sports figures, but one of the greatest role models of our time. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Muhammad Ali in recognition of his contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authorization To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Muhammad Ali in recognition of his contributions to the nation.

To authorize the President to award a gold medal on behalf of Congress to Muhammad Ali in recognition of his contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership Made Easier Act'' or the ``HOME Act''. SEC. 2. SINGLE FAMILY HOUSING LOAN GUARANTEE PROGRAM. Section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended-- (1) by amending paragraph (3) to read as follows: ``(3) Income limits for eligible borrowers.--To be eligible to receive a guaranteed loan pursuant to this subsection, the income of a borrower-- ``(A) shall not exceed the current 4-person household limit, as defined by the Secretary, for a borrower living in a 1 to 4 person household; ``(B) shall not exceed the current 8-person household limit, as defined by the Secretary, for a borrower living in a 5 to 8 person household; and ``(C) shall not exceed the current household limits for households greater than 8 persons, as defined by the Secretary, for a borrower living in a household of more than 8 persons.''; (2) in paragraph (4)-- (A) in subparagraph (A) by inserting ``and'' after the semicolon; (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) in subparagraph (B), as so redesignated, by striking the period and inserting the following ``having a population of not more than 40,000.''; (3) in paragraph (8), by striking ``1 percent'' and inserting ``2 percent''; (4) by amending paragraph (9) to read as follows: ``(9) Refinancing.-- ``(A) In general.--Any loan guaranteed under this subsection or any loan not guaranteed under this section, but which is owed by an individual who would qualify as an eligible borrower under paragraph (3) on a residence that would qualify under paragraph (4), may be refinanced or extended for any of the following purposes: ``(i) To pay off any other loan (including a first or second purchase mortgage) not made or guaranteed under this section. ``(ii) To repair mechanical or structural deficiencies to the residence of the borrower, provided that such repairs are made under the supervision of an eligible lender, as that term is defined in paragraph (6). ``(iii) To pay for closing costs as may be authorized by the Secretary, which shall include a discount not to exceed 200 basis points and an origination fee not to exceed 100 basis points. For each 100 basis points of discount, there shall be a minimum corresponding reduction of a 50 basis points in the maximum note rate, as defined by the Secretary, charged to the borrower. ``(iv) To allow the borrower to consolidate the debts of the borrower up to the greater of $10,000 or 10 percent of the loan amount, provided that such amounts shall be disbursed by the settlement agent at the time of the loan closing. ``(v) For any other purpose, and under such terms and conditions, as the Secretary shall prescribe. ``(B) Limitation.--Any loan described under subparagraph (A) may not be refinanced or extended for an additional amount or term which exceeds the limitations under this subsection.''; and (5) by adding at the end the following: ``(15) Eligibility not dependent on qualifying under other housing programs.--In no event or circumstance shall an otherwise eligible borrower be denied a loan or loan guarantee under this section solely because such borrower is not eligible (or is eligible and has not applied for) assistance under any other loan, housing, housing assistance, or other housing related program administered, in whole or in part, by the Federal Government.''. SEC. 3. INCOME ADJUSTMENTS FOR MINORS, STUDENTS, AND PERSONS WITH DISABILITIES. Section 501(b)(5)(A) of the Housing Act of 1949 (42 U.S.C. 1472(b)(5)(A)) is amended by inserting before the period the following: ``, except that for purposes of this title the mandatory exclusion amount for minors, students, and persons with disabilities under the definition of adjusted income shall be $2,400''.

Home Ownership Made Easier Act or the HOME Act - Amends the Housing Act of 1949 to revise eligibility, qualifying population limit, guarantee fee, and refinancing requirements of the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Program. Replaces the current 115% of area median income eligibility limit for families with three income tiers, including households of up to four members, of up to eight members, and of over eight members. Repeals the requirement that the loan applicant qualify for other specified federal housing loans as well. Requires the single-family residence acquired or constructed with such a loan to be located in a rural area (as under current law), but allows the area population to range up to 40,000. Increases from 1% to 2% of the principal obligation of a guaranteed loan the guarantee fee which the Secretary may collect from the lender. Permits the refinancing of a guaranteed loan to: (1) pay off any other loan (including a first or second purchase mortgage) not made or guaranteed under such Act; (2) repair mechanical or structural deficiencies to the borrower's residence; (3) pay for authorized closing costs, including a discount of up to 200 basis points and an origination fee of up to 100 basis points; (4) allow the borrower to consolidate debts of up to the greater of $10,000 or 10% percent of the loan amount; and (5) carry out other authorized purposes. Prohibits denial of a loan or loan guarantee to an eligible borrower solely because the borrower is not eligible (or is eligible and has not applied for) assistance under any other federal loan, housing, housing assistance, or other housing related program. Makes $2,400 the mandatory exclusion amount in the adjusted income of minors, students, and persons with disabilities under the farm housing financial assistance program.

A bill to reform the single family housing loan guarantee program under the Housing Act of 1949.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Former American Hostages in Iran Act of 2013''. SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND. (a) Establishment.--There is established in the Treasury a fund, to be known as the ``American Hostages in Iran Compensation Fund'' (in this section referred to as the ``Fund'') for the purpose of making payments to the Americans held hostage in the United States Embassy in Tehran, Iran, in the Iranian Foreign Ministry in Tehran, Iran, and in other locations throughout the nation of Iran, between November 3, 1979, and January 20, 1981, and to members of their families, who are identified as members of the proposed class in case number 1:08-CV- 00487 (EGS) of the United States District Court for the District of Columbia. (b) Funding.-- (1) Imposition of surcharge.-- (A) In general.--There is imposed a surcharge equal to 30 percent of the amount of-- (i) any fine or monetary penalty assessed, in whole or in part, on a person for a violation of a law or regulation specified in subparagraph (B) related to any conduct which occurs or continues after the date of the enactment of this Act, even if commenced before such date of enactment; or (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) agreed to by the United States after the date of the enactment of this Act. The amount referred to in clause (ii) shall not include any amount of judgment or settlement in any action brought or which could be brought pursuant to section 1605A of title 28, United States Code, or section 1605(a)(7) of title 28, United States Code (as such section 1605(a)(7) was in effect on the day before the date of the enactment of National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181)). (B) Laws and regulations specified.--A law or regulation specified in this subparagraph is any law or regulation that provides for a civil or criminal fine or other monetary penalty for any economic activity relating to Iran that is administered by the Department of the Treasury, the Department of Justice, or the Department of Commerce. (C) Termination of deposits.--The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (c)(2) have been distributed to all recipients described in that subsection. (2) Deposits into fund; availability of amounts.-- (A) Deposits.--All surcharges collected pursuant to paragraph (1)(A) shall be deposited into the Fund. (B) Payment of surcharge.--A person on whom a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Fund without regard to whether the fine, penalty, or settlement to which the surcharge applies-- (i) is paid directly to the Federal agency that administers the relevant law or regulation specified in paragraph (1)(B); or (ii) is deemed satisfied by a payment to another Federal agency. (C) Contributions.--The Secretary of State is authorized to accept such amounts as may be contributed by individuals, business concerns, foreign governments, or other entities for payments under this Act. Such amounts shall be deposited directly into the Fund. (D) Availability of amounts in fund.--Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (c). (c) Distribution of Funds.-- (1) Administration of fund.--Payments from the Fund shall be administered by the Secretary of State, pursuant to such rules and processes as the Secretary, in the Secretary's sole discretion, may establish. (2) Payments.--Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts: (A) To each living former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (B) To the estate of each deceased former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (C) To each spouse or child of a former hostage identified as a member of the proposed class described in subsection (a) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage. (3) Priority.--Payments from the Fund shall be distributed under paragraph (2) in the following order: (A) First, to each living former hostage described in paragraph (2)(A). (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B). (C) Third, to each spouse or child of a former hostage described in paragraph (2)(C). (4) Consent of recipient.--A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient. (d) Waiver.--A recipient of a payment under subsection (c) shall waive and forever release all existing claims against Iran and the United States arising out of the events described in subsection (a). (e) Notification of Claimants; Limitation on Review.-- (1) Notification.--The Secretary of State shall notify, in a reasonable manner, each individual qualified to receive a payment under subsection (c) of the status of the individual's claim for such a payment. (2) Submission of additional information.--If the claim of an individual to receive a payment under subsection (c) is denied, or is approved for payment of less than the full amount of the claim, the individual shall be entitled to submit to the Secretary additional information with respect to the claim. Upon receipt and consideration of that information, the Secretary may affirm, modify, or revise the former action of the Secretary with respect to the claim. (3) Limitation on review.--The actions of the Secretary in identifying qualifying claimants and in disbursing amounts from the Fund shall be final and conclusive on all questions of law and fact and shall not be subject to review by any other official, agency, or establishment of the United States or by any court by mandamus or otherwise. (f) Deposit of Remaining Funds Into the Treasury.-- (1) In general.--Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury. (2) Date specified.--The date specified in this paragraph is the later of-- (A) the date on which all amounts described in subsection (c)(2) have been made to all recipients described in that subsection; or (B) the date that is 5 years after the date of the enactment of this Act. (g) Report to Congress.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (f)(2), the Secretary of State shall submit to the appropriate congressional committees a report on the status of the Fund, including-- (1) the amounts and sources of money deposited into the Fund; (2) the rules and processes established to administer the Fund; and (3) the distribution of payments from the Fund. (h) Satisfaction of Claims.--Payments to the Fund shall be made until the amounts described in subsection (c)(2) are satisfied in full. In the event that the President determines that-- (1) any of the laws and regulations referenced in subsection (b)(1)(B) are reduced in scope or effect, or (2) the amounts described in subsection (c)(2) cannot be fully satisfied within 2 years after the date of the enactment of this Act from funds deposited into the Fund, the President shall propose to Congress a program, either employing existing authorities or through new legislative initiatives, to ensure the amounts are satisfied in full within the next 12 months. (i) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Person.--The term ``person'' includes any individual or entity subject to the civil or criminal jurisdiction of the United States.

Justice for Former American Hostages in Iran Act of 2013 - Establishes in the Treasury the American Hostages in Iran Compensation Fund for the purpose of making payments to: (1) the Americans held hostage in the U.S. embassy in Tehran, Iran, and in other locations in Iran, from November 3, 1979, to January 20, 1981; and (2) certain family members. Imposes a surcharge, to be deposited into the Fund, of 30% on any fine or penalty imposed, or settlement entered into, for a violation of any law or regulation for any economic activity regarding Iran that is administered by specified federal departments. Requires Fund payments of: (1) $150,000 plus $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and (2) $5,000 to each eligible spouse or child of a former hostage for each day of the such hostage's captivity. Requires a payment recipient to waive and forever release all existing claims against Iran and the United States arising out of the hostage events. Directs the Secretary of State to notify each individual qualified to receive a payment of the individual's claim status. States that: (1) if a claim is denied or approved for less than the full amount, the individual shall be entitled to submit additional information; (2) the Secretary may affirm, modify, or revise the former action; and (3) the Secretary's actions in identifying claimants and in disbursing Fund amounts shall be final on all questions of law and fact, and shall not be subject to review by any other U.S. official, agency, or court.

Justice for Former American Hostages in Iran Act of 2013

SECTION 1. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE TO SURVIVING SPOUSES. (a) Increase.--Section 1311 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking ``of $1,091'' and inserting ``equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title''; and (2) by adding at the end the following new subsection: ``(g) Notwithstanding any other provision of law (other than section 5304(b)(3) of this title), in the case of an individual who is eligible for dependency and indemnity compensation under this section who is also eligible for benefits under another provision of law by reason of such individual's status as the surviving spouse of a veteran, then, neither a reduction nor an offset in benefits under such provision shall be made by reason of such individual's eligibility for benefits under this section.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is 180 days after the date of the enactment of this Act. SEC. 2. PHASE-IN OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION WITH RESPECT TO VETERANS WHO DIE OF NON-SERVICE CONNECTED DISABILITY AFTER ENTITLEMENT TO COMPENSATION FOR SERVICE- CONNECTED DISABILITY RATED AS TOTALLY DISABLING FOR AT LEAST FIVE YEARS. Section 1318 of title 38, United States Code, is amended-- (1) in subsection (b)(1), by striking ``10 years'' and inserting ``five years''; (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (3) by inserting after subsection (b) the following new subsection (c): ``(c) In the case of a deceased veteran described in subsection (b)(1), benefits under this chapter shall be payable under subsection (a) in amounts as follows: ``(1) If the disability of the veteran described in subsection (b)(1) was continuously rated totally disabling for a period of at least five years, but less than six years, immediately preceding death, at the rate of 50 percent of the benefits otherwise so payable. ``(2) If the disability of the veteran so described was continuously rated totally disabling for a period of at least six years, but less than seven years, immediately preceding death, at the rate of 60 percent of the benefits otherwise so payable. ``(3) If the disability of the veteran so described was continuously rated totally disabling for a period of at least seven years, but less than eight years, immediately preceding death, at the rate of 70 percent of the benefits otherwise so payable. ``(4) If the disability of the veteran so described was continuously rated totally disabling for a period of at least eight years, but less than nine years, immediately preceding death, at the rate of 80 percent of the benefits otherwise so payable. ``(5) If the disability of the veteran so described was continuously rated totally disabling for a period of at least nine years, but less than 10 years, immediately preceding death, at the rate of 90 percent of the benefits otherwise so payable. ``(6) If the disability of the veteran so described was continuously rated totally disabling for a period of at least 10 years immediately preceding death, at the rate otherwise so payable.''. SEC. 3. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER WHICH REMARRIAGE OF SURVIVING SPOUSE SHALL NOT TERMINATE DEPENDENCY AND INDEMNITY COMPENSATION. (a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United States Code, is amended-- (1) in the first sentence, by striking ``age 57'' and inserting ``age 55''; and (2) by striking the second sentence. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is the later of-- (1) the first day of the first month that begins after the date of the enactment of this Act; and (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted. (c) Retroactive Benefits Prohibited.--No benefit may be paid to any person by reason of the amendment made by subsection (a) for any period before the effective date specified in subsection (b). (d) Application for Benefits.--In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) and whose remarriage was before the date of the enactment of this Act and after the individual had attained age 55, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act.

Increases the monthly rates of veterans' dependency and indemnity compensation (DIC) payable to surviving spouses through the Department of Veterans Affairs (VA). Provides a phase-in of DIC payments in the case of veterans who die of a non-service-connected disability after being eligible for at least five years for VA compensation for a service-connected disability rated as total. Reduces from 57 to 55 the age after which the remarriage of a surviving spouse shall not terminate DIC payments.

A bill to amend title 38, United States Code, to provide for an increase in the amount of monthly dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. PRIVATE PROPERTY RIGHTS. (a) Short Title.--This Act may be cited as the ``Private Property Rights Act of 1995''. (b) Findings.--The Congress finds that-- (1) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; and (2) Federal agencies should take into consideration the impact of governmental actions on the use and ownership of private property. (c) Purpose.--The Congress, recognizing the important role that the use and ownership of private property plays in ensuring the economic and social well-being of the Nation, declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. (d) Definitions.--For purposes of this section-- (1) the term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; and (2) the term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. (e) Private Property Taking Impact Analysis.-- (1) In general.--The Congress authorizes and directs that, to the fullest extent possible-- (A) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this title; and (B) subject to paragraph (2), all agencies of the Federal Government shall complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. (2) Nonapplication.--The provisions of paragraph (1)(B) shall not apply to-- (A) an action in which the power of eminent domain is formally exercised; (B) an action taken-- (i) with respect to property held in trust by the United States; or (ii) in preparation for, or in connection with, treaty negotiations with foreign nations; (C) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (D) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (E) the placement of a military facility or a military activity involving the use of solely Federal property; (F) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (G) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (3) Content of analysis.--A private property taking impact analysis shall be a written statement that includes-- (A) the specific purpose of the policy, regulation, proposal, recommendation, or related agency action; (B) an assessment of the likelihood that a taking of private property will occur under such policy, regulation, proposal, recommendation, or related agency action; (C) an evaluation of whether such policy, regulation, proposal, recommendation, or related agency action is likely to require compensation to private property owners; (D) alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur; and (E) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner. (4) Submission to omb.--Each agency shall provide the analysis required by this section as part of any submission otherwise required to be made to the Office of Management and Budget in conjunction with the proposed regulation. (5) Public availability of analysis.--An agency shall-- (A) make each private property taking impact analysis available to the public; and (B) to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected property. (f) Guidance and Reporting Requirements.-- (1) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this section. (2) Reporting.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall provide a report to the Director of the Office of Management and Budget and the Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made pursuant to this paragraph. (g) Presumptions in Proceedings.--For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. (h) Rules of Construction.--Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. (i) Effective Date.--The provisions of this Act shall take effect 120 days after the date of the enactment of this Act.

Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.

Private Property Rights Act of 1995

SECTION 1. PERMANENT EXTENSION OF 50-PERCENT BONUS DEPRECIATION. (a) In General.--Subparagraph (B) of section 168(k)(4) of the Internal Revenue Code of 1986 (relating to special allowance for certain property acquired after September 10, 2001, and before January 1, 2005), as amended by section 201 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, is amended to read as follows: ``(B) 50-percent bonus depreciation property.--For purposes of this subsection, the term `50-percent bonus depreciation property' means property described in paragraph (2)(A)(i)-- ``(i) the original use of which commences with the taxpayer after May 5, 2003, and ``(ii) which is acquired by the taxpayer after May 5, 2003, but only if no written binding contract for the acquisition was in effect before May 6, 2003.''. (b) Repeal of Termination Dates for 30-Percent Bonus Depreciation Property.--Subparagraph (A) of section 168(k)(2) of such Code, as so amended, is amended by adding ``and'' at the end of clause (ii) and by striking clauses (iii) and (iv) and inserting the following new clause: ``(iii) which is-- ``(I) acquired by the taxpayer after September 10, 2001, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after September 10, 2001.''. (c) Technical Amendments.-- (1) Paragraph (2) of section 168(k) of such Code is amended by striking subparagraph (B) and by redesignating the succeeding subparagraphs accordingly. (2) Clause (i) of section 168(k)(2)(C), as redesignated by paragraph (1), is amended by striking ``and before January 1, 2005''. (3) The subsection heading for section 168(k) is amended by striking ``, and Before January 1, 2005''. SEC. 2. LONG-TERM CONTRACT ACCOUNTING. (a) In General.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended by adding after subparagraph (E), as redesignated by section 1, the following new subparagraph: ``(F) Long-term contract accounting.--The percentage of completion method under section 460 shall be applied as if this subsection had not been enacted.'' SEC. 3. ELECTION TO INCREASE MINIMUM TAX CREDIT LIMITATION IN LIEU OF BONUS DEPRECIATION. (a) In General.--Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end of the following new subsection: ``(e) Additional Credit in Lieu of Bonus Depreciation.-- ``(1) In general.--In the case of a corporation making an election under this subsection for a taxable year, the limitation under subsection (c) shall be increased by an amount equal to the bonus depreciation amount. ``(2) Bonus depreciation amount.--For purposes of paragraph (1), the bonus depreciation amount for any taxable year is an amount equal to the product of-- ``(A) 35 percent, and ``(B) the excess (if any) of-- ``(i) the aggregate amount of depreciation which would be determined under section 168 for property placed in service during such taxable year if no election under this subsection were made, over ``(ii) the aggregate allowance for depreciation allowable with respect to such property placed in service for such taxable year. ``(3) Election.--Section 168(k) (other than paragraph (2)(E) thereof) shall not apply to any property placed in service during a taxable year by a corporation making an election under this subsection for such taxable year. An election under this subsection may only be revoked with the consent of the Secretary. ``(4) Credit refundable.--The aggregate increase in the credit allowed by this section for any taxable year by reason of this subsection shall for purposes of this title (other than subsection (b)(2) of this section) be treated as a credit allowed to the taxpayer under subpart C.''. (b) Conforming Amendments.--Subsection (k) of section 168 is amended by adding at the end the following new paragraph: ``(5) Cross reference.-- ``For an election to claim certain minimum tax credits in lieu of the allowance determined under this subsection, see section 53(e).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years ending after May 5, 2003.

Amends the Internal Revenue Code to permanently extend the 50 percent and 30 percent bonus depreciation for certain original use property, including water utility property, computer software, or qualified leasehold improvement property, with a recovery period of 20 years or less. Allows a taxpayer to elect an increased refundable minimum tax credit in lieu of taking a bonus depreciation deduction.

To amend the Internal Revenue Code of 1986 to permanently extend the 50-percent bonus depreciation added by the Jobs and Growth Tax Relief Reconciliation Act of 2003, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Marine Memorial Enhancement Act of 1993''. SEC. 2. CONVEYANCE VESSELS. (a) Authority To Convey.--The Secretary of Transportation may convey without consideration all right, title, and interest of the United States in 2 vessels described in subsection (b) to any nonprofit organization which operates and maintains a Liberty Ship or Victory Ship as a memorial to merchant mariners. (b) Vessels Described.--Vessels which may be conveyed under subsection (a) are vessels which-- (1) are in the National Defense Reserve Fleet on the date of the enactment of this Act; (2) are not less than 4,000 displacement tons; (3) have no usefulness to the Government; and (4) are scheduled to be scrapped. (c) Conditions of Conveyance.--As a condition of conveying any vessel to an organization under subsection (a), the Secretary shall require that before the date of the conveyance the organization enter into an agreement under which the organization shall-- (1) sell the vessel for scrap purposes; (2) use the proceeds of that scrapping for the purpose of refurbishing and making seaworthy a Liberty Ship or Victory Ship which the organization maintains as a memorial to merchant mariners, to enable the ship to participate in 1994 in commemorative activities in conjunction with the 50th anniversary of the Normandy invasion; and (3) return to the United States any proceeds of scrapping carried out pursuant to paragraph (1) which are not used in accordance with paragraph (2). (d) Deposit of Amounts Returned.--Amounts returned to the United States pursuant to subsection (c)(3) shall be deposited in the Vessel Operations Revolving Fund created by the Act of June 2, 1951 (65 Stat. 59; 46 App. U.S.C. 1241a). (e) Delivery of Vessels.--The Secretary shall deliver each vessel conveyed under this section-- (1) at the place where the vessel is located on the date of the approval of the conveyance by the Secretary; (2) in its condition on that date; and (3) without cost to the Government. (f) Expiration of Authority To Convey.--The authority of the Secretary under this section to convey vessels shall expire on the date that is 2 years after the date of the enactment of this Act. SEC. 3. DOCUMENTATION OF VESSELS. (a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of title 46, United States Code, the Secretary of Transportation may issue certificates of documentation with a coastwise endorsement for the following vessels: (1) ABORIGINAL (United States official number 942118). (2) AFTERSAIL (United States official number 689427). (3) ALEXANDRIA (United States official number 586490). (4) AMANDA (Michigan registration number MC-1125-FR). (5) ARBITRAGE II (United States official number 962861). (6) ARIEL (United States official number 954762). (7) BRANDARIS (former United States official number 263174). (8) COMPASS ROSE (United States official number 695865). (9) DIXIE (United States official number 513159). (10) ELISSA (United States official number 697285). (11) EMERALD PRINCESS (former United States official number 530095). (12) ENTERPRISE (United States official number 692956). (13) EUROPA STAR (former United States official number 588270). (14) EUROPA SUN (former United States official number 596656). (15) GAZELA OF PHILADELPHIA (Pennyslvania registration number PA-4339-AF). (16) GRAY (Connecticut registration number CT-5944-AJ). (17) GRIZZLY PROCESSOR (Canadian official number 369183). (18) GUSTO (United States official number 624951). (19) GYPSY COWBOY (United States official number 550771). (20) IMPATIENT LADY (United States official number 553952). (21) ISLAND GIRL (United States official number 674840). (22) JULIET (Michigan registration number MC-1669-LM). (23) KALENA (Hawaii registration number HA-1923-E). (24) LAURISA (United States official number 924052). (25) LIBBY ROSE (United States official number 236976). (26) LISERON (United States official number 971339). (27) MARINE STAR (United States official number 248329). (28) MARINER (United States official number 285452). (29) MARY B (Kentucky registration number KY-0098-HX). (30) MOONSHINE (United States official number 974226). (31) MYSTIQUE (United States official number 921194). (32) NORTHERN LIGHT (United States official number 237510). (33) PAI NUI (Hawaii registration number HA-6949-D). (34) PANDACEA (United States official number 665892). (35) PELICAN (United States official number 234959). (36) PLAY PRETTY (United States official number 975346). (37) PRINCE OF TIDES II (United States official number 903858). (38) RBOAT (United States official number 563955). (39) SABLE (Massachusetts registration number MS-1841-AM). (40) SERENA (United States official number 965317). (41) SHILOH (United States official number 902675). (42) SIDEWINDER (United States official number 991719). (43) SWELL DANCER (United States official number 622046). (44) TESSA (United States official number 675130). (45) TOP DUCK (United States official number 990973). (46) VIKING (United States official number 286080). (47) WHIT CON TIKI (United States official number 663823). (b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) or any other law restricting a foreign-flag vessel from operating in the coastwise trade, the foreign-flag vessel H851 may engage in the coastwise trade to transport an offshore drilling platform jacket from a place near Aransas Pass, Texas, to a site on the Outer Continental Shelf known as Viosca Knoll 989. (c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and sections 12106 and 12107 of title 46, United States Code, the Secretary of Transportation may issue certificates of documentation with a coastwise and Great Lakes endorsement for the vessels LADY CHARL II (United States official number 541399) and LINETTE (United States official number 654318). (d) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with a coastwise endorsement for the vessel M/V TWIN DRILL (Panama official number 8356-PEXT-2) if-- (1) the vessel undergoes a major conversion (as defined in section 2101 of title 46, United States Code) in a United States shipyard; (2) the cost of the major conversion is more than 3 times the purchase value of the vessel before the major conversion; (3) the major conversion is completed and the vessel is documented under chapter 121 of title 46, United States Code, with a coastwise endorsement before June 30, 1995; (4) the person documenting the vessel contracts with a United States shipyard to construct an additional vessel of equal or greater capacity within 12 months of the date of enactment of this Act, for delivery within 36 months of the date of such contract, which vessel shall also be documented under chapter 121 of title 46, United States Code. (e) Notwithstanding sections 12106 and 12108 of title 46, United States Code, the Act of June 19, 1886 (46 App. U.S.C. 289), and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary of Transportation may issue a certificate of documentation with a coastwise and fishery endorsement for the vessel REEL CLASS (Hawaii registration number HA-6566-E). (f) Notwithstanding section 12108 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with a fishery endorsement for the vessel DA WARRIOR (United States official number 962231). (g) Notwithstanding any other law or any agreement with the United States Government, the vessels UST ATLANTIC (United States official number 601437) and UST PACIFIC (United States official number 613131) may be sold to a person that is not a citizen of the United States and transferred to or placed under a foreign registry. (h) Notwithstanding any other law, the vessel AMY CHOUEST (United States official number 995631) is deemed to be less than 500 gross tons, as measured under chapter 145 of title 46, United States Code, for purposes of the maritime laws of the United States. SEC. 4. NAUTICAL CHARTING AND MARINE SAFETY IMPROVEMENTS. No later than 180 days after the date of enactment of this Act, the Secretary of Commerce may deploy a Physical Ocean Real-Time System consisting, at a minimum, of current, wind, tide, salinity, and water level measuring devices and necessary computer links, in Galveston Bay and the Houston Ship Channel. SEC. 5. PILOT PROGRAM ON SEALIFT TRAINING. The Secretary of Transportation shall establish a 3-year pilot program for Sealift Training at the Massachusetts Maritime Academy. Passed the House of Representatives November 20, 1993. Attest: DONNALD K. ANDERSON, Clerk. By Dallas L. Dendy, Jr., Assistant to the Clerk.

Merchant Marine Memorial Enhancement Act of 1993 - Authorizes conveyance without consideration of two vessels in the National Defense Reserve Fleet to any nonprofit organization that operates a Liberty Ship or Victory Ship as a memorial to merchant mariners. Requires the organization to sell the vessel for scrap, use the proceeds to refurbish a Liberty Ship or Victory Ship to enable the ship to participate in activities concerning the 50th anniversary of the Normandy invasion, and return any unused proceeds to the United States for deposit in the Vessel Operations Revolving Fund. (Sec. 3) Authorizes the Secretary of Transportation to issue certificates of documentation with a coastwise endorsement for specified vessels. (Sec. 4) Authorizes the Secretary of Commerce to deploy a physical ocean real-time system consisting, at a minimum, of current, wind, tide, salinity, and water level measuring devices and necessary computer links, in Galveston Bay and the Houston Ship Cannel. (Sec. 5) Directs the Secretary of Transportation to establish a three-year pilot program for sealift training at the Massachusets Maritime Academy.

Merchant Marine Memorial Enhancement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics and Science Education Partnership and Teacher Recruitment Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to encourage States, institutions of higher education, elementary schools, and secondary schools to participate in programs that-- (1) upgrade the status and stature of math and science teaching as a profession by encouraging institutions of higher education to assume greater responsibility for improving math and science teacher education through the establishment of a comprehensive, integrated system of recruiting and advising such teachers; (2) focus on education of math and science teachers as a career-long process that should continuously stimulate teachers' intellectual growth and upgrade teachers' knowledge and skills; (3) bring together elementary school and secondary school math and science teachers with scientists, mathematicians, and engineers to increase teacher content knowledge and improve teaching skills through the use of more sophisticated laboratory space and equipment, computing facilities, libraries, and other resources that colleges and universities are more able to provide; and (4) develop more rigorous mathematics and science curricula that are aligned and intended to prepare students for postsecondary study in mathematics and science. SEC. 3. DEFINITIONS. (a) Incorporation of General Definitions.--The provisions of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply for purposes of this Act in the same manner as they apply for purposes of the Elementary and Secondary Education Act of 1965. (b) Other Definitions.--In this Act: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership that-- (A) shall include-- (i) a State educational agency; (ii) a mathematics or science department of an institution of higher education; and (iii) a local educational agency; and (B) may include-- (i) another institution of higher education or the teacher training department of such institution; (ii) another local educational agency, or an elementary school or secondary school; (iii) a business; or (iv) a nonprofit organization of demonstrated effectiveness, including a museum. (2) High need local educational agency.--The term ``high need local educational agency'' has the meaning given the term in section 201(b) of the Higher Education Act of 1965 (20 U.S.C. 1021(b)). (3) Summer workshop or institute.--The term ``summer workshop or institute'' means a workshop or institute conducted outside of the academic year that-- (A) is conducted during a period of a minimum of 2 weeks; (B) provides for direct interaction between students and faculty; and (C) provides for followup training in the classroom during the academic year for a period of a minimum of 3 days, which shall not be required to be consecutive, except that-- (i) if the program at the summer workshop or institute is for a period of only 2 weeks, the followup training shall be for a period of more than 3 days; and (ii) for teachers in rural school districts, followup training through the Internet may be used. SEC. 4. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to pay the Federal share of the costs of carrying out the authorized activities described in section 6. (b) Duration.--The Secretary shall award grants under this section for periods of 5 years. (c) Federal Share.-- (1) In general.--The Federal share of the costs of the activities assisted under this Act shall be-- (A) 75 percent of the costs for the first year an eligible partnership receives a grant payment under this Act; (B) 65 percent of the costs for the second such year; and (C) 50 percent of the costs for each of the third, fourth, and fifth such years. (2) Non-federal share.--The non-Federal share of the costs of activities assisted under this Act may be provided in cash or in kind, fairly evaluated. SEC. 5. APPLICATION. (a) In General.--Each eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Each such application shall include-- (1) an assessment of the teacher quality and professional development needs of all the entities participating in the eligible partnership with respect to the teaching and learning of mathematics and science, including a statement as to whether the eligible partnership includes a high need local educational agency; (2) a description of how the activities to be carried out by the eligible partnership will be aligned with State and local standards and with other educational reform activities that promote student achievement in mathematics and science; (3) a description of how the activities to be carried out by the eligible partnership will be based on a review of relevant research, and an explanation of why the activities are expected to improve student performance and to strengthen the quality of mathematics and science instruction; and (4) a description of-- (A) how the eligible partnership will carry out the authorized activities described in section 6; and (B) the eligible partnership's evaluation and accountability plan described in section 7. (c) Priority.--The Secretary shall give priority to any application submitted by an eligible partnership that includes a high need local educational agency. SEC. 6. AUTHORIZED ACTIVITIES. An eligible partnership shall use the grant funds provided under this Act for 1 or more of the following activities related to elementary schools or secondary schools: (1) Developing or redesigning more rigorous mathematics and science curricula that are aligned and intended to foster college placement and preparation for postsecondary study in mathematics and science. (2) Creating opportunities for enhanced and ongoing professional development that improves the academic content knowledge of mathematics and science teachers. (3) Recruiting mathematics and science majors to the teaching profession through the use of-- (A) signing bonuses and performance bonuses for mathematics and science teachers; (B) stipends for mathematics teachers and science teachers for certification through alternative routes; (C) scholarships for teachers to pursue advanced course work in mathematics and science; (D) scholarships for students with academic majors in mathematics and science; and (E) carrying out any other program that the State believes to be effective in recruiting individuals with strong mathematics or science backgrounds into the teaching profession. (4) Promoting strong teaching skills for mathematics and science teachers and teacher educators, including integrating reliable research-based teaching methods into the curriculum. (5) Establishing mathematics and science summer workshops or institutes and followup training for teachers, using curricula that are experiment-oriented, content-based, and grounded in current research. (6) Establishing web-based instructional materials for mathematics and science teachers using curricula that are, experiment-oriented, content-based, and grounded in current research. (7) Designing programs to prepare a teacher to provide professional development instruction to other teachers within the participating teacher's school. (8) Designing programs to bring teachers into contact with working scientists, mathematicians, and engineers to increase teachers' content knowledge and enhance teachers' instructional techniques. (9) Designing programs focusing on changing behaviors and practices of teachers to assist novice teachers in developing confidence in their skills to increase the likelihood that such novice teachers will continue in the teaching profession, and to generally improve the quality of teaching. SEC. 7. EVALUATION AND ACCOUNTABILITY PLAN. Each eligible partnership receiving a grant under this Act shall develop an evaluation and accountability plan for activities assisted under this Act that includes strong performance objectives. The plan shall include objectives and measures for-- (1) improved student performance on State mathematics and science assessments or on the Third International Math and Science Study assessment; (2) increased participation by students in advanced courses in mathematics and science; (3) increased percentages of secondary school classes in mathematics and science taught by teachers with academic majors in mathematics and science, respectively; (4) increased numbers of mathematics and science teachers who participate in content-based professional development activities; and (5) increased passing rates of students in advanced courses in mathematics and science. SEC. 8. REPORT; REVOCATION OF GRANT. (a) Report.--Each eligible partnership receiving a grant under this Act shall report annually to the Secretary regarding the eligible partnership's progress in meeting the performance objectives described in section 7. (b) Revocation.--If the Secretary determines that an eligible partnership is not making substantial progress in meeting the performance objectives described in section 7 by the end of the third year of a grant under this Act, then the grant payments shall not be made for the fourth and fifth year of the grant. SEC. 9. CONSULTATION WITH NATIONAL SCIENCE FOUNDATION. In carrying out the activities authorized by this Act, the Secretary shall consult and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for the Department and the Foundation in the conduct of summer workshops or institutes provided by the mathematics and science partnerships to improve mathematics and science teaching in the elementary schools and secondary schools. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 6 succeeding fiscal years.

Mathematics and Science Education Partnership and Teacher Recruitment Act of 2001 - Authorizes the Secretary of Education to make competitive grants to partnerships for specified activities relating to mathematics, science, and technology education and teacher recruitment and training for elementary and secondary schools.Requires each partnership to: (1) include a State educational agency, a mathematics or science department of an institution of higher education, and a local educational agency; and (2) develop an evaluation and accountability plan for the authorized activities.Directs the Secretary to coordinate program activities with the National Science Foundation (NSF), especially with respect to the appropriate roles of the Department of Education and NSF in the conduct of summer workshops or institutes provided by such partnerships.

A bill to support educational partnerships, focusing on mathematics, science, and technology, between institutions of higher education and elementary schools and secondary schools, and for other purposes.

SECTION 1. ESTABLISHMENT. (a) Purpose and Establishment.--In order to conserve, protect, and restore the recreational, ecological, cultural, religious, and wildlife resource values of the Jemez Mountains, there is hereby established the Jemez National Recreational Area (hereinafter in this Act referred to as the ``recreation area''), to be administered by the Secretary of Agriculture (hereinafter in this Act referred to as the ``Secretary''). (b) Area Included.--The recreation area shall be comprised of approximately 57,000 acres of lands and interests in lands within the Santa Fe National Forest as generally depicted on the map entitled ``Jemez National Recreation Area--Proposed'' and dated September 1992. The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, Washington, District of Columbia. The Secretary may from time to time, in consultation with local tribal leaders, make minor revisions in the boundary of the recreation area to promote management effectiveness and efficiency in furtherance of the purposes of this Act. (c) Map and Description.--As soon as practicable after enactment of this Act, the Secretary shall file a map and legal description of the recreation area with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources and the Select Committee on Indian Affairs of the Senate. Such map and legal description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in such legal description and map may be made. Such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. (d) No Additional Lands.--No lands or interests therein outside of the boundaries of the recreation area may be added to the recreation area without specific authorization by Congress. SEC. 2. ADMINISTRATION. (a) In General.--The Secretary shall administer the recreation area in accordance with this Act and the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of the recreation area. Management of the natural resources within the recreation area shall be permitted only to the extent that such management is compatible with and does not impair the purposes for which the recreation area is established. Recreational activities within the recreation area shall include (but not be limited to) hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and swimming. (b) Management Plan.--The Secretary shall, no later than 5 years after the enactment of this Act, develop a management plan for the recreation area, as an amendment to the Santa Fe National Forest Land and Resource Management Plan, to reflect the establishment of the recreation area and to conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Santa Fe Forest Land and Resource Management Plan pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. During development of the management plan for the recreation area, the Secretary shall study newly designated land within the recreation area, and adjacent national forest land. (c) Cultural Resources.--In administering the recreation area, the Secretary shall give particular emphasis to the preservation, stabilization, and protection of cultural resources located within the recreation area in furtherance of the Archaeological Resources Protection Act of 1979, the National Historic Preservation Act, and the Act of August 11, 1978 (42 U.S.C. 1991) (commonly referred to as the ``American Indian Religious Freedom Act''). (d) Native Americans.--(1) In recognition of the historic use of portions of the recreation area by Indian peoples for traditional cultural and customary uses, the Secretary shall, subject to the provisions of section 2(n) in consultation with local tribal leaders, ensure the protection of religious and cultural sites and provide access from time to time to those sites by Indian peoples for traditional cultural and customary uses. Such access shall be consistent with the purpose and intent of the Act of August 11, 1978 (42 U.S.C. 1991) (commonly referred to as the ``American Indian Religious Freedom Act''). The Secretary, in accordance with such Act, upon request of an Indian tribe or pueblo, may from time to time temporarily close to general public use one or more specific portions of the recreational area in order to protect traditional and customary uses in such portions by Indian peoples. (2) In preparing and implementing management plans for the recreation area, the Secretary shall request that the Governor of the Pueblo of Jemez and the chief executive officers of other appropriate Indian tribes and pueblos make recommendations on methods of-- (A) assuring access to religious and cultural sites; (B) enhancing the privacy and continuity of traditional cultural and religious activities in the recreation area; and (C) protecting traditional cultural and religious sites in the recreation area. (e) Wildlife Resources.--In administering the recreation area, the Secretary shall give particular emphasis to the conservation and protection of wildlife resources, including species listed as sensitive by the Forest Service, within the recreation area and shall comply with applicable Federal and State laws relating to wildlife, including the Endangered Species Act of 1973. (f) Hunting.--The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction of the Secretary within the recreation area in accordance with applicable Federal and State law. (g) Timber Harvesting.--The Secretary may permit timber harvesting in the recreation area for commercial purposes, including (but not limited to) vigas, latillas, the gathering of fuelwood, and for purposes of public safety, recreation, wildlife, and administration, insofar as the harvesting is compatible with the purposes of the recreation area. Trees damaged or downed due to fire, disease, or insect infestation may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary in furtherance of the purposes of this Act. Nothing in this Act shall be construed to affect the timber sales under contract on the date of enactment of this Act. Nothing in this Act shall be construed to effect the Los Griegos timber sale in the Los Griegos Diversity Unit number 0322 as shown on the West Half Diversity Unit map of the Santa Fe National Forest dated November 1991; except that the Secretary shall manage such sale using uneven aged management including the individual tree selection method. (h) Grazing.--The Secretary may permit grazing within the recreation area in accordance with regulations prescribed by the Secretary. Riparian areas shall be managed in such a manner as to protect their important resource values. (i) Transportation Plan.--(1) Within 1 year after the date of enactment of this Act, the Secretary shall prepare a transportation plan that provides for the most efficient use of roads and trails to accomplish the purposes of this Act. The plan shall provide for a comprehensive trails system that provides for dispersed recreation while minimizing impact on significant archaeological and religious sites. (2) The Secretary shall construct, maintain, and close roads within the recreation area after consultation with local tribal leaders and only in accordance with such plan. (j) Recreational Facilities.--The Secretary shall provide for recreational facilities within the recreation area. Such facilities shall be constructed so as to minimize impacts on the scenic beauty, the natural character, and the archaeological and religious sites of the recreation area. (k) Visitor Facilities.--The Secretary shall establish a visitor center and interpretive facilities in or near the recreation area for the purpose of providing for education relating to the interpretation of cultural and natural resources of the recreation area. (l) Power Transmission Lines.--In accordance with Federal and State laws and regulations, the Secretary may permit a utility corridor for high power electric transmission lines within the recreation area only when the Secretary determines that-- (1) there is not a feasible alternative for the location of such corridor; (2) damage to the recreational and scenic quality and to the archaeological and religious sites of the recreation area will not be significant; (3) it is in the public interest that such corridor be located in the recreation area; and (4) a plan to minimize harm to the resources of the recreation area has been developed. (m) Scientific Investigations.--The Secretary may permit scientific investigations within the recreation area upon the Secretary's determination that such investigations are in the public interest and are compatible with the purposes of this Act. (n) Resource Protection.--The Secretary may designate zones where, and establish periods when, any activity otherwise permitted in the recreation area will not be permitted for reasons of public safety, administration, fish and wildlife management, protection of archaeological or cultural resources, or public use and enjoyment. Except in emergencies such designations by the Secretary shall be put into effect only after consultation with the appropriate State agencies, appropriate tribal leaders, and other affected parties. SEC. 3. MINERALS AND MINING. (a) Limitation on Patent Issuance.--(1) Notwithstanding any other provision of law, no patents shall be issued after May 30, 1991, for any location or claim made in the recreation area under the mining laws of the United States. (2) Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right by enactment of paragraph (1) may file in the United States Claims Court a claim against the United States within 1 year after the date of enactment of this Act seeking compensation for such property right. The United States Claims Court shall have jurisdiction to render judgment upon any such claim in accordance with section 1491 of title 28, United States Code. (b) Withdrawal.--Subject to valid existing rights, after the date of enactment of this Act, lands within the recreation area withdrawn from location under the general mining laws and from the operation of the mineral leasing, geothermal leasing, and mineral material disposal laws. (c) Reclamation.--No mining activity involving any surface disturbance of lands or waters within such area, including disturbance through subsidence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition. (d) Mining Claim Validity Review.--The Secretary of Agriculture shall undertake and complete within 3 years after the date of enactment of this Act an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the recreation area. Upon determination by the Secretary of Agriculture that the elements of a contest are present, the Secretary of the Interior shall immediately determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void. (e) Public Purposes.--The Secretary may utilize mineral materials from within the recreation area for public purposes such as maintenance and construction of roads, trails, and facilities as long as such use is compatible with the purposes of the recreation area. SEC. 4. ADJOINING LANDS. The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of Public Law 101-556 (104 Stat. 2764), known as the Baca Location Number 1. The Secretary, in consultation with local tribal leaders and the National Park Service, shall, no later than 2 years after enactment of this Act, submit recommendations with respect to future boundaries for the recreation area. SEC. 5. ACQUISITION OF LAND. (a) State Land.--Land and interests in land within the boundaries of the recreation area that are owned by the State of New Mexico, or a political subdivision of New Mexico, may be acquired only by donation or exchange. (b) Offers to Sell.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange. (2) Limitation.--The Secretary may not acquire lands within the recreation area without the consent of the owner thereof unless the Secretary has determined that such lands will be put to a use different from their use as of the date of enactment of this Act and that such new use would be incompatible with the protection of the natural and cultural resources of the recreation area. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Establishes the Jemez National Recreational Area in New Mexico. Directs the Secretary of Agriculture to develop a management plan for the Area. Requires the Secretary, in consultation with local tribal leaders, to: (1) protect religious and cultural sites in the Area; and (2) provide access to such sites by Indian peoples for traditional cultural and customary uses. Authorizes the Secretary to permit timber harvesting for commercial purposes as long as it is compatible with the Area's purposes. Requires preparation of a transportation plan to provide for the most efficient use of existing roads and trails, including a system for dispersed recreation which minimizes its impact on significant archaeological and religious sites. Provides for recreational facilities within the Area and a visitor center. Authorizes the Secretary to permit a utility corridor for high power electric transmission lines and scientific investigations. Allows the Secretary to designate zones where, and establish periods when, activities otherwise permitted in the recreation area will not be permitted for reasons of public safety, administration, fish and wildlife management, protection of archaeological or cultural resources, or public use. Prohibits the issuance of any mining location or claim patents after May 30, 1991, with respect to the Area. Permits any party deprived of property rights by such prohibition to file a compensation claim against the United States in the U.S. Claims Court. Withdraws lands within the Area from U.S. mining, mineral leasing, and related laws. Directs the Secretary to expedite a program to determine the validity of all unpatented mining claims within the Area. Authorizes the Secretary to: (1) use mineral materials from within the Area for public purposes; and (2) evaluate adjoining lands for possible inclusion in the Area. Directs the Secretary, in consultation with local tribal leaders and the National Park Service, to submit recommendations to the Congress with respect to future boundaries for the Area. Permits lands within the recreation area that are owned by the State of New Mexico or a political subdivision to be acquired only by donation or exchange. Authorizes appropriations.

To establish the Jemez National Recreation Area in the State of New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening With Dignity Act of 2018''. SEC. 2. TSA SCREENING PROCEDURES AND TRAINING. (a) Development of Procedures.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall develop procedures to appropriately and respectfully screen self-identified transgender passengers. In developing such procedures, the Administrator shall take into consideration the particular needs of persons whose gender identity is different or is perceived to be different from their assigned sex at birth and the particular impact of screening on transgender passengers as opposed to the general population of passengers. (b) Training of TSOs and Implementation of Procedures.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall begin conducting in-person training of all Transportation Security Officers on the screening procedures developed under subsection (a) and shall implement such procedures. Such training shall be designed and, wherever practicable, delivered with the participation of community groups representing the transgender traveler population. SEC. 3. PROTECTION OF PASSENGERS. The Administrator shall take such steps as may be necessary to ensure each of the following with respect to passenger screening: (1) The prohibition on human viewing of individual passenger images. (2) The prohibition on retention of individual passenger image data. (3) That passengers are provided with an alternative to advanced imaging technology scans. (4) That pat-downs of passengers are required to be conducted by an officer of the gender requested by the passenger. (5) That each passenger is provided with the option of a private screening with the witness of the passenger's choice. (6) That passengers are only required to lift or remove clothing exposing sensitive areas of the body or to remove prostheses when no less intrusive screening method is available and the passenger is provided with visual privacy via a drape or other means in a private screening area. (7) The prohibition of profiling or other discrimination on the basis of race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, parental status, or gender identity. SEC. 4. REPORT ON SCREENING EQUIPMENT. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall conduct a study on the cost and feasibility of retrofitting advanced image technology screening equipment, or of developing new such equipment, with the capability to distinguish between foreign objects and human body parts in a manner that is effectively gender neutral or which operates in some other gender neutral manner. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a report containing the results of the study conducted under subsection (a). SEC. 5. REPORT ON ADVANCED IMAGING TECHNOLOGY. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall conduct a study that evaluates the particular impact that advanced imaging technology has on self- identified transgender and gender nonconforming passengers as opposed to the general population of passengers. Such study shall include an examination of instances since 2010 in which a self-identified transgender or gender nonconforming passenger was required to undergo an additional screening procedure after screening with advanced imaging technology resulted in an alarm. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study conducted under subsection (a). Such report shall include recommendations to reduce any particular impact of screening on transgender passengers and involve the consultation and input of community groups representing the transgender traveler population. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. (2) Advanced imaging technology.--The term ``advanced imaging technology'' has the meaning given the term in section 826(l)(1)(A) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44901(l)(1)(A)). (3) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.

Screening With Dignity Act of 2018 This bill directs the Transportation Security Administration (TSA) to develop procedures to appropriately and respectfully screen self-identified transgender air passengers and begin training of all TSA Officers on such procedures. The TSA must implement protections for transgender passengers including prohibiting human viewing of passenger images and conducting pat-downs by an officer of the gender requested by the passenger. The TSA shall separately study and report on: (1) the cost and feasibility of retrofitting advanced image technology screening equipment to distinguish between foreign objects and human body parts in a manner that is gender neutral, and (2) the impact of imaging technology on transgender passengers.

Screening With Dignity Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Striped Bass Protection Act of 2003''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To establish measures to minimize bycatch and the mortality of such bycatch of Atlantic Striped Bass, Morone saxatilis, occurring in the non-directed fisheries that operate in the Mid-Atlantic exclusive economic zone and encounter Atlantic Striped Bass during seasonal migrations. (2) To direct the Secretary of Commerce to conduct a study of existing and new fishery observer data, to effectively map migratory patterns, delineate wintering areas, and feeding grounds of Atlantic Striped Bass in the Mid-Atlantic exclusive economic zone. (3) To delineate areas of highest Atlantic Striped Bass discard and bycatch associated with mobile net gear on a seasonal-, spatial-, temporal-, and gear-specific basis in the waters off the Mid-Atlantic coast of the United States. (4) To identify, through analysis of historical and forthcoming at sea observer data, gear types, and fisheries that experience high levels of Atlantic Striped Bass discard and bycatch. (5) To protect the historical opportunities of the recreational Atlantic Striped Bass fishery, to protect the various businesses and economic niches that are wholly or partly dependent upon the recreational Atlantic Striped Bass fishery, to protect the seasonal aggregations of Atlantic Striped Bass that occur on wintering feeding grounds, to protect the seasonal migrations of Atlantic Striped Bass that occur in the Mid-Atlantic exclusive economic zone, to amass an understanding of the bycatch of Atlantic Striped Bass in the non-directed commercial fisheries. (6) To protect the historical opportunities of the recreational Striped Bass fishery to ensure the maintenance of the Atlantic Striped Bass stock and will help achieve the conservation goals. SEC. 3. FINDINGS. The Congress finds the following: (1) Once primarily a coastal, near shore fishery, increasing numbers of Atlantic Striped Bass are occupying the Mid-Atlantic exclusive economic zone as management measures have rebuilt stock levels to unprecedented levels. (2) Variations in weather and oceanographic patterns have allowed Atlantic Striped Bass to expand their range farther offshore into the Mid-Atlantic exclusive economic zone. (3) Extensive coastal migrations of Atlantic Striped Bass, which tend to be age- and sex-dependent, occur annually in the Mid-Atlantic exclusive economic zone. (4) Atlantic Striped Bass also aggregate on bottom features that tend to hold forage fish, including herring, mackerel, menhaden, and utilize these areas as winter-feeding grounds. (5) These life history characteristics make large numbers of Atlantic Striped Bass vulnerable to commercial fishing gear. (6) Commercial fishing efforts coinciding with coastal migrations of Atlantic Striped Bass and that occur on winter- feeding grounds is creating a bycatch problem. (7) A Federal moratorium on harvesting of Atlantic Striped Bass in the Mid-Atlantic exclusive economic zone was implemented in 1990 and it imposed possession and harvest prohibitions by both recreational and commercial fishermen. This conservation measure contributed to the eventual recovery of the Atlantic Striped Bass stock and continues to keep Atlantic Striped Bass fishing mortality rate below the applicable target. Yet the bycatch problem in the Mid-Atlantic exclusive economic zone by the non-directed fisheries is having a negative effect on these benefits and further is in violation of the national standard set forth in section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act. (8) As the bycatch of Atlantic Striped Bass increases, it may increase the fishing mortality rate of Atlantic Striped Bass above the 0.30 target as dictated in Amendment 6 of the Interstate Fishery Management Plan for Atlantic Striped Bass. Provisions in Amendment 6 further attempt to increase the number of larger Atlantic Striped Bass in the population and develop a fuller age structure. Preliminary reports indicate that the growing stock of Atlantic Striped Bass in the Mid- Atlantic exclusive economic zone is largely composed of older fish, which would compromise the conservation goals of Amendment 6 which attempts to increase the percentage of the larger Atlantic Striped Bass. This Act will initiate data collection to better understand this issue and move forward with the necessary management measures. SEC. 4. STUDY OF ATLANTIC STRIPED BASS IN THE MID-ATLANTIC EXCLUSIVE ECONOMIC ZONE. (a) In General.--The Secretary of Commerce shall conduct a study-- (1) to use data gathered by observers on fishing vessels to effectively map migratory patterns, wintering areas, and feeding grounds of Atlantic Striped Bass in the waters of the Mid-Atlantic exclusive economic zone-- (A) including-- (i) data from observer trip records from 1992 through 2002; and (ii) data regarding fisheries using anchored sink gillnets, drift sink gillnets, small mesh trawls, large mesh trawls, mid-water trawls, and pair trawls; and (B) paying particular attention to trips targeting monkfish, herring, mackerel, spiny dogfish, weakfish, croaker, summer flounder, and loligo; (2) use data referred to in paragraph (1) to-- (A) identify and map, on a spatial and temporal scale, locations in which deployed gear caught or discarded Atlantic Striped Bass in excess of 10 percent of the target species landed on that trip; and (B) identify gear types that result in catch or discard of bycatch of Atlantic Striped Bass in excess of 10 percent of the total of target species landed; (3) confirm data referred to in paragraph (1), using observers on-- (A) fishing vessels operating in areas and during times identified under paragraph (2)(A); and (B) fishing vessels using gear identified under paragraph (2)(B). (b) Report.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the findings and conclusions of the study under this section. (2) Contents.--The report shall include the following: (A) The months of the year during which Atlantic Striped Bass are most abundant in the Mid-Atlantic exclusive economic zone. (B) The areas in the Mid-Atlantic exclusive economic zone that are wintering grounds for Atlantic Striped Bass. (C) The areas in the Mid-Atlantic exclusive economic zone that are feeding grounds for Atlantic Striped Bass. (D) The areas in the Mid-Atlantic exclusive economic zone where the core of the annual coastal migration of Atlantic Striped Bass is located on a weekly basis. (E) The estimated biomass, age structure, and sex ratio of the annual coastal migration of Atlantic Striped Bass. (F) The months each year in which the coastal migration of Atlantic Striped Bass experiences elevated levels of bycatch in the non-directed commercial fisheries. (G) The gear types that account for the highest amounts of Atlantic Striped Bass bycatch. (H) A description of how the actions of the non- directed Atlantic Striped Bass commercial fisheries in Mid-Atlantic exclusive economic zone-- (i) affect recreational opportunities in the fishery; and (ii) affect the Atlantic Striped Bass stock as one management unit. SEC. 5. MANAGEMENT MEASURES. (a) In General.--Not later than 1 year after the date the Secretary submits the report under section 4(b), the Secretary shall promulgate regulations under section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) that are based on the findings of the study under section 4 of this Act and that establish conservation and management measures (as that term is used in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to minimize the bycatch and mortality of bycatch of Atlantic Striped Bass caught in non-directed commercial fishing in the Mid-Atlantic exclusive economic zone. (b) Temporary Closures.-- (1) In general.--Regulations under this section shall include temporary closure of any area identified in the study under section 4 as a location in which there is a particularly high level of Atlantic Striped Bass in non-directed commercial fishing, under which the deployment of net, finfish trap, or longline gear by any vessel fishing under a Federal fishing permit shall be prohibited. (2) Duration and location.--The Secretary shall-- (A) base the duration and location of any temporary closure on the findings of an analysis of observer data; and (B) design the period of such closure to coincide with periods in which there are high levels of Striped Bass interactions in the exclusive economic zone. (c) Possession Regulations.--Regulations under this section shall not affect regulations in effect on the date of the enactment of this Act under section 9 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 5158) governing possession of Atlantic Striped Bass in the Mid- Atlantic exclusive economic zone. SEC. 6. PEER REVIEW. Before issuing any final report under section 4 or final regulations under section 5, the Secretary shall submit the report or regulations, respectively to peer review by the Northeast Fishery Science Center of the National Marine Fisheries Service. SEC. 7. DEFINITIONS. In this Act: (1) Mid-atlantic exclusive economic zone.--The term ``Mid- Atlantic exclusive economic zone'' means waters of the exclusive economic zone along the Atlantic coast of the United States located between 41 deg.5' North latitude and 35 deg.10' south latitude. (2) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term is section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Atlantic Striped Bass Protection Act of 2003 - Directs the Secretary of Commerce to study and report to Congress on data gathered by observers on fishing vessels to: (1) map migratory patterns, wintering areas, and feeding grounds of Atlantic Striped Bass in the waters of the Mid-Atlantic exclusive economic zone; and (2) identify and map locations in which deployed gear caught or discarded Atlantic Striped Bass in excess of ten percent of the target species landed on the same trip. Requires the Secretary, based on study findings, to promulgate regulations under the Atlantic Striped Bass Conservation Act that establish conservation and management measures to minimize the bycatch and mortality of bycatch of Atlantic Striped Bass caught in non-directed commercial fishing in the Mid-Atlantic exclusive economic zone. Requires such regulations to include temporary closure of any identified location in which there is a particularly high level of Atlantic Striped Bass in non-directed commercial fishing, under which the deployment of net, finfish trap, or longline gear by any vessel fishing under a Federal fishing permit shall be prohibited.

To direct the Secretary of Commerce to conduct a study of existing and new fishery observer data to effectively map migratory patterns, delineate wintering areas and feeding grounds of Atlantic Striped Bass in the Mid-Atlantic exclusive economic zone, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Investment and Jobs Act of 2014''. SEC. 2. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE INVESTMENT TRUSTS. (a) In General.--Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking all that precedes ``If any class'' and inserting the following: ``(3) Exceptions for certain stock.-- ``(A) Exception for stock regularly traded on established securities markets.--'', (2) by inserting before the period the following: ``. In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting `10 percent' for `5 percent''', and (3) by adding at the end the following new subparagraph: ``(B) Exception for certain stock in real estate investment trusts.-- ``(i) In general.--Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds more than 10 percent of the stock of such real estate investment trust (determined by applying the constructive ownership rules of section 897(c)(6)(C)). ``(ii) Qualified shareholder.--For purposes of this subparagraph, the term `qualified shareholder' means an entity-- ``(I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, ``(II) that is a qualified collective investment vehicle, ``(III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and ``(IV) that maintains records on the identity of each person who, at any time during the qualified shareholder's taxable year, is the direct owner of 5 percent or more of the class of interest described in clause (III). ``(iii) Qualified collective investment vehicle.--For purposes of this subparagraph, the term `qualified collective investment vehicle' means an entity that-- ``(I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, or ``(II) is designated as a qualified collective investment vehicle by the Secretary and is either-- ``(aa) fiscally transparent within the meaning of section 894, or ``(bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors.''. (b) Distributions by Real Estate Investment Trusts.--Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``(10 percent in the case of stock of a real estate investment trust)'' after ``5 percent of such class of stock'', and (2) by inserting ``, and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B)'' before the period at the end of the second sentence. (c) Definition.--Subparagraph (B) of section 897(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``In determining whether a qualified investment entity is domestically controlled-- ``(i) a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership, ``(ii) any stock in the qualified investment entity held by another qualified investment entity-- ``(I) any class of stock of which is regularly traded on an established stock exchange, or ``(II) which is a regulated investment company which issues redeemable securities (within the meaning of section 2 of the Investment Company Act of 1940), shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled (as determined under this subparagraph) in which case such stock shall be treated as held by a United States person, and ``(iii) any stock in the qualified investment entity held by any other qualified investment entity not described in subclause (I) or (II) of clause (ii) shall only be treated as held by a United States person to the extent that the stock of such other qualified investment entity is (or is treated under this subparagraph as) held by a United States person.''. (d) Conforming Amendment.--Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``more than 5 percent'' and inserting ``more than 5 or 10 percent, whichever is applicable,'', and (2) by striking ``substituting `5 percent' for `50 percent')'' and inserting ``substituting `5 percent or 10 percent, whichever is applicable' for `50 percent')''. (e) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions.--The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions.--The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. SEC. 3. UNITED STATES REAL PROPERTY INTEREST. (a) United States Real Property Interest.--Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes ``(i) as of the date of the disposition'' and inserting the following: ``(B) Exclusion for interest in certain corporations.--The term `United States real property interest' does not include any interest in a corporation (other than a qualified investment entity (as defined in subsection (h)(4)(A)(i)) if--''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. REQUIRED NOTIFICATION OF FIRPTA STATUS. (a) In General.--Section 6039C of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Required Notification of Status as United States Real Property Holding Corporation; Presumption of Foreign Control for Qualified Investment Entities.-- ``(1) Required notification of status as united states real property holding corporation.--Any United States real property holding corporation (as defined in section 897(c)(2)) is hereby required to make its status as a United States real property holding corporation readily accessible, and in the case of a publicly traded corporation, publicly available. Under regulations prescribed by the Secretary, such notifications may include disclosure of such status on Form 1099s sent to shareholders, in annual reports, on websites, and, in the case of privately held corporations, on stock certificates. ``(2) Presumption of foreign control of qualified investment entities.--In the absence of disclosure to the contrary (in such form and manner as the Secretary may prescribe), any qualified investment entity (as defined in section 897(h)(4)(A)) will be presumed for purposes of section 897 to be foreign controlled. ``(3) Penalty for failure to make notification of status.-- The penalty provided under section 6721 shall apply to any failure to comply with the requirements of paragraph (1), with the following modifications-- ``(A) in the case of a corporation other than a corporation which meets the gross receipts test of section 6721(d)(2), the minimum penalty imposed under such section shall be equal to the maximum penalty provided under section 6721(a)(1), ``(B) in the case of a corporation which holds United States real estate with a gross fair market value of at least $1,000,000,000-- ``(i) the minimum penalty imposed under such section shall be equal to $5,000,000, and ``(ii) in the case of an intentional failure, the minimum penalty imposed under such section shall be the greater of the penalty provided under section 6721(e) or $10,000,000.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REQUIRE FIRPTA WITHHOLDING BY BROKERS ON SALES BY SHAREHOLDERS OWNING A MORE THAN 5 PERCENT INTEREST. (a) In General.--Section 1445(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Broker withholding obligation on certain dispositions of nondomestically controlled united states real property holding corporations.-- ``(A) In general.--In the case of any disposition of an interest in a United States real property holding corporation (as defined in section 897(c)(2)) involving a broker (as defined in section 6045(c)), such broker shall be required to deduct and withhold a tax equal to 10 percent of the amount realized on the disposition. ``(B) Exceptions.-- ``(i) Domestic qualified investment entities and real estate investment trusts.-- Subparagraph (A) shall not apply to sales of stock of a domestically controlled qualified investment entity (as defined in section 897(h)(4)) or stock of a real estate investment trust that is not treated as a United States real property interest pursuant to section 897(c)(3)(B). ``(ii) Greater than 5 percent interest in united states real property holding corporation.--Subparagraph (A) shall not apply if the transferee held a greater than 5 percent interest (or in the case of the disposition of any class of stock of a real estate investment trust that is regularly traded on an established securities market, a greater than 10 percent interest) in the United States real property holding corporation. In determining whether that threshold is met, brokers are permitted to rely on public statements made by public companies, including statements related to the status of the company as a United States real property holding corporation or as a domestically controlled qualified investment entity. ``(iii) Lack of broker knowledge.-- Subparagraph (A) shall apply only if the broker had actual knowledge (or reasonably should have known) of their withholding obligation.''. (b) Conforming Amendment.--Section 1445(b)(6) of the Internal Revenue Code of 1986 is amended by striking ``This paragraph'' and inserting ``Except as provided in subsection (e)(7), this paragraph''. (c) Effective Date.--The amendments made by this section shall apply to dispositions after the date of the enactment of this Act. SEC. 6. INTERESTS IN RICS AND REITS NOT EXCLUDED FROM DEFINITION OF UNITED STATES REAL PROPERTY INTERESTS. (a) In General.--Section 897(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) neither such corporation nor any predecessor of such corporation was a regulated investment company or a real estate investment company at any time during the period described in subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to dispositions after the date of the enactment of this Act. SEC. 7. DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE FOR DEDUCTION FOR UNITED STATES SOURCE PORTION OF DIVIDENDS FROM CERTAIN FOREIGN CORPORATIONS. (a) In General.--Section 245(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Dividends derived from rics and reits ineligible for deduction.--Regulated investment companies and real estate investment trusts shall not be treated as domestic corporations for purposes of paragraph (5)(B).''. (b) Effective Date.--The amendment made by this section shall apply to dividends received from regulated investment companies and real estate investment trusts on or after the date of the enactment of this Act.

Real Estate Investment and Jobs Act of 2014 - Amends the Internal Revenue Code to: (1) increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act (FIRPTA) relating to foreign investment in U.S. real property interests; (2) require a U.S. real property holding corporation to make its status readily accessible and publicly available; (3) require brokers who sell an interest in a U.S. real property holding corporation to deduct and withhold 10% on the amount realized from the sale, with specified exceptions; (4) include regulated investment companies (RICs) and real estate investment companies (REITs) in the definition of U.S. real property interests; and (5) deny dividends derived from RICs and REITs a tax deduction for the U.S. source portion of dividends from certain foreign corporations.

Real Estate Investment and Jobs Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Cooperative Federalism Act of 2013''. SEC. 2. STATE WATER QUALITY STANDARDS. (a) State Water Quality Standards.--Section 303(c)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking ``(4)'' and inserting ``(4)(A)''; (3) by striking ``The Administrator shall promulgate'' and inserting the following: ``(B) The Administrator shall promulgate''; and (4) by adding at the end the following: ``(C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of this Act.''. (b) Federal Licenses and Permits.--Section 401(a) of such Act (33 U.S.C. 1341(a)) is amended by adding at the end the following: ``(7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination.''. (c) State NPDES Permit Programs.--Section 402(c) of such Act (42 U.S.C. 1342(c)) is amended by adding at the end the following: ``(5) Limitation on authority of administrator to withdraw approval of state programs.--The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding-- ``(A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. (d) Limitation on Authority of Administrator To Object to Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is amended by adding at the end the following: ``(5) The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of-- ``(A) the Administrator's interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or ``(B) the implementation of any Federal guidance that directs the interpretation of the State's water quality standards.''. SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. (a) Authority of EPA Administrator.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended-- (1) by striking ``(c)'' and inserting ``(c)(1)''; and (2) by adding at the end the following: ``(2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1).''. (b) State Permit Programs.--The first sentence of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The Governor of any State desiring to administer its own individual and general permit program for the discharge'' and inserting ``The Governor of any State desiring to administer its own individual and general permit program for some or all of the discharges''. SEC. 4. DEADLINES FOR AGENCY COMMENTS. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended-- (1) in subsection (m) by striking ``ninetieth day'' and inserting ``30th day (or the 60th day if additional time is requested)''; and (2) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; and (B) by adding at the end the following: ``(2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection.''. SEC. 5. APPLICABILITY OF AMENDMENTS. The amendments made by this Act shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated as of such date of enactment. SEC. 6. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any covered action, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection.--A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered action.--The term ``covered action'' means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact.--The term ``more than a de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.

Clean Water Cooperative Federalism Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Administrator of the Environmental Protection Agency (EPA) from: promulgating a revised or new water quality standard for a pollutant when the Administrator has approved a state water quality standard for such pollutant unless the state concurs with the Administrator's determination that the revised or new standard is necessary to meet the requirements of such Act; taking action to supersede a state's determination that a discharge will comply with effluent limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment effluent standards under such Act; withdrawing approval of a state program under the National Pollution Discharge Elimination System (NPDES), limiting federal financial assistance for a state NPDES program, or objecting to the issuance of a NPDES permit by a state on the basis that the Administrator disagrees with the state regarding the implementation of an approved water quality standard or the implementation of any federal guidance that directs the interpretation of such standard; or denying or restricting the use of an area as a disposal site for the discharge of dredged or fill material into navigable waters in a permit if the state where the discharge originates does not concur with the Administrator's determination that the discharge will result in an unacceptable adverse effect on municipal water supplies, shellfish beds, and fishery areas. Shortens the period in which the Director of the United States Fish and Wildlife Service must submit comments with respect to a general dredge and fill permit application. Requires the Administrator and other agencies to submit comments on an application for a general permit or a permit to discharge into navigable waters at specified disposal sites within 30 days (or 60 days if additional time is requested) after the date of receipt of such application. Applies this Act to actions taken on or after this Act's date of enactment, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated. Requires the Administrator, before issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under this Act, to analyze the impact, disaggregated by state, of such action on employment levels and economic activity. Directs the Administrator to: (1) post such analysis on EPA's website; (2) request that the governor of any state experiencing more than a de minimis negative impact on employment levels or economic activity (a loss of more than 100 jobs or a decrease in economic activity of more than $1 million) post such analysis in the state's capitol; (3) hold a public hearing in each state where such action will have more than a de minimis negative impact; and (4) give notice of such impact to states' congressional delegations, governors, and legislatures.

Clean Water Cooperative Federalism Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a procurement contract within the meaning of 6303 of title 31, United States Code. (2) Cooperative agreement.--The term ``cooperative agreement'' means a cooperative agreement within the meaning of section 6305 of title 31, United States Code. (3) Grant.--The term ``grant'' means a grant agreement within the meaning of section 6304 of title 31, United States Code. (4) Methane hydrate.--The term ``methane hydrate'' means a methane clathrate that-- (A) is in the form of a methane-water ice-like crystalline material; and (B) is stable and occurs naturally in deep-ocean and permafrost areas. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) Secretary of defense.--The term ``Secretary of Defense'' means the Secretary of Defense, acting through the Secretary of the Navy. (7) Secretary of the interior.--The term ``Secretary of the Interior'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (8) Director.--The term ``Director'' means the Director of the National Science Foundation. SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.-- (1) Commencement of program.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development. (2) Designations.--The Secretary, the Secretary of Defense, the Secretary of the Interior, and the Director shall designate individuals to implement this Act. (3) Meetings.--The individuals designated under paragraph (2) shall meet not less frequently than every 120 days to review the progress of the program under paragraph (1) and make recommendations on future activities. (b) Grants, Contracts, and Cooperative Agreements.-- (1) Assistance and coordination.--The Secretary may award grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises to-- (A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a source of energy; (B) assist in developing technologies required for efficient and environmentally sound development of methane hydrate resources; (C) undertake research programs to provide safe means of transport and storage of methane produced from methane hydrates; (D) promote education and training in methane hydrate resources research and resource development; (E) conduct basic and applied research to assess and mitigate the environmental impacts of hydrate degassing, both natural and that associated with commercial development; and (F) develop technologies to reduce the risks of drilling through methane hydrates. (2) Consultation.--The Secretary may establish an advisory panel consisting of experts from industry, academia, and Federal agencies to advise the Secretary on potential applications of methane hydrate and assist in developing recommendations and priorities for the methane hydrate research and development program carried out under this section. (c) Limitations.-- (1) Administrative expenses.--Not more than 5 percent of the amount made available to carry out this section for a fiscal year may be used by the Secretary for expenses associated with the administration of the program under subsection (a)(1). (2) Construction costs.--None of the funds made available to carry out this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). (d) Responsibilities of the Secretary.--In carrying out subsection (b)(1), the Secretary shall-- (1) facilitate and develop partnerships among government, industry, and academia to research, identify, assess, and explore methane hydrate resources; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated as needed and appropriate; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments under this Act. SEC. 4. AMENDMENT TO THE MINING AND MINERALS POLICY ACT OF 1970. Section 201 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 1901) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (2) by inserting after paragraph (5) the following: ``(6) the term `methane hydrate' means a methane clathrate that-- ``(A) is in the form of a methane-water ice-like crystalline material; and ``(B) is stable and occurs naturally in deep-ocean and permafrost areas.''; and (3) in paragraph (7) (as redesignated by paragraph (1))-- (A) in subparagraph (F), by striking ``and''; (B) by redesignating subparagraph (G) as subparagraph (H); and (C) by inserting after subparagraph (F) the following: ``(G) methane hydrate; and''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate July 17, 1998. Attest: GARY SISCO, Secretary.

Methane Hydrate Research and Development Act of 1998 - Directs the Secretary of Energy to commence a methane hydrate research and development program. Authorizes the Secretary to: (1) award program grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises; and (2) establish a panel to provide advice on applications of methane hydrate and priorities for the program. Limits to five percent the amount of program funding that can be used for adminstrative expense and prohibits funding for building construction. Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and academia; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to the Congress on accomplishments. Amends the Mining and Minerals Policy Act of 1970 to: (1) define "methane hydrate"; and (2) redefine "marine mineral resource" to include methane hydrate. Authorizes appropriations.

Methane Hydrate Research and Development Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Affordable Drugs from Canada Act of 2014''. SEC. 2. SAFE AND AFFORDABLE DRUGS FROM CANADA. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS FROM CANADA. ``(a) In General.--Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). ``(b) Prescription Drug.--A prescription drug described in this subsection-- ``(1) is a prescription drug that-- ``(A) is purchased from an approved Canadian pharmacy; ``(B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; ``(C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; ``(D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and ``(E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and ``(2) does not include-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; ``(F) a parenteral drug; ``(G) a drug manufactured through 1 or more biotechnology processes, including-- ``(i) a therapeutic DNA plasmid product; ``(ii) a therapeutic synthetic peptide product of not more than 40 amino acids; ``(iii) a monoclonal antibody product for in vivo use; and ``(iv) a therapeutic recombinant DNA- derived product; ``(H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or ``(I) a photoreactive drug. ``(c) Approved Canadian Pharmacy.-- ``(1) In general.--In this section, an approved Canadian pharmacy is a pharmacy that-- ``(A) is located in Canada; and ``(B) that the Secretary certifies-- ``(i) is licensed to operate and dispense prescription drugs to individuals in Canada; and ``(ii) meets the criteria under paragraph (3). ``(2) Publication of approved canadian pharmacies.--The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved Canadian pharmacies, including the Internet Web site address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). ``(3) Additional criteria.--To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy-- ``(A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; ``(B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; ``(C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; ``(D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; ``(E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; ``(F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; ``(G) does not resell products from online pharmacies located outside Canada to customers in the United States; and ``(H) meets any other criteria established by the Secretary.''.

Safe and Affordable Drugs from Canada Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services (HHS) to promulgate regulations permitting individuals to safely import into the United States, with exceptions, a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Provides criteria for approval of a Canadian pharmacy. Requires HHS to publish a list of approved Canadian pharmacies, including their website address, from which individuals may purchase prescription drugs in accordance with this Act.

Safe and Affordable Drugs from Canada Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fern Lake Conservation and Recreation Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.). (2) The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. (3) Fern Lake is the water supply source for the City of Middlesboro, Kentucky, and environs. (4) The 4,500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands. (b) Purposes.--The purposes of the Act are-- (1) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and (2) to allow the continued supply of safe, clean, drinking water from Fern Lake to the City of Middlesboro, Kentucky, and environs. SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK. (a) Definitions.--In this section: (1) Fern lake.--The term ``Fern Lake'' means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. (2) Land.--The term ``land'' means land, water, interests in land, and any improvements on the land. (3) Park.--The term ``park'' means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Acquisition Authorized.--The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled ``Fern Lake Watershed Boundary Addition, Cumberland Gap National Historical Park'', numbered 380/80,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. (c) Authorized Acquisition Methods.-- (1) In general.--Notwithstanding the Act of June 11, 1940 (16 U.S.C. 261 et seq.), the Secretary may acquire lands described in subsection (b) by donation, purchase with donated or appropriated funds, or exchange. However, the lands may be acquired only with the consent of the owner. (2) Easements.--At the discretion of the Secretary, the Secretary may acquire land described in subsection (b) that is subject to an easement for the continued operation of providing the water supply for the City of Middlesboro, Kentucky, and environs. (d) Boundary Adjustment and Administration.--Upon the acquisition of land under this section, the Secretary shall revise the boundaries of the park to include the land in the park. Subject to subsection (e), the Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. (e) Special Issues Related to Fern Lake.-- (1) Protection of water quality.--The Secretary shall manage public recreational use of Fern Lake, if acquired by the Secretary, in a manner that is consistent with the protection of the lake as a source of safe, clean, drinking water. (2) Sale of water.--In the event the Secretary's acquisition of land includes the water supply of Fern Lake, the Secretary may enter into contracts to facilitate the sale and distribution of water from the lake for the municipal water supply for the City of Middlesboro, Kentucky, and environs. The Secretary shall ensure that the terms and conditions of any such contract is consistent with National Park Service policies for the protection of park resources. Proceeds from the sale of the water shall be available for expenditure by the Secretary at the park without further appropriation. (3) Consultation requirements.--In order to better manage Fern Lake and its surrounding watershed, if acquired by the Secretary, in a manner that will facilitate the provision of water for municipal needs as well as the establishment and promotion of new recreational opportunities made possible by the addition of Fern Lake to the park, the Secretary shall consult with-- (A) appropriate officials in the States of Kentucky, Tennessee, and Virginia and political subdivisions of these States; (B) organizations involved in promoting tourism in these States; and (C) other interested parties.

Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the National Park Service, to acquire by donation, purchase, or exchange (but only from a willing seller) specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for the continued operation of providing the water supply for Middlesboro, Kentucky, and environs.Directs the Secretary to revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land.Specifies provisions relating to: (1) the protection of the water quality of Fern Lake; and (2) contracts to facilitate the sale and distribution of water from the Lake for the municipal water supply for Middlesboro, Kentucky, and environs.

A bill to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historic Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Health Care Quality Research Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) There is increased emphasis on using evidence of improved health care outcomes and cost effectiveness to justify changes in our health care system. (2) There is a growing movement to use health care quality measures to ensure that health care services provided are appropriate and likely to improve health. (3) Few health care quality measures exist for children, especially for the treatment of acute and chronic conditions. (4) A significant number of children in the United States have health problems, and the percentage of children with special health care needs is increasing. (5) Children in the health care marketplace have unique health attributes, including a child's developmental vulnerability, differential morbidity, and dependency on adults, families, and communities. (6) Children account for less than 15 percent of the national health care spending, and do not command a large amount of influence in the health care marketplace. (7) The Federal government is the major payer of children's health care in the United States. (8) Numerous scientifically sound measures exist for assessing quality of health care for adults, and similar measures should be developed for assessing the quality of health care for children. (9) The delivery structures and systems that provide care for children are necessarily different than systems caring for adults, and therefore require appropriate types of quality measurements and improvement systems. (10) Improving quality measurement and monitoring will-- (A) assist health care providers in identifying ways to improve health outcomes for common and rare childhood health conditions; (B) assist consumers and purchasers of health care in determining the value of the health care products and services they are receiving or buying; and (C) assist providers in selecting effective treatments and priorities for service delivery. (11) Because of the prevalence and patterns of children's medical conditions, research on improving care for relatively rare or specific conditions must be conducted across multiple institutions and practice settings in order to guarantee the validity and generalizability of research results. SEC. 3. DEFINITIONS. In this Act: (1) High priority areas.--the term ``high priority areas'' means areas of research that are of compelling scientific or public policy significance, that include high priority areas of research identified by the Conference on Improving Quality of Health Care for Children: An Agenda for Research (May, 1997), and that-- (A) are consistent with areas of research as defined in paragraphs (1)(A) and (2) of section 1142(a) of the Social Security Act; (B) are relevant to all children or to specific subgroups of children; or (C) are consistent with such other criteria as the Secretary may require. (2) Local community.--The term ``local community'' means city, county, and regional governments, and research institutes in conjunction with such cities, counties, or regional governments. (3) Pediatric quality of care and outcomes research.--The term ``pediatric quality of care and outcomes research'' means research involving the process of health care delivery and the outcomes of that delivery in order to improve the care available for children, including health promotion and disease prevention, diagnosis, treatment, and rehabilitation services, including research to-- (A) develop and use better measures of health and functional status in order to determine more precisely baseline health status and health outcomes; (B) evaluate the results of the health care process in real-life settings, including variations in medical practices and patterns, as well as functional status, clinical status, and patient satisfaction; (C) develop quality improvement tools and evaluate their implementation in order to establish benchmarks for care for specific childhood diseases, conditions, impairments, or populations groups; (D) develop specific measures of the quality of care to determine whether a specific health service has been provided in a technically appropriate and effective manner, that is responsive to the clinical needs of the patient, and that is evaluated in terms of the clinical and functional status of the patient as well as the patient's satisfaction with the care; or (E) assess policies, procedures, and methods that can be used to improve the process and outcomes of the delivery of care. (4) Provider-based research networks.--The term ``provider- based research network'' refers to 1 of the following which exist for the purpose of conducting research: (A) A hospital-based research network that is comprised of a sufficient number of children's hospitals or pediatric departments of academic health centers. (B) A physician practice-based research network that is comprised of a sufficient number of groups of physicians practices. (C) A managed care-based research network that is comprised of a sufficient number of pediatric programs of State-licensed health maintenance organizations or other State certified managed care plans. (D) A combination provider-based research network that is comprised of all or part of a hospital-based research network, a physician practice-based research network, and a managed care-based research network. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. EXPANSION OF THE HEALTH SERVICES RESEARCH WORKFORCE. (a) Grants.--The Secretary shall annually award not less than 10 grants to eligible entities at geographically diverse locations throughout the United States to enable such entities to carry out research training programs that are dedicated to child health services research training initiatives at the doctoral, post-doctoral, and junior faculty levels. (b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a public or nonprofit private entity; and (2) prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (c) Limitation.--A grant awarded under this section shall be for an amount that does not exceed $500,000. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of the fiscal years 1999 through 2003. SEC. 5. DEVELOPMENT OF CHILD HEALTH IMPROVEMENT RESEARCH CENTERS AND PROVIDER-BASED RESEARCH NETWORKS. (a) Grants.--In order to address the full continuum of pediatric quality of care and outcomes research, to link research to practice improvement, and to speed the dissemination of research findings to community practice settings, the Secretary shall award grants to eligible entities for the establishment of-- (1) not less that 10 national centers for excellence in child health improvement research at geographically diverse locations throughout the United States; and (2) not less than 5 national child health provider quality improvement research networks at geographically diverse locations throughout the United States, including at least 1 of each type of network as described in section 3(4). (b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) for purposes of-- (A) subsection (a)(1), be a public or nonprofit entity, or group of entities, including universities, and where applicable their schools of Public Health, research institutions, or children's hospitals, with multi-disciplinary expertise including pediatric quality of care and outcomes research and primary care research; or (B) subsection (a)(2), be a public or nonprofit institution that represents children's hospitals, pediatric departments of academic health centers, physician practices, or managed care plans; and (2) prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- (A) in the case of an application for a grant under subsection (a)(1), a demonstration that a research center will conduct 2 or more research projects involving pediatric quality of care and outcomes research in high priority areas; or (B) in the case of an application for a grant under subsection (a)(2)-- (i) a demonstration that the applicant and its network will conduct 2 or more projects involving pediatric quality of care and outcomes research in high priority areas; (ii) a demonstration of an effective and cost-efficient data collection infrastructure; (iii) a demonstration of matching funds equal to the amount of the grant; and (iv) a plan for sustaining the financing of the operation of a provider-based network after the expiration of the 5-year term of the grant. (c) Limitations.--A grant awarded under subsection (a)(1) shall not exceed $1,000,000 per year and be for a term of more that 5 years and a grant awarded under subsection (a)(2) shall not exceed $750,000 per year and be for a term of more than 5 years. (d) Authorization of Appropriations.--There are authorized to be appropriated-- (1) to carry out subsection (a)(1), $10,000,000 for each of the fiscal years 1999 through 2003; and (2) to carry out subsection (a)(2), $3,750,000 for each of the fiscal years 1999 through 2003. SEC. 6. RESEARCH IN SPECIFIC HIGH PRIORITY AREAS. (a) Additional Funds for Grants.--From amounts appropriated under subsection (c), the Secretary shall provide support, through grant programs authorized on the date of enactment of this Act, to entities determined to have expertise in pediatric quality of care and outcomes research. Such additional funds shall be used to improve the quality of children's health, especially in high priority areas, and shall be subject to the same conditions and requirements that apply to funds provided under the existing grant program through which such additional funds are provided. (b) Advisory Committee.-- (1) In general.--To evaluate progress made in pediatric quality of care and outcomes research in high priority areas, and to identify new high priority areas, the Secretary shall establish an advisory committee which shall report annually to the Secretary. (2) Membership.--The Secretary shall ensure that the advisory committee established under paragraph (1) includes individuals who are-- (A) health care consumers; (B) health care providers; (C) purchasers of health care; (D) representative of health plans involved in children's health care services; and (E) representatives of Federal agencies including-- (i) the Agency for Health Care Policy and Research; (ii) the Centers for Disease Control and Prevention; (iii) the Health Care Financing Administration; (iv) the Maternal and Child Health Bureau; (v) the National Institutes of Health; and (vi) the Substance Abuse and Mental Health Services Administration. (3) Evaluation of research.--The advisory committee established under paragraph (1) shall evaluate research in high priority areas using criteria that include-- (1) the generation of research that includes both short and long term studies; (2) the ability to foster public and private partnerships; and (3) the likelihood that findings will be transmitted rapidly into practice. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $12,000,000 for each of the fiscal years 1999 through 2003. SEC. 7. IMPROVING CHILD HEALTH DATA AND DEVELOPING BETTER DATA COLLECTION SYSTEMS. (a) Survey.--The Secretary shall provide assistance to enable the appropriate Federal agencies to-- (1) conduct ongoing biennial supplements and initiate and maintain a longitudinal study on children's health that is linked to the appropriate existing national surveys (including the National Health Interview Survey and the Medical Expenditure Panel Survey) to-- (A) provide for reliable national estimates of health care expenditures, cost, use, access, and satisfaction for children, including uninsured children, poor and near-poor children, and children with special health care needs; (B) enhance the understanding of the determinants of health outcomes and functional status among children with special health care needs, as well as an understanding of these changes over time and their relationship to health care access and use; and (C) monitor the overall national impact of Federal and State policy changes on children's health care; and (2) develop an ongoing 50-State survey to generate reliable State estimates of health care expenditures, cost, use, access, satisfaction, and quality for children, including uninsured children, poor and near-poor children, and children with special health care needs. (b) Grants.--The Secretary shall award grants to public and nonprofit entities to enable such entities to develop the capacity of local communities to improve child health monitoring at the community level. (c) Eligibility.--To be eligible to receive a grant under subsection (b), an entity shall-- (1) be a public or nonprofit entity; and (2) prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $14,000,000 for each of the fiscal years 1999 through 2003, of which-- (1) $6,000,000 shall be made available in each fiscal year for grants under subsection (a)(1); (2) $4,000,000 shall be made available in each fiscal year for grants under subsection (a)(2); and (3) $4,000,000 shall be made available in each fiscal year for grants under subsection (b). SEC. 8. OVERSIGHT. Not later than ________ after the date of enactment of this Act, The Secretary shall prepare and submit a report to Congress on progress made in pediatric quality of care and outcomes research, including the extent of ongoing research, programs, and technical needs, and the Department of Health and Human Services' priorities for funding pediatric quality of care and outcomes research.

Child Health Care Quality Research Improvement Act - Directs the Secretary of Health and Human Services to award at least ten grants annually to eligible public or nonprofit private entities at geographically diverse locations throughout the United States for research training programs dedicated to child health services research training initiatives at the doctoral, post-doctoral, and junior faculty levels. Authorizes appropriations for FY 1999 through 2003. Requires the Secretary to award grants to eligible public or nonprofit entities for the establishment of at least ten national centers for excellence in child health improvement research and five national child health provider quality improvement research networks at geographically diverse locations throughout the United States. Describes eligibility requirements. Authorizes appropriations for FY 1999 through 2003. Requires the Secretary to: (1) provide support to entities with expertise in pediatric quality of care and outcomes research for improving the quality of children's health, especially in high priority areas (areas of compelling scientific or public policy significance); and (2) establish an advisory committee to evaluate progress in such activities and to identify new high priority areas. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to provide assistance to enable Federal agencies to: (1) conduct ongoing biennial supplements and initiate and maintain a longitudinal study on children's health linked to existing national surveys to provide for reliable national estimates of health care expenditures, cost, use, access, and satisfaction for children and for other related purposes; and (2) develop an ongoing 50-State survey to generate such estimates. Requires the Secretary to award grants to eligible public and nonprofit entities for developing the capacity of local communities to improve child health monitoring. Authorizes appropriations for FY 1999 through 2003. Directs the Secretary to report to the Congress on progress made in pediatric quality of care and outcomes research.

Child Health Care Quality Research Improvement Act

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Marriage Tax Penalty Relief Act of 2000''. (b) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (2) by adding ``or'' at the end of subparagraph (B); (3) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (4) by striking subparagraph (D). (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (2) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT BRACKET; REPEAL OF REDUCTION OF REFUNDABLE TAX CREDITS. (a) In General.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Phaseout of marriage penalty in 15-percent bracket.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2002, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income in the lowest rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be the applicable percentage of the maximum taxable income in the lowest rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003................................... 170.3 2004................................... 173.8 2005................................... 183.5 2006................................... 184.3 2007................................... 187.9 2008 and thereafter.................... 200.0. ``(C) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Repeal of Reduction of Refundable Tax Credits.-- (1) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 32 of such Code is amended by striking subsection (h). (c) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (2) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Phaseout of Marriage Penalty in 15-Percent Bracket;'' before ``Adjustments''. (d) Effective Dates.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2002. (2) Repeal of reduction of refundable tax credits.--The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2001. SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) In General.--Paragraph (2) of section 32(b) of the Internal Revenue Code of 1986 (relating to percentages and amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned''; and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the phaseout amount determined under subparagraph (A) shall be increased by $2,000.''. (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,000 amount in subsection (b)(2)(B), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Rounding.--Section 32(j)(2)(A) of such Code (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. Passed the House of Representatives February 10, 2000. Attest: JEFF TRANDAHL, Clerk.

(Sec. 2) Amends the Internal Revenue Code to provide that the basic standard deduction for a married couple filing jointly shall be twice the basic standard deduction for an unmarried individual, beginning in 2001.(Sec. 3) Provides that the 15 percent regular income tax bracket for a married couple filing jointly shall be twice the size of the corresponding bracket for an unmarried individual. Sets forth a graduated phase-in beginning in 2003 and fully effective in 2008.Repeals provisions that reduce the refundable child credit and earned income credit by the amount of the taxpayer's alternative minimum tax, beginning in 2002.(Sec. 4) Increases the beginning point of the phase-out range of the earned income credit for married couples filing jointly by $2,000, beginning in 2001.

Marriage Tax Penalty Relief Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alopecia Fairness Expansion Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Medicare coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 3. Medicaid coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 4. SCHIP coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 5. FEHBP coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 6. Veterans' coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 7. TRICARE coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. Sec. 8. IHS coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. SEC. 2. MEDICARE COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by adding ``and'' at the end of subparagraph (V); and (3) by adding at the end the following new subparagraph: ``(W) scalp hair prosthesis (which may include artificial substitutes for scalp hair) for an individual who has scalp hair loss as a result of alopecia areata if the attending physician of the individual certifies in writing the medical necessity of that proposed course of rehabilitative treatment;''. (b) Effective Date.--The amendments made by subsection (a) shall apply to items furnished on or after July 1, 2003. SEC. 3. MEDICAID COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by redesignating paragraph (27) as paragraph (28); and (3) by inserting after paragraph (26) the following new paragraph: ``(27) scalp hair prosthesis (which may include artificial substitutes for scalp hair) for an individual who has scalp hair loss as a result of alopecia areata if the attending physician of the individual certifies in writing the medical necessity of that proposed course of rehabilitative treatment; and''. (b) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsection (a) apply to calendar quarters beginning on or after July 1, 2003, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 4. SCHIP COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended by adding after and below paragraph (4) the following: ``No coverage may be approved under this section unless the coverage provides benefits for scalp hair prosthesis (which may include artificial substitutes for scalp hair) for an individual who has scalp hair loss as a result of alopecia areata if the attending physician of the individual certifies in writing the medical necessity of that proposed course of rehabilitative treatment.''. (b) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsection (a) apply to calendar quarters beginning on or after July 1, 2003, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 5. FEHBP COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not include coverage for scalp hair prosthesis (which may include artificial substitutes for scalp hair) for an individual who has scalp hair loss as a result of alopecia areata if the attending physician of the individual certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(2) The coverage required under this subsection is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under a health benefits plan, except that a plan may provide that the plan will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items furnished on or after January 1, 2004. SEC. 6. VETERANS' COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G) Scalp hair prosthesis (which may include artificial substitutes for scalp hair) for a person who has scalp hair loss as a result of alopecia areata;''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items furnished on or after October 1, 2002. SEC. 7. TRICARE COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--Section 1074c of title 10, United States Code, is amended by striking ``resulting from the treatment of a malignant disease'' and inserting ``(including alopecia resulting from the treatment of a malignant disease)''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items furnished on or after October 1, 2002. SEC. 8. IHS COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) In General.--The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is amended by inserting after section 225 the following new section: ``scalp hair prosthesis ``Sec. 226. The Secretary, through the Service, shall provide scalp hair prosthesis (which may include artificial substitutes for scalp hair) for an Indian who has scalp hair loss as a result of alopecia areata if the attending physician of the Indian certifies in writing the medical necessity of that proposed course of rehabilitative treatment.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items furnished on or after January 1, 2003.

Alopecia Fairness Expansion Act of 2002 - Amends title XVIII (Medicare), title XIX (Medicaid), and title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to include coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata.Amends Federal civil service law with respect to the Federal Employee Health Benefit Plan, as well as Federal law relating to armed forces and veteran benefits, and the Indian Health Care Improvement Act with respect to Native Americans, to include coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata.

To provide for coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata under the Medicare and Medicaid Programs, State children's health insurance program (SCHIP), Federal employees health benefits program (FEHBP), veterans health care programs, TRICARE, and Indian Health Service (IHS).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Veterans Choice Act''. SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PLACEMENT OF VETERANS IN NON-DEPARTMENT MEDICAL FOSTER HOMES. (a) Authority.--Section 1720 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(h)(1) During the three-year period beginning on October 1, 2019, and subject to paragraph (2), at the request of a veteran for whom the Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may place the veteran in a medical foster home that meets Department standards, at the expense of the United States, pursuant to a contract, agreement, or other arrangement entered into between the Secretary and the medical foster home for such purpose. A veteran who is placed in a medical foster home under this subsection shall agree, as a condition of such placement, to accept home health services furnished by the Secretary under section 1717 of this title. ``(2) In any year, not more than a daily average of 900 veterans placed in a medical foster home, whether placed before or after the date of the enactment of this subsection, may have their care covered at the expense of the United States under subsection (a). ``(3) In this subsection, the term `medical foster home' means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting.''. (b) Effective Date.--Subsection (h) of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2019. SEC. 3. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION. (a) Veterans Economic Opportunity and Transition Administration.-- (1) In general.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION ``8001. Organization of Administration. ``8002. Functions of Administration. ``8003. Annual report to Congress. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity and Transition Administration.--There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity and Transition.--The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. ``(5) The Transition Assistance Program under section 1144 of title 10. ``(6) Any other program of the Department that the Secretary determines appropriate. ``Sec. 8003. Annual report to Congress ``The Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the programs administered by the Under Secretary for Veterans Economic Opportunity and Transition. Each such report shall include the following with respect to each such program during the fiscal year covered by that report: ``(1) The number of claims received. ``(2) The number of claims decided. ``(3) The average processing time for a claim. ``(4) The number of successful outcomes (as determined by the Secretary). ``(5) The number of full-time equivalent employees. ``(6) The amounts expended for information technology.''. (2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity and Transition 8001''. Administration. (b) Effective Date.--Chapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2019. (c) Full-Time Employees.--For fiscal years 2019 and 2020, the total number of full-time equivalent employees authorized for the Veterans Benefits Administration and the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), may not exceed 23,692. SEC. 4. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND TRANSITION. (a) Under Secretary.-- (1) In general.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity and Transition ``(a) Under Secretary.--There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(1) information technology; and ``(2) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. ``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans' Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity and Transition.''. (b) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (2) in section 317(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (3) in section 318(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (4) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (5) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (6) in section 542(a)(2)(B)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (7) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (8) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (9) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to Economic Opportunity and Transition,''; and (10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (c) Effective Date.--Section 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2019. SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. Section 3729(b)(2)(E) of such title is amended to read as follows: ------------------------------------------------------------------------ Active duty Other ``Type of loan veteran Reservist obligor ------------------------------------------------------------------------ (E)(i) Interest rate reduction 0.50 0.50 NA refinancing loan (closed before January 1, 2019)...... (E)(ii) Interest rate 0.75 0.75 NA reduction refinancing loan (closed on or after January 1, 2019, but before March 1, 2025)........................ (E)(iii) Interest rate 0.50 0.50 NA''. reduction refinancing loan (closed on or after March 1, 2025)........................ ------------------------------------------------------------------------ Passed the House of Representatives July 25, 2018. Attest: KAREN L. HAAS, Clerk.

Long-Term Care Veterans Choice Act This bill authorizes the Department of Veterans Affairs (VA), during the three-year period beginning on October 1, 2019, to transfer upon request a veteran for whom the VA is required to provide nursing home care to a medical foster home that meets VA standards. A veteran shall agree, as a transfer condition, to accept VA home health services.

Long-Term Care Veterans Choice Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Preservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes are precious public natural resources, and are renewable but finite bodies of water that should be protected, conserved, and managed for the use, benefit, and enjoyment of all present and future generations of people of the United States; (2) the Great Lakes are crucial to the economies of the Great Lakes States for recreation, commercial shipping, industrial, and agricultural uses; (3) the Great Lakes contain \1/5\ of the world's fresh water supply and are a vital source of safe drinking water for millions of people; (4) the Great Lakes Charter of 1985 is a voluntary international agreement that provides the procedural framework for notice and consultation by the Great Lakes States and the Great Lakes Provinces concerning the diversion of the water of the Great Lakes basin; (5) the Governors of the Great Lakes States and the Premiers of the Great Lakes Provinces have based decisions on proposals to withdraw, divert, or use Great Lakes water on the extent to which the proposals conserve and protect water and water-dependent natural resources of the Great Lakes basin; and (6) decisionmaking concerning Great Lakes water should remain vested in the Governors of the Great Lakes States, who manage the water and resources on a day-to-day basis. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Bulk fresh water.--The term ``bulk fresh water'' means fresh water extracted in quantities intended for transportation by tanker or similar form of mass transportation, without further processing. (3) From the great lakes basin.--The term ``from the Great Lakes basin'', with respect to water, means-- (A) water from Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, or Lake Superior; (B) water from any interconnecting waterway within any watercourse that drains into or between any of those lakes; and (C) water from a tributary surface or underground channel or area that drains into or comprises part of any watershed that drains into any of those lakes. (4) Great lake.--The term ``Great Lake'' means-- (A) Lake Erie; (B) Lake Huron (including Lake Saint Clair); (C) Lake Michigan; (D) Lake Ontario (including the Saint Lawrence River from Lake Ontario to the 45th parallel of latitude); and (E) Lake Superior. (5) Great lakes province.--The term ``Great Lakes Province'' means the Province of Ontario or Quebec, Canada. (6) Great lakes state.--The term ``Great Lakes State'' means the State of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. MORATORIUM ON EXPORT OF BULK FRESH WATER. (a) In General.--Bulk fresh water from the Great Lakes basin shall not be exported from the United States. (b) Sunset Provision.--Subsection (a) shall cease to be effective on the date of enactment of an Act of Congress approving the operation of a mechanism and conservation standard for making decisions concerning the withdrawal, diversion, and use of water of the Great Lakes that has been agreed to by each of the Governors of the Great Lakes States, acting in cooperation with the Premiers of the Great Lakes Provinces. (c) Sense of Congress.--It is the sense of Congress that the Federal Government should enter into an agreement with the Government of Canada stating that the United States and Canada shall abide by the terms of the moratorium under subsection (a) until the date specified in subsection (b). SEC. 5. PRESERVATION OF HISTORIC GREAT LAKES LIGHTHOUSES. (a) Findings.--Congress finds that-- (1) the Great Lakes have greatly influenced settlement, commerce, transportation, industry, and recreation throughout the rich maritime history of the Great Lakes States; (2) lighthouses in Great Lakes States have helped mariners navigate dangerous shoals and find safe harbors for decades and are an important part of the maritime history of the Great Lakes; (3) many of the lighthouses have historical or architectural significance; and (4) the future of the lighthouses is uncertain because many are in poor condition because of neglect and deterioration. (b) Study.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall conduct and submit to Congress a study to identify options to preserve the lighthouses in the Great Lakes States. (c) Procedure.--In conducting the study under subsection (b), the Secretary shall-- (1) review programs, policies, and standards of the National Park Service to determine the most appropriate means of ensuring that the lighthouses (including any associated natural, cultural, and historical resources) are preserved; and (2) consult with-- (A) State and local historical associations and societies in the Great Lakes States; (B) historic preservation agencies in the Great Lakes States; (C) the Commandant of the Coast Guard; and (D) other appropriate entities. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Great Lakes Preservation Act - Prohibits the export from the United States of bulk fresh water from the Great Lakes basin. Expresses the sense of Congress that the U.S. Government should enter into an agreement with Canada stating that the two nations shall abide by the terms of this moratorium until Congress enacts legislation approving the operation of a standard for making Great Lakes water use decisions that has been agreed to by each of the Governors of the Great Lakes States, in cooperation with the Premiers of the Provinces of Ontario and Quebec.Requires the Secretary of the Interior to conduct a study to identify options to preserve the lighthouses in the Great Lakes States.

A bill to establish programs to protect the resources of and areas surrounding the Great Lakes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel and Tourism Promotion Act of 2001''. TITLE I--TAX PROVISIONS SEC. 2. CONSUMER TRAVEL TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and inserting after section 34 the following: ``SEC. 35. CONSUMER TRAVEL CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified consumer travel expenses which are paid or incurred by the taxpayer during the taxable year. ``(b) Maximum Credit.--The credit allowed to a taxpayer under subsection (a) for any taxable year shall not exceed $500 ($1000, in the case of a joint return), reduced by the amount of credit allowed under subsection (a) for all preceding taxable years. ``(c) Qualified Consumer Travel Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified consumer travel expenses' means reasonable expenses in connection with a qualifying personal trip for-- ``(A) travel by aircraft, rail, watercraft, or commercial motor vehicle, and ``(B) lodging while away from home at any commercial lodging facility. Such term does not include expenses for meals, entertainment, amusement, or recreation. ``(2) Qualifying personal trip.-- ``(A) In general.--The term `qualifying personal trip' means leisure travel within the United States which is taken on or after October 1, 2001, and before January 1, 2003. ``(B) Only personal travel included.--Such term shall not include travel if, without regard to this section, any expenses in connection with such travel are deductible in connection with a trade or business or activity for the production of income. ``(C) United states.--The term `United States' includes the Commonwealth of Puerto Rico and a possession of the United States (as defined in section 936). ``(3) Commercial lodging facility.--The term `commercial lodging facility' includes any hotel, motel, resort, rooming house, or campground ``(d) Special Rules.-- ``(1) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(2) Expenses must be substantiated.--No credit shall be allowed by subsection (a) unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement the amount of the expenses described in subsection (c)(1). ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (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 striking the last item and inserting the following new items: ``Sec. 35. Consumer travel credit. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid on or after the date of enactment of this Act, and before January 1, 2003. TITLE II--TRAVEL AND TOURISM PROMOTION BUREAU SEC. 21. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU. (a) Establishment.--There is established in the Department of Commerce a United States Travel and Tourism Promotion Bureau (in this title referred to as the ``Bureau''). (b) Purpose.--The Bureau shall-- (1) work to help restore consumer confidence in travel in the two years following the September 11, 2001, terrorist attacks on the United States; and (2) work in conjunction with private industry and industry employee representatives to design and implement public service announcements and advertising to promote tourism, encouraging Americans and foreign visitors to rediscover the nation's treasures. (c) Powers.--To carry out the purposes of this title, the Bureau may-- (1) distribute funds to any travel and tourism related organization or association; (2) enter into contracts with private organizations or business; (3) utilize up to three existing employees of the Department of Commerce, as may be assigned by the Secretary; and (4) conduct any and all acts necessary and proper to carry out the purposes of this title. SEC. 22. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU ADVISORY COMMITTEE. (a) Establishment.--There is established a United States Travel and Tourism Promotion Bureau Advisory Committee (in this title referred to as the ``Advisory Committee'') for the purpose of recommending activities to the Bureau. (b) Members.--Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce shall appoint the members of the Advisory Committee of whom-- (1) 1 member shall be a representative of the aviation industry; (2) 1 member shall be a representative of airline workers; (3) 1 member shall be a representative of the hotel industry; (4) 1 member shall be a representative of hotel workers; (5) 1 member shall be a representative of the restaurant industry; (6) 1 member shall be a representative of restaurant workers; (7) 1 member shall be a representative of amusement parks; and (8) 1 member shall be a member of the Rural Tourism Foundation. (c) Chair.--The Advisory Committee shall elect a Chair for an initial term of 6 months. After such initial term, the Chair shall be elected for such term as the Committee may designate. (d) Vacancies.--If a vacancy occurs in the membership of the Committee, the Secretary of Commerce shall fill the vacancy, provided that the membership of the Committee remains consistent with subsection (b). SEC. 23. QUARTERLY REPORTING PROVISION. Not less than once every 90 days, the Bureau shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding-- (1) the activities of the Bureau to promote travel and tourism; and (2) the state of the travel and tourism industry. SEC. 24. SUNSET. The provisions of this title shall terminate on the date that is 2 years after the date of enactment of this Act. SEC. 25. APPROPRIATIONS. (a) In General.--Notwithstanding the provisions of the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States, of the amounts made available under such Act not less than $60,000,000 shall be available solely for the purpose of carrying out this title. (b) Availability of Funds.--The funds made available under subsection (a) shall remain available without fiscal year limitation until expended, but not later than September 31, 2003.

Travel and Tourism Promotion Act of 2001 - Amends the Internal Revenue Code to allow a consumer travel credit. Establishes in the Department of Commerce a United States Travel and Tourism Promotion Bureau to promote tourism and restore consumer confidence in the wake of September 11, 2001. Establishes a United States Travel and Tourism Promotion Bureau Advisory Committee.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for recreational travel costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Return Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) The intent and purpose of Federal securities law is to protect the general investing public and to make the regulation and control required by national public interest reasonably complete and effective. (2) The United States Securities and Exchange Commission has acknowledged that there are millions of lost security holders in the United States, who are, thereby, deprived of the benefit of their investments valued by the Commission in the hundreds of millions of dollars. (3) The Commission's current regulations relating to lost security holders apply only to recordkeeping transfer agents who handle approximately half of all security holders, thereby denying the same benefits to the other half. (4) Available technologies can locate 80 percent or more of corrected addresses for security holders, who have not received the benefit of the dividends and interest earned by their securities and other valuable property rights. (5) The Federal Government, through its agencies, holds large sums of money owed to others, who cannot reasonably obtain their money, because of a lack of information about these sums and how to claim them. TITLE I--RESPONSIBILITIES OF THE SECURITIES AND EXCHANGE COMMISSION SEC. 101. ADDITIONAL RESPONSIBILITIES TO SECURE DELIVERY OF DIVIDENDS, INTEREST, AND OTHER VALUABLE PROPERTY RIGHTS. Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q- 1) is amended by adding at the end the following new subsection: ``(g) Due Diligence for the Delivery of Dividends, Interest, and Other Valuable Property Rights.-- ``(1) Due diligence obligation.--Each issuer of any security registered pursuant to section 12 of this title shall exercise due diligence in delivering dividends, interest, and other valuable property rights to their owners, whether such dividends, interest, or other valuable property rights are delivered by any issuer or on behalf of any issuer by any paying agent. ``(2) Revision of regulations required.--The Commission shall amend the provisions of section 240.17Ad-17 of the Commission's regulations (17 C.F.R. 240.17Ad-17) as in effect on December 8, 1997-- ``(A) to extend the application of such section to all such paying agents, including the obligation to use database searches as required of transfer agents; and ``(B) to extend the application of such section to security holders who became lost security holders before such date. ``(3) Notices.-- ``(A) Notice on checks or other valuable property rights to security holders.--Any check or notice to any security holder who has failed to cash or deposit a previous check for any dividend or interest payment or has failed to process a valuable property right as instructed shall bear a printed notice to the effect-- ``(i) if a check or other valuable property right has been sent to a security holder, and the check or other valuable property right has been returned to the sender, the security holder is considered a `lost security holder' whenever that expression is used by the Unites States Securities and Exchange Commission; and ``(ii) if a check or other valuable property right is sent to a security holder, and the check is not negotiated within 7 months or the other valuable property right is not processed as instructed within 7 months, then that security holder shall be considered a `lost security holder' and shall be treated in the same way as lost security holders are treated under subparagraph (A). ``(B) Notices on subsequent communications.--If the lost security holder (as defined in subparagraphs (A)(i) and (A)(ii)) is to be sent another regularly scheduled communication, including a dividend or interest check, then that next communication shall notify the security holder-- ``(i) that a previous check or valuable property right has been returned to the sender or has not been negotiated or processed as instructed, and such notice shall request the security holder promptly to negotiate the received check or process the received valuable property right as instructed; and ``(ii) that if such check or other valuable property right has not been received by the security holder, then the security holder should call the sender at the toll free number in the notice or should write or otherwise contact the sender at the address or addresses in the notice. In no event shall the next regularly scheduled communication occur longer than 7 months after the original sending. ``(C) Exceptions.--Paying agents may exclude from the search requirements any lost security holder when the value of all dividend, interest, or other valuable property rights due to the security holder plus the value of all assets listed in the lost security holder's account is less than $25. ``(4) Listing of lost security holders.--The Commission shall establish, or provide for the establishment by others, of a database that is accessible from the Internet and that contains a list of the names of persons who are lost security holders, the names of those issuers or paying agents who are obligated to deliver to them their dividends, interest, and other valuable property rights, and, in the case of paying agents, the identity of the issuer. The database and Internet site shall be created or caused to be created by the Commission in accordance with such procedures as the Commission shall prescribe by rule, regulation, or order. ``(5) Interest on unpaid amounts; trust for security holders.--Any amounts to which security holders are entitled shall be held in trust by any issuers or any paying agents for the benefit of the security holders. Interest on the amounts held in trust shall-- ``(A) accrue for the benefit of an issuer or its paying agent as provided for by agreement between them for the first 6 months after the return of any undelivered dividend or interest payment or 7 months after a payment has been sent but remains uncashed; ``(B) accrue for the benefit of the security holders beginning 6 months after the return of any undelivered dividend or interest payment or 7 months after a payment has been sent but remains uncashed; and ``(C) end upon the delivery as escheated or unclaimed property to a State pursuant to State law. ``(6) Use of professional search firms.-- ``(A) No lost security holder shall be turned over to a professional search firm for locating until after two database searches have been conducted, regardless of whether the security holder was deemed `lost' before, on, or after December 8, 1997. ``(B) The issuer or its paying agent shall solicit competing bids for locating lost security holders in accordance with such procedures as the Commission shall prescribe by rule, regulation, or order. Any successful bidder shall report to the issuer, its paying agent, and the Commission the number of accounts pursued, the percentage of accounts recovered, the amount and percentage of funds recovered, the names of those who recovered, and the gross and net amounts each received. ``(7) Liability.--Any issuer or paying agent that fails to exercise due diligence in accordance with the requirements of this subsection shall be liable to any lost security holders or class of lost security holders for damages. If the court determines that such failure constitutes gross negligence or wanton misconduct, the court may award punitive damages in an amount equal to triple the amount of such damages. An action under this paragraph may be brought in any Federal court of competent jurisdiction. ``(8) Regulations; report.--The Commission shall-- ``(A) adopt such rules, regulations, and orders necessary to implement this subsection no later than 3 months after the date of enactment of this subsection; ``(B) provide a report to Congress concerning its progress toward implementation of this subsection no later than 6 months after such date of enactment; and ``(C) thereafter include in its annual report similar information. ``(9) Definition of paying agent.--For purposes of this subsection, the term `paying agent' includes any issuer, transfer agent, broker, dealer, investment company, mutual fund, investment adviser, indenture trustee, custodian, or any other person obligated to deliver dividends, interest, or valuable property rights.''. TITLE II--UNITED STATES MONEY RETURN COMMISSION SEC. 201. ESTABLISHMENT. (a) In General.--There is established the United States Money Return Commission. The Commission shall be composed of 5 members appointed by the President. (b) Chairman.--The President shall designate a Chairman from among the members of the Commission. (c) Terms.--Each member shall serve for a term of 5 years, except that from the first 5 appointees, one shall serve for 1 year, one shall serve for 2 years, one shall serve for 3 years, one shall serve for 4 years, and one, the chairman, shall serve for 5 years. (d) Limitation.--No more than 2 members shall be appointed who are employees of the United States of America or any of its agencies. SEC. 202. FUNCTIONS. (a) In General.--The Commission shall-- (1) collect and publish on the Internet and other appropriate media information on all money held by the United States that is owed to any person or entity; and (2) establish procedures for the use of state-of-the-art technology to restore such moneys to their rightful owners without charge. (b) Report.--The Commission shall report on its activities to the President not later than 1 year after the date of the enactment of this Act, and annually thereafter. SEC. 203. ADMINISTRATION. (a) Information From Executive Agencies.--The heads of executive agencies shall, to the extent permitted by law, provide the Commission such information as it may require for the purpose of carrying out is functions. (b) Pay.--Members of the Commission shall serve without any additional Federal compensation for their work on the Commission. However, members appointed from among private citizens of the United States may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the government service (5 U.S.C. 5701-5707), to the extent funds are available therefor. (c) Staff.--The Commission shall have a staff headed by an Executive Director. Any expenses of the Commission shall be paid from such funds as may be available to the Secretary of the Treasury.

Requires the Securities and Exchange Commission (SEC) to extend the application of regulations governing the obligation of transfer agents to search for lost security holders to: (1) paying agents, including the obligation to use database searches; and (2) security holders who became lost security holders before a specified date. Prescribes notification procedures. Directs the SEC to establish a database accessible from the Internet with a listing of lost security holders and the issuers or paying agents obligated to deliver them their dividends, interest, and other valuable property rights. Requires that issuers or paying agents hold in trust the amounts to which security holders are entitled, including any accrued interest. Sets forth implementation guidelines. Title II: United States Money Return Commission - Establishes the United States Money Return Commission to: (1) collect and publish on the Internet and other media information on all money held by the United States that is owed to any person; (2) establish procedures for the use of state-of-the-art technology to restore such moneys to their rightful owners without charge; and (3) present an annual status report to the President.

Money Return Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Timely Access to Health Care Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON ACCESS TO MEDICAL CARE. (a) Pilot Program.--During the five-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a pilot program under which the Secretary shall ensure that for each veteran seeking primary care from a covered medical facility, the standard for access to care, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with a primary-care provider is completed, is 30 days. (b) Covered Facility.--For purposes of the pilot program under this section, a covered medical facility is a medical facility of the Department of Veterans Affairs in Veterans Integrated Service Network 8. (c) Review of Performance.--The Secretary shall periodically review the performance of covered medical facilities compared to the standard established under subsection (a). The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report providing an assessment of the Department's performance in meeting that standard. (d) Provision of Care at Non-Department Facilities.-- (1) Provision of care.--Effective on the first day of the first fiscal year beginning after the date of the enactment of this section, in a case in which the Secretary is unable to meet the standard for access to care under subsection (a) with respect to a veteran enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705, of title 38, United States Code, the Secretary shall use the authority of section 1703(a) of that title to furnish health care and services for that veteran in a non-Department facility. In any such case-- (A) payments by the Secretary may not exceed the reimbursement rate for similar outpatient services paid by the Secretary of Health and Human Services under part B of the medicare program (as defined in section 1781(d)(4)(A) of that title); and (B) the non-Department facility may not bill the veteran for any difference between the facility's billed charges and the amount paid by the Secretary under paragraph (1). (2) Veteran choice to receive care at department facility.--A veteran for whom the Secretary furnishes health care or services at a non-Department facility under paragraph (1) may, after 30 days of receiving such care or services at the non-Department facility, choose to receive such care or services from a Department facility, if available. If a veteran so chooses, the veteran shall submit to the Secretary notice in writing of that choice. (e) Continuity of Care.--For the purpose of providing for continuity of care, the Secretary shall develop a form to be used by veterans to authorize the Secretary to obtain any records created in connection with the veteran's receipt of care from a non-Department facility. (f) Quarterly Reports.-- (1) Requirement.--Not later than 60 days after the end of a calendar-year quarter, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for that calendar-year quarter on the experience of the Department during the quarter covered by the report with respect to waiting times for veterans seeking appointments at a covered facility. (2) Contents.--Each report under subparagraph (A) shall include-- (A) the total number of veterans waiting by the following categories: (i) Those waiting under 30 days for scheduled appointments. (ii) Those waiting over 30 days but less than 60 days. (iii) Those waiting over 60 days but less than 4 months. (iv) Those waiting over 4 months but who cannot be scheduled within 6 months. (v) Any remaining veterans who cannot be scheduled, with the reasons therefor. (B) For each category set forth in subparagraph (A), distinctions between-- (i) waiting times for primary care and specialty care; and (ii) waiting times for veterans who are newly enrolled versus those who were enrolled before October 1, 2001. (C) The number of veterans who have enrolled in the Department of Veterans Affairs health care system but have not since such enrollment sought care at a Department medical facility. (g) Termination.--The authority to conduct a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.

Veterans Timely Access to Health Care Act - Directs the Secretary of Veterans Affairs to conduct a five-year pilot program to ensure that, for each veteran seeking primary care from a participating medical facility, the standard for access to such care, determined from the date that the veteran contacts the Department of Veterans Affairs (VA) seeking an appointment until a visit with a primary-care provider is completed, is 30 days. Directs the Secretary to periodically review the performance of VA health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-VA facilities when the Secretary is unable to meet access standards.

To direct the Secretary of Veterans Affairs to carry out a pilot program to establish standards of access to care for veterans seeking health care from certain Department of Veterans Affairs medical facilities, and for other purposes.

SECTION 1. PROTECTION FOR FASHION DESIGN. (a) Designs Protected.--Section 1301 of title 17, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Fashion design.--A fashion design is subject to protection under this chapter.''; and (2) in subsection (b)-- (A) in paragraph (2), by inserting ``or an article of apparel,'' after ``plug or mold,''; and (B) by adding at the end the following new paragraphs: ``(7) A `fashion design' is the appearance as a whole of an article of apparel, including its ornamentation. ``(8) The term `design' includes fashion design, except to the extent expressly limited to the design of a vessel. ``(9) The term `apparel' means-- ``(A) an article of men's, women's, or children's clothing, including undergarments, outerwear, gloves, footwear, and headgear; ``(B) handbags, purses, and tote bags; ``(C) belts; and ``(D) eyeglass frames.''. (b) Designs not Subject to Protection.--Section 1302 of title 17, United States Code, is amended in paragraph (5)-- (1) by striking ``(5)'' and inserting ``(5)(A) in the case of a design of a vessel hull,''; (2) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(B) in the case of a fashion design, embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 3 months before the date of the application for registration under this chapter.''. (c) Term of Protection.--Section 1305(a) of title 17, United States Code, is amended to read as follows: ``(a) In General.--Subject to subsection (b), the protection provided under this chapter-- ``(1) for a design of a vessel hull shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304; and ``(2) for a fashion design shall continue for a term of 3 years beginning on the date of the commencement of protection under section 1304.''. (d) Infringement.--Section 1309 of title 17, United States Code, is amended-- (1) in subsection (c), by striking ``that a design was protected'' and inserting ``or reasonable grounds to know that protection for the design is claimed''; (2) in subsection (e), by inserting ``or from an image thereof,'' after ``copied from a design protected under this chapter,''; and (3) by adding at the end the following new subsection: ``(h) Secondary Liability.--The doctrines of secondary infringement and secondary liability that are applied in actions under chapter 5 of this title apply to the same extent to actions under this chapter. Any person who is liable under either such doctrine under this chapter is subject to all the remedies provided under this chapter, including those attributable to any underlying or resulting infringement.''. (e) Application for Registration.--Section 1310 of title 17, United States Code, is amended-- (1) in subsection (a), by striking the text and inserting the following: ``(1) Vessel hull design.--In the case of a design of a vessel hull, protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the date on which the design is first made public. ``(2) Fashion design.--In the case of a fashion design, protection under this chapter shall be lost if application for registration of the design is not made within 3 months after the date on which the design is first made public.''; and (2) in subsection (b), by striking ``for sale'' and inserting ``for individual or public sale''. (f) Examination of Application and Issue or Refusal of Registration.--Section 1313(a) of title 17, United States Code, is amended by striking ``subject to protection under this chapter'' and inserting ``within the subject matter protected under this chapter''. (g) Recovery for Infringement.--Section 1323(a) of title 17, United States Code, is amended by striking ``$50,000 or $1 per copy'' and inserting ``$250,000 or $5 per copy''. (h) Other Rights not Affected.--Section 1330 of title 17, United States Code, is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(3) any rights that may exist under provisions of this title other than this chapter.''.

Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years. Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design. Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner. Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement. Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design. Increases allowable damage awards for infringement of original designs.

To amend title 17, United States Code, to provide protection for fashion design.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educator Appreciation and Classroom Help Act''. SEC. 2. REFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ELEMENTARY AND SECONDARY EDUCATION TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed a credit in the amount of $1,000 against the tax imposed by this subtitle for the taxable year. ``(b) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means-- ``(1) an eligible educator, as defined in section 62(d)(1), and ``(2) an individual teaching at the elementary education or secondary education level in a home school. ``(c) School.--For purposes of this section, the term `school' has the meaning provided by section 62(d)(1)(B).''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Educator Appreciation and Classroom Help Act''. (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 striking the last item and inserting the following new items: ``Sec. 35. Elementary and secondary education teachers. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Qualified Professional Development Expenses Deduction.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified professional development expenses of an eligible educator.''. (b) Definitions.--Section 67 of such Code (relating to 2-percent floor on miscellaneous itemized deductions) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Qualified Professional Development Expenses of Eligible Educators.--For purposes of subsection (b)(13)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses-- ``(i) for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction, and ``(ii) with respect to which a deduction is allowable under section 162 (determined without regard to this section). ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) at an institution of higher education (as defined in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002)), or ``(II) a professional conference, and ``(ii) is part of a program of professional development which is approved and certified as furthering the individual's teaching skills by-- ``(I) in the case of a public school, the appropriate local educational agency, and ``(II) in the case of a private school, the school that employs the eligible educator. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(2) Eligible educator.--The term `eligible educator' has the meaning provided by 62(d)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 4. EXPANSION OF ABOVE-THE-LINE DEDUCTION FOR CLASSROOM SUPPLIES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Permanent Extension and Increase.--Section 62(a)(2) (relating to certain trade and business deductions of employees) is amended by striking ``In the case of taxable years beginning during 2002 or 2003, the deductions allowed by section 162 which consist of expenses, not in excess of $250'' and inserting ``In the case of taxable years beginning after December 31, 2002, the deductions allowed by section 162 which consist of expenses, not in excess of $2,000''. (b) Coverage of Private Schools.--Subparagraph (A) of section 62(d)(1) is amended by striking ``aide in a school'' and inserting ``aide in a public or private school''. (c) Deduction Allowed for Certain Expenses of Home School Teachers.-- (1) In general.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. HOME SCHOOL EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to expenses paid or incurred by an eligible home school educator in connection with books, supplies, computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible home school educator in home schooling. ``(b) Limitation.--The amount allowable as a deduction under subsection (a) shall not exceed $2,000. ``(c) Eligible Home School Educator.--For purposes of this section, an eligible home school educator is an individual teaching at the elementary education or secondary education level in a home school. ``(d) School.--For purposes of this section, the term `school' has the meaning provided by section 62(d)(1)(B).''. (2) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Home school expenses. ``Sec. 224. Cross reference.'' (3) Deduction allowed whether or not taxpayer itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new paragraph: ``(19) Home school expenses.--The deduction allowed by section 223.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Educator Appreciation and Classroom Help Act - Amends the Internal Revenue Code to permit a $1,000 tax credit for "eligible" primary and secondary school teachers and home school teachers. Defines "eligible" teachers. Eliminates the two-percent floor on miscellaneous itemized deductions from applying to various costs incurred by eligible elementary and secondary school teachers for certain courses to enhance teaching skills.Expands the deduction for eligible elementary and secondary school teachers for unreimbursed costs of classroom supplies to up to $2,000 (currently the maximum allowed deduction is $250) and allows home school educators a deduction of up to $2,000 for supplies.

To amend the Internal Revenue Code of 1986 to provide a refundable tax credit of $1,000 to teachers of elementary and secondary school students, and to provide and expand deductions for unreimbursed expenses for continuing education and classroom materials for such teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans-Specific Education for Tomorrow's Health Professionals Act'' or the ``Vet HP Act''. SEC. 2. SENSE OF CONGRESS REGARDING DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR CLINICAL OBSERVATION BY UNDERGRADUATE STUDENTS. It is the sense of Congress that the pilot program described in section 3(a) should be designed to-- (1) increase the awareness, knowledge, and empathy of future health professionals toward the health conditions common to veterans; (2) increase the diversity of the recruitment pool of future physicians of the Department; and (3) expand clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in the health professions. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR CLINICAL OBSERVATION BY UNDERGRADUATE STUDENTS. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program for a one-year period, beginning not later than August 15, 2021, to provide certain students described in subsection (d) a clinical observation experience at medical centers of the Department of Veterans Affairs. (b) Medical Center Selection.--The Secretary shall carry out the pilot program under this section at not fewer than five medical centers of the Department. In selecting such medical centers, the Secretary shall ensure regional diversity among such selected medical centers. (c) Clinical Observation Sessions.-- (1) Frequency and duration.--In carrying out the pilot program, the Secretary shall-- (A) provide at least one and not more than three clinical observation sessions at each medical center selected during each calendar year; (B) ensure that each clinical observation session-- (i) lasts between four and six months; and (ii) to the extent practicable, begins and ends concurrently with one or more academic terms of an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (C) ensure that the clinical observation sessions provided at a medical center have minimal overlap. (2) Sessions.--The Secretary shall ensure that the pilot program consists of clinical observation sessions as follows: (A) Each session shall allow for not fewer than five students nor greater than 15 students to participate in the session. (B) Each session shall consist of not fewer than 20 observational hours nor greater than 40 observational hours. (C) A majority of the observational hours shall be spent observing a health professional. The other observational hours shall be spent in a manner that ensures a robust, well rounded experience that exposes the students to a variety of aspects of medical care and health care administration. (D) Each session shall provide a diverse clinical observation experience. (d) Students.-- (1) Selection.--The Secretary shall select to participate in the pilot program under subsection (a) students who are-- (A) nationals of the United States; (B) enrolled in an accredited program of study at an institution of higher education; and (C) referred by their institution of higher education following an internal application process. (2) Priority.--In making such selection, the Secretary shall give priority to each of the following five categories of students: (A) Students who, at the time of the completion of their secondary education, resided in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). (B) First generation college students (as defined in section 402A(h)(3) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). (C) Students who have been referred by minority- serving institutions (as defined in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). (D) Veterans (as defined in section 101 of title 38, United States Code). (E) Students who indicate an intention to specialize in a health professional occupation identified by the Inspector General of the Department under section 7412 of title 38, United States Code, as having a staffing shortage. (3) Assignment to medical centers.--The Secretary shall assign students selected under paragraph (1) to medical centers selected under subsection (b) without regard for whether such medical centers have staffing shortages in any health professional occupation pursuant to section 7412 of title 38, United States Code. (e) Other Matters.--In carrying out the pilot program under this section, the Secretary shall-- (1) establish a formal status to facilitate the access to medical centers of the Department by student observers participating in the pilot program; (2) establish standardized legal, privacy, and ethical requirements for the student observers, including with respect to-- (A) ensuring that no student observer provides any care to patients while participating as an observer; and (B) ensuring the suitability of a student to participate in the pilot program to ensure that the student poses no risk to patients; (3) develop and implement a partnership strategy with minority-serving institutions to encourage referrals; (4) create standardized procedures for student observers; (5) create an online information page about the pilot program on the internet website of the Department; (6) publish on the online information page created under paragraph (5) the locations of such centers, and other information on the pilot program, not later than 180 days before the date on which applications are required to be submitted by potential student observers; (7) identify medical centers and specific health professionals participating in the pilot program; and (8) notify the Committees on Veterans' Affairs of the House of Representatives and the Senate of the medical centers selected under subsection (c) within 30 days of selection, to facilitate program awareness. (f) Report.--Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the results of the pilot program, including-- (1) the number and demographics of all applicants, those accepted to participate in the pilot program, and those who completed the pilot program; and (2) if participating institutions of higher education choose to administer satisfaction surveys that assess the experience of those who completed the pilot program, the results of any such satisfaction surveys, provided at the discretion of the institution of higher education. SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives July 24, 2018. Attest: KAREN L. HAAS, Clerk.

Veterans-Specific Education for Tomorrow's Medical Doctors Act or the VET MD Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program at a minimum of five VA medical centers to provide undergraduate students a clinical observation experience. The VA shall ensure that such program: increases the awareness, knowledge, and empathy of future medical professionals toward the medical conditions common to veterans; increases the diversity of the recruitment pool of future VA physicians; provides a diverse clinical observation experience commensurate with the standard expectations for medical school applications; and expands clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in medicine. The VA shall select undergraduate students who are U.S. citizens enrolled in an accredited science or medical program of study to participate in the program, with priority to students who resided in a health professional shortage area and who are the first in their immediate family to attend an undergraduate institution.

Veterans-Specific Education for Tomorrow’s Medical Doctors Act

SECTION 1. COVERAGE OF CLASS III MEDICAL MOBILITY DEVICES. (a) Covered Benefit.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Z), by striking ``and'' at the end; (2) in subparagraph (AA), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(BB) class III medical mobility devices (as defined in subsection (ccc)(1)) furnished to a class III medical mobility- device eligible individual (as defined in subsection (ccc)(2));''. (b) Definitions.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Class III Medical Mobility Device; Class III Medical Mobility-Device Eligible Individual ``(ccc)(1) The term `class III medical mobility device' means a medical mobility device that has been approved as a class III medical device pursuant to a premarket approval application under the Federal Food, Drug, and Cosmetic Act and that-- ``(A) is able, among other functions-- ``(i) to ascend and descend stairs using a climbing and descending function; ``(ii) to traverse different terrain and various obstacles (including uneven terrain, curbs of 5 inches in height, grass, gravel, and other soft surfaces) using a 4-wheel drive function; and ``(iii) to provide mobility in a seated position at an elevated height using a balance function; ``(B) has been prescribed for a class III medical mobility- device eligible individual (as defined in paragraph (2)) by the individual's treating physician (as defined in subsection (r)(1)) for an approved indication of the class III medical mobility device; and ``(C) is only dispensed after an assessment of the class III medical mobility-device eligible individual has been completed by a health care professional specified in paragraph (3) who has successfully completed training in making such assessments under standards specified by the Secretary in consultation with representatives of appropriate industry and medical organizations. ``(2) The term `class III medical mobility-device eligible individual' means, with respect to a class III medical mobility device, an individual who, at the time the prescription for the device is written, meets each of the following requirements: ``(A) The individual has a functional limitation of mobility that hinders the individual's ability to perform mobility-related activities of daily living. ``(B) The use of the class III medical mobility device with respect to the individual is for uses of the device that have been approved by the Food and Drug Administration for the device. ``(C) The individual demonstrates sufficient cognitive and physical ability for the proper and safe operation of the device (such as sufficient use of one upper extremity and the ability to dial a push button telephone or operate a hand operated joystick) under such medical standards as the Secretary may specify. ``(D) The individual meets drivers licensing criteria established in 1996 by the Epilepsy Foundation of America. ``(E) The individual is not a resident of an institution that meets the requirements of subsection (e)(1) or section 1819(a)(1). ``(F) The individual has completed a comprehensive training program (that meets standards developed by the Secretary in consultation with appropriate industry representatives) on the safe operation of the class III medical mobility device and its functions. ``(G) The individual was initially entitled to benefits under part A of this title by reason of section 226(b). ``(H) The residence of the individual-- ``(i) has stairs that meet the conditions of use of the class III medical mobility device for a stair as indicated in the labeling of the device; and ``(ii) does not have a mechanical method to ascend or descend such a stair or stairs (such as an elevator or such other mechanical methods as the Secretary may specify). ``(3) A health care professional specified in this paragraph is any of the following: ``(A) A physician (as defined in subsection (r)(1)). ``(B) A physician assistant. ``(C) A nurse practitioner. ``(D) A qualified physical therapist. ``(E) A qualified occupational therapist.''. (c) Conforming Amendments.-- (1) Provision of class iii medical mobility device only to class iii medical mobility-device eligible individual; medical necessity.--Section 1862 of such Act (42 U.S.C. 1395y) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (M), by striking ``and'' at the end; (ii) in subparagraph (N), by striking the semicolon at the end and inserting ``, and''; and (iii) by inserting after subparagraph (N) the following new subparagraph: ``(O) in the case of a class III medical mobility device (as defined in paragraph (1) of section 1861(ccc)), which is furnished other than to a class III medical mobility-device eligible individual (as defined in paragraph (2) of such section);''; and (B) by adding at the end the following new subsection: ``(n) Clarification of Coverage of and Payment for All Functions of Class III Medical Mobility Devices.--In the case of a class III medical mobility device (as defined in section 1861(ccc)(1)) furnished to a class III medical mobility-device eligible individual, each function of such device, including the functions described in subparagraph (A) of such section, are deemed for purposes of subsection (a)(1), to be reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member.''. (2) Payment in connection covered items; purchase agreement option; maintenance.--Section 1834(a) of such Act (42 U.S.C. 1395m(a)) is amended-- (A) in paragraph (1)(B)(ii), by inserting ``and (22)'' after ``(7)''; (B) in paragraph (13), by inserting before the period at the end the following: ``, and also includes a class III medical mobility device (as defined in section 1861(ccc)(1))''; and (C) by adding at the end the following new paragraph: ``(22) Payment for class iii medical mobility devices.-- ``(A) In general.--Subject to the subparagraph (B), in the case of a class III medical mobility device (as defined in section 1861(ccc)(1)), the provisions of paragraph (7) (including the option for a purchase agreement under subparagraph (A)(iii) of such paragraph) shall apply to such device under this paragraph in the same manner as those provisions apply to a covered item under paragraph (7). ``(B) Payment for all functions of class iii medical mobility devices.--In the case of a class III medical mobility device, payment under this paragraph for such device shall be made taking into account all functions of such device, consistent with section 1862(n).''. (3) Requirement for face-to-face encounter with a physician and for written prescription.--Clause (iv) of section 1834(a)(1)(E) of such Act (42 U.S.C. 1395m(a)(1)(E)) is amended-- (A) in the heading, by inserting ``and class iii medical mobility devices'' after ``wheelchairs''; and (B) by adding at the end the following: ``In the case of a covered item consisting of a class III medical mobility device (as defined in paragraph (1) of section 1861(ccc)) for a class III medical mobility- device eligible individual (as defined in paragraph (2) of such section), payment may not be made for such item under this part unless a physician (as defined in section 1861(r)) has conducted such examination and written such prescription for the item.''. (d) Effective Date.--The amendments made by this section shall apply to devices furnished on or after the date of the enactment of this Act.

Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of certain medical mobility devices approved as a class III medical device pursuant to a premarket approval application under the Federal Food, Drug, and Cosmetic Act.

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of certain medical mobility devices approved as class III medical devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Act of 1995''. SEC. 2. SPECIAL RULES. (a) In General.--Section 207(d) of title 18, United States Code, is amended by adding at the end thereof the following: ``(3) Additional restrictions.-- ``(A) Lobbying legislative branch by executive branch officials and appointees.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who-- ``(i)(I)) serves in the position of President or Vice President of the United States, or ``(II) serves in a position in an executive agency (including the Executive Office of the President) on a full-time basis and whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Revolving Door Act of 1995), and ``(ii) is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer, and who, during the 2 years after termination of service or employment as such an official or appointee, 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 Congress on behalf of any other person (except the United States) in connection with any matter on which such former official or appointee seeks action by such a Member or officer or employee acting in the Member's, officer's, or employee's official capacity shall be punished as provided in section 216 of this title. ``(B) Lobbying legislative branch by former members.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is a Member of Congress and who-- ``(i) during the 2 year period after termination of such service, 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 Congress on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by such a Member or officer or employee acting in the Member's, officer's, or employee's official capacity, or ``(ii) during the 5 year period after termination of such service, knowingly makes, with the intent to influence, any communication to or appearance before any Member or employee of the House of Congress in which such former Member served who is a member of or employed by the committee on which such former Member served on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by such a Member or employee acting in the Member's or employee's official capacity shall be punished as provided in section 216 of this title. ``(C) Lobbying legislative branch by former legislative employees.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection-- ``(i) any person who is an officer or employee of either House of Congress employed in a position at a rate of pay equal to or greater than $70,000 (adjusted for any COLA after the date of enactment of the Revolving Door Act of 1995) and who during the 2 year period after termination of such service, 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 Congress on behalf of any other person (except the United States) in connection with any matter on which such former officer or employee seeks action by such a Member or officer or employee acting in the Member's, officer's, or employee's official capacity, or ``(ii) any person who was an employee of either House of Congress employed in a position at a rate of pay equal to or greater than $70,000 (adjusted for any COLA after the date of enactment of the Revolving Door Act of 1995) and who during the 5 year period after termination of such service, knowingly makes, with the intent to influence, any communication to or appearance before any Member or employee of the House of Congress in which such former employee served who is a member of or employed by the committee which employed such former employee on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by such a Member or employee acting in the Member's or employee's official capacity shall be punished as provided in section 216 of this title. ``(D) Lobbying the executive branch by former members or former legislative employees.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is described in subparagraph (B) or (C) and who during the 2 years after termination of service as a Member or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency on behalf of any other person (except the United States) in connection with any matter on which such former Member or employee seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(E) Lobbying the executive branch by executive branch officials and employees.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who-- ``(i)(I)) serves in the position of President or Vice President of the United States, or ``(II) serves in a position in an executive agency (including the Executive Office of the President) on a full-time basis and whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Revolving Door Act of 1995), and ``(ii) is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer, and who, during the 2 years after termination of service or employment as such an official or appointee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency, during the period beginning on the termination of service or employment as such officer or employee and ending 2 years after the termination of service in the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(F) Lobbying a particular department or agency by executive branch officials and employees.--In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is described in subparagraph (E) and who, during the 5 years after termination of service or employment as such an official or appointee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency, in which such person served within 5 years before such termination, during the period beginning on the termination of service or employment as such officer or employee and ending 5 years after the termination of service in the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(G) Supervision of lobbyists.--Any person who is in a position described in subparagraph (B) or (C) may not knowingly, after leaving such position, hold a supervisory position over any person who is likely to make a communication or appearance described in subparagraph (B) or (D). ``(H) Ban.--Any person who was a Member of Congress and who is convicted of a felony may not make any communication or appearance described in subparagraph (B) or (D).''. (b) Conforming Amendments.-- (1) Section 207(d).--Section 207(d)(1)(A) of title 18, United States Code, is amended to read as follows: ``(A) serves in the position of President or Vice President of the United States,''. (2) Section 207(h).--The first sentence of section 207(h)(1) of title 18, United States Code, is amended by inserting after ``subsection (c)'' the following: ``and subsection (d)(3)''. (3) Section 207(e).--Section 207(e)(7) is amended by inserting before the dash the following: ``and subsection (d)''. (c) Foreign Agents.--Section 207(f) of title 18, United States Code, is amended-- (1) by striking ``foreign entity'' each place it appears and inserting ``foreign national''; and (2) by striking paragraphs (2) and (3) and inserting: ``(2) Lobbying on behalf of a foreign national.--(A) In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is in a position described in subparagraph (B) or (C) of subsection (d)(3) and who knowingly, after leaving such position-- ``(i) represents, directly or indirectly, a foreign national before any officer or employee of any department or agency of the United States or any Member of Congress or officer or employee of either House of Congress with the intent to influence a decision of such officer or employee of the United States or Member of Congress or officer or employee of either House of Congress in carrying out the Member's, officer's, or employee's official duties and receives compensation for such representation, or ``(ii) aids or advises, directly or indirectly, a foreign national with the intent to influence a decision of any officer or employee of any department or agency of the United States or any Member of Congress or officer or employee of either House of Congress in carrying out the Member's, officer's, or employee's official duties and receives compensation for such aid or advice, shall be punished as provided in section 216 of this title. ``(3) For purposes of subparagraph (A), the term `foreign national' means-- ``(A) a government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act; ``(B) a person outside of the United States, unless such person is an individual and a citizen of the United States, or unless such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; ``(C) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; or ``(D) a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by an entity described in subparagraph (A), (B), or (C).''. (d) Exceptions.--Section 207(j) of title 18, United States Code, is amended by adding at the end thereof the following: ``(7) Non-influential contacts.--Nothing in this section shall prevent an individual from making requests for appointments, requests for the status of Federal action, or other similar ministerial contacts, if there is no attempt to influence an officer or employee of the legislative or executive branch. ``(8) Comments.--Nothing in this section shall prevent an individual from making communications in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications. ``(9) Adjudication.--Nothing in this section shall prevent an individual from making communications or appearances in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5, or substantially similar provisions. ``(10) Comments for the record.--Nothing in this section shall prevent an individual from submitting written comments filed in a public docket and other communications that are made on the record.''. (e) Use of Profits.--Section 216(b) of title 18, United States Code, is amended by inserting after the first sentence the following: ``Any amount of compensation recovered pursuant to the preceding sentence for a violation of section 207 shall be deposited in the general fund of the Treasury to reduce the deficit.''. SEC. 3. LIMITATION ON CONTRIBUTION OF EXCESS CAMPAIGN FUNDS. Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a) is amended by adding at the end the following new sentence: ``An individual who has excess campaign funds and is neither a candidate for, nor an incumbent of, a Federal office and who is registered under the Federal Regulation of Lobbying Act may not make any contribution from such excess campaign funds to another individual who is a candidate for Federal office or to any authorized committee of such other individual.''. SEC. 4. FLOOR PRIVILEGES. Rule XXXII of the Rules of the House of Representatives is amended by striking ``only if they'' and inserting ``only if they are not lobbyists,''. SEC. 5. ADDITIONAL PRIVILEGES. Any former Member of Congress who is registered under the Federal Regulation of Lobbying Act shall not be permitted to enter any dining area of the Capitol which is reserved for Members of Congress or any gymnasium facility which is reserved for Members of Congress.

Revolving Door Act of 1995 - Amends the Federal criminal code to set forth new provisions prohibiting public officials, within a specified period following termination of their public service, from knowingly making, with intent to influence, any communication or appearance before congressional or executive branch officials or employees, on behalf of any other person seeking official action (lobbying). Prohibits the following individuals, for two years after termination of their service or employment, from lobbying any Member, officer, or employee of Congress: (1) the President or Vice President; (2) Members of Congress; (3) individuals who serve in executive agency positions on a full-time basis, who have a rate of basic pay of at least $70,000, and who are not appointees of the senior foreign service or as uniformed service commissioned officers; and (4) officers or employees of Congress with a rate of pay of $70,000 or above. Prohibits: (1) Members of Congress, the President or Vice President, such executive branch employees, or such congressional employees, for two years after termination of their service or employment, from lobbying any officer or employee of an executive department or agency; (2) Members of Congress or such congressional employees, for five years after termination of their service, from lobbying any congressional committee Members or employees who are members of, or employed by, the committee on which such former Members served or for which such employee worked; or (3) the President, Vice President, or such executive branch employees, for five years after termination of their service or employment, from lobbying any officer or employee of the department or agency in which such person served. Prohibits such a Member, officer, or employee of the Congress from knowingly, after leaving such position, holding a supervisory position over any person who is likely to lobby Congress or executive agencies. Bans any former Member of Congress who is convicted of a felony from lobbying. Applies restrictions on lobbying on behalf of foreign entities to lobbying on behalf of foreign nationals. Prohibits such a Member, officer, or employee of Congress, after leaving such office, from lobbying on behalf of a foreign national for compensation. Provides that nothing in this Act shall prevent an individual from: (1) making requests for appointments, status of Federal action, or other similar ministerial contacts if there is no attempt to influence an officer or employee of the legislative or executive branch; (2) making communications in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in such notice; (3) making communications or appearances in compliance with written agency procedures regarding an adjudication conducted by an agency under adjudication provisions; or (4) submitting written comments filed in a public docket and other communications that are made on the record. Requires compensation recovered pursuant to imposition of a civil penalty upon former officers, employees, and elected officials of the executive and legislative branches for violation of lobbying restrictions to be deposited in the Treasury for deficit reduction. (Sec. 3) Amends the Federal Election Campaign Act of 1971 to prohibit an individual who has excess campaign funds and is neither a candidate for, nor an incumbent of, a Federal office and who is registered under the Federal Regulation of Lobbying Act from making any contribution from such excess campaign funds to another individual who is a candidate for Federal office or to any authorized committee of such other individual. (Sec. 4) Amends rule XXXII of the Rules of the House of Representatives to prohibit lobbyists from being entitled to the privilege of admission to the Hall of the House and rooms leading thereto. (Sec. 5) Prohibits any former Member of Congress who is registered under the Federal Regulation of Lobbying Act from being permitted to enter any dining area of the Capitol or any gymnasium facility which is reserved for Members.

Revolving Door Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Opportunity Investment Trust Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The First Morrill Act (7 U.S.C. 301 et seq.), enacted in 1862, and the Second Morrill Act (7 U.S.C. 321 et seq.), enacted in 1890, brought about a significant change in the system of education in the United States by providing for the sale of public lands in the West and the dedication of the proceeds of those sales to funding the establishment of practical, accessible land grant colleges and universities across the Nation. (2) The land grant colleges and universities have a focus on research, teaching, and outreach, and continue to this day to be leaders in higher education by providing affordable access to high-quality postsecondary education. (3) The land grant colleges and universities also emerged as one of the greatest sources of advanced research that leverages the United States economy and powers the Nation's global competitiveness. (4) The land grant colleges and universities, in conjunction with the Cooperative State Research, Education, and Extension Service, serve to disseminate information learned from research and link research activities to larger societal needs. (5) The potential of advanced Internet, digital spectrum, and other telecommunications technologies to increase the quality and reach of educational resources has barely been tapped. (6) Numerous local and regional educational and community organizations are repositories of knowledge, information, and educational resources and programs that, in terms of accessibility to the potential beneficiaries, are fragmented and uncoordinated. (7) The Telecommunications Act of 1996 and the Balanced Budget Act of 1997 established a framework for the transitions from analog to digital television and for the auction of publicly owned analog spectrum. (8) It has been estimated that the auction of analog spectrum could yield over $20,000,000,000 in revenues for the Treasury of the United States. (9) It is both necessary and appropriate that a substantial portion of the auction funds, stemming as they do from the telecommunications sector, be returned for use in that sector. Therefore, there should be created a multibillion dollar trust, with the trust's funding coming from revenues earned by the Federal Government from auctions of the publicly owned electromagnetic spectrum, which is the 21st century equivalent of the Nation's public lands of an earlier time. SEC. 3. ESTABLISHMENT OF TRUST. (a) In General.--There is established a trust to be known as the ``Digital Opportunity Investment Trust'' (referred to in this Act as the ``Trust''). (b) Funds.-- (1) In general.--The Trust shall consist of such amounts as are transferred to the Trust under paragraph (2) and any interest earned on the investment of amounts in the Trust under section 5. (2) Transfer of funds.--The Secretary of the Treasury shall transfer each fiscal year quarter, through fiscal year 2020, from the general fund of the Treasury to the Trust, an amount equal to 50 percent of the cash payment received by the Federal Government during the preceding fiscal year quarter from-- (A) auctions of the publicly owned electromagnetic spectrum; and (B) licensing fees derived from the publicly owned electromagnetic spectrum. (c) Administration of the Trust.-- (1) Director and deputy director of the trust.--The chairman of the National Science Board shall appoint the following: (A) A Director of the Trust to administer the Trust. (B) A Deputy Director of the Trust to assist and advise the Director of the Trust. (2) Advisory board.-- (A) Establishment.--An Advisory Board (referred to in this Act as the ``Board'') shall be established to advise in the administration of Trust funds, consisting of 8 members who-- (i) are citizens of the United States; (ii) are not regular full-time employees of the Federal Government; (iii) are eminent in such fields as education, telecommunications or information technology, labor, cultural and civic affairs, or the arts and humanities; and (iv) will provide, as nearly as practicable, a broad representation of various regions of the United States, various professions and occupations, and various kinds of talent and experience appropriate to the functions and responsibilities of the Trust. (B) Appointment of members.--The members of the Board shall be appointed as follows: (i) 4 members of the Board shall be appointed by the President. (ii) 2 members of the Board shall be appointed by-- (I) the Majority Leader of the Senate, if such individual is not of the same political party as the President; or (II) the Minority Leader of the Senate, if such individual is not of the same political party as the President. (iii) 2 members of the Board shall be appointed by-- (I) the Majority Leader of the House of Representatives, if such individual is not of the same political party as the President; or (II) the Minority Leader of the House of Representatives, if such individual is not of the same political party as the President. (C) Terms of appointment.-- (i) Date.--Members of the Board shall be appointed not later than 180 days after the date of enactment of this Act. (ii) Terms.--Each member of the Board shall be appointed for the life of the Board. (iii) Vacancies.--A vacancy on the Board shall not affect the Board's powers, and shall be filled in the same manner as the original member was appointed. (D) Meetings.-- (i) First meeting.--Not later than 30 days after the date on which all of the members of the Board have been appointed, the chairman of the National Science Board shall call the first meeting of the Board. (ii) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (E) Board personnel matters.-- (i) Compensation.--Members of the Board shall receive no additional pay, allowances, or benefits by reason of the members' service on the Board. (ii) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (F) Duties.-- (i) In general.--Not later than 6 months after the Board first meets pursuant to subparagraph (D)(i), the Board shall complete and submit to the Director of the Trust and the Deputy Director of the Trust-- (I) a management plan and implementation strategy for the Trust; (II) a detailed national research plan identifying critical challenges to telecommunications and education and the research and development needed to meet the challenges; and (III) recommendations on how best to manage the Trust. (ii) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $4,000,000 for fiscal year 2003. (d) Trust Fund Uses.-- (1) Uses of funds.--In order to achieve the objectives of this Act, which include enhancing Federal education programs, the Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, may use Trust funds-- (A) to supplement Federal funds for Federal education programs; (B) to serve as a venture capital fund for the Nation's nonprofit educational and public service institutions by being dedicated to innovation, experimentation, and research in utilizing new telecommunications and information technologies across the widest possible range of public purposes; (C) to invest in new and promising ideas and prototypes that use advanced telecommunications and information to deliver public information and education in the broadest sense to all Americans throughout their lifetimes; (D) to enable schools, community colleges, universities, libraries, museums, civic organizations, and cultural, arts, humanities centers, and nonprofit agencies or organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from tax under section 501(a) of such Code to take advantage of innovative telecommunications and information technologies to reach outside their walls and into homes, schools, and the workplace; (E) for innovative technologies to reach nontraditional learners, including-- (i) senior citizens; (ii) individuals with disabilities; and (iii) members of the workforce; and (F) to develop innovative strategies to improve-- (i) the teaching of mathematics and science; and (ii) the academic achievement of students in mathematics and science. (2) Contracts and grants.-- (A) In general.--In order to carry out the activities described in paragraph (1), the Director of the Trust, with the agreement of a majority of the members of the Board, may award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques that-- (i) enhance learning; (ii) broaden knowledge; (iii) encourage an informed citizenry and self-government; (iv) make available to all citizens of the United States the best of the Nation's arts, humanities, and culture; and (v) teach the skills and disciplines needed in an information-based economy. (B) Evaluation of proposals.--To the extent practicable, proposals for such contracts or grants shall be evaluated on the basis of comparative merit by panels of experts who represent diverse interests and perspectives, and who are appointed by the Director of the Trust, after consultation with the Deputy Director of the Trust and the Board. (C) Training and education.--The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, in awarding the contracts and grants under subparagraph (A), may use Trust funds to finance the development and testing of innovative models and materials for education in the use of new telecommunications and information technologies. (3) Courses, materials, archives, software, information, programs, resources, and services.--The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, may commission the development of online courses, training materials, archives, software, civic information, quality arts and cultural programs, and other digital resources and services of the highest standards to meet the needs of all United States citizens and help the citizens gain access to the best minds and talents of society. (4) Cooperation.--The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, may cooperate with business, industry, philanthropy, and local and national public service institutions, including enhancing the work of such public service institutions by seeking new ways to put telecommunications and information technologies to work in their areas of interest. (5) Public broadcasting.--The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, may use public broadcasting's state-of-the-art digital transmission system in carrying out the Trust's educational and informational mission. SEC. 4. CONGRESS. (a) Report.-- (1) In general.--Not later than April 30 of each year, the Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, shall prepare a report for the preceding fiscal year, ending September 30, and shall submit such report to the chairman of the National Science Board. (2) Contents.--The report shall include-- (A) a comprehensive and detailed report of the Trust's operations, activities, financial condition, and accomplishments, and such recommendations as the Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, determines appropriate; and (B) a comprehensive and detailed inventory of funds distributed from the Trust during the preceding fiscal year. (3) Submission to the president and congress.--The chairman of the National Science Board shall promptly submit the report prepared under paragraph (1) to the President and Congress. (b) Testimony.--The Director of the Trust, Deputy Director of the Trust, and members of the Board shall testify before appropriate committees of Congress, upon request of such committees, with respect to-- (1) the report prepared under subsection (a)(1); and (2) any other matter that such committees may determine appropriate. SEC. 5. INVESTMENT OF TRUST FUNDS. (a) In General.--The Director of the Trust, after consultation with the Deputy Director of the Trust, the Board, the chairman of the National Science Board, and the Director of the Office of Personnel Management, shall invest the funds of the Trust in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (b) Expenditures.--The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, shall not undertake grant or contract activities under this Act until the Trust has received the interest or other proceeds from the investment of the Trust funds for at least 1 year's duration. Thereafter, the Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, may commence such grant or contract activities at the start of each fiscal year. The Director of the Trust, after consultation with the Deputy Director of the Trust and the Board, in awarding grants or contracts or making other expenditures, shall not obligate funds from the Trust that exceed the proceeds received from the investment of the funds in the Trust during the preceding fiscal year.

Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 50 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and spectrum-derived licensing fees.Establishes an Advisory Board with respect to administration of Trust funds.Permits the Director of the Trust to use Trust funds to: (1) supplement Federal funds for Federal education programs; (2) serve as a venture capital fund for American nonprofit educational and public service institutions by utilizing new telecommunications and information technologies; (3) invest in use of advanced telecommunications and information to deliver public information and education to all Americans; (4) enable schools, universities, libraries, museums, and other specified bodies to take advantage of information technologies; (5) use innovative technologies to reach nontraditional learners, including individuals with disabilities; and (6) further the teaching of mathematics and science.Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations.

A bill to establish the Digital Opportunity Investment Trust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-added Agricultural Products Market Access Act of 1997''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) The export of value-added agricultural products is of vital importance to the economy of the United States. (2) In 1995, agriculture was the largest positive contributor to the United States merchandise trade balance with a trade surplus of $25,800,000,000. (3) The growth of United States value-added agricultural exports should continue to be an important factor in improving the United States merchandise trade balance. (4) Increasing the volume of value-added agricultural exports will increase farm income in the United States, thereby protecting family farms and contributing to the economic well- being of rural communities in the United States. (5) Although the United States efficiently produces high- quality value-added agricultural products, United States producers cannot realize their full export potential because many foreign countries deny fair and equitable market access to United States agricultural products. (6) The Foreign Agricultural Service estimates that United States agricultural exports are reduced by $4,700,000,000 annually due to unjustifiable imposition of sanitary and phytosanitary measures that deny or limit market access to United States products. (7) The denial of fair and equitable market access for United States value-added agricultural products impedes the ability of United States farmers to export their products, thereby harming the economic interests of the United States. (b) Purposes.--The purposes of this Act are-- (1) to reduce or eliminate foreign unfair trade practices and to remove constraints on fair and open trade in value-added agricultural products; (2) to ensure fair and equitable market access for exports of United States value-added agricultural products; and (3) to promote free and fair trade in value-added agricultural products. SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS. (a) Identification Required.--Chapter 8 of title I of the Trade Act of 1974 is amended by adding at the end the following: ``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR VALUE-ADDED AGRICULTURAL PRODUCTS. ``(a) In General.--Not later than the date that is 30 days after the date on which the annual report is required to be submitted to Congressional committees under section 181(b), the United States Trade Representative (hereafter in this section referred to as the `Trade Representative') shall identify-- ``(1) those foreign countries that-- ``(A) deny fair and equitable market access to United States value-added agricultural products, or ``(B) apply standards for the importation of value- added agricultural products from the United States that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and ``(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries. ``(b) Special Rules for Identifications.-- ``(1) Criteria.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries-- ``(A) that engage in or have the most onerous or egregious acts, policies, or practices that deny fair and equitable market access to United States value- added agricultural products, ``(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and ``(C) that are not-- ``(i) entering into good faith negotiations, or ``(ii) making significant progress in bilateral or multilateral negotiations, to provide fair and equitable market access to United States value-added agricultural products. ``(2) Consultation and consideration requirements.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall-- ``(A) consult with the Secretary of Agriculture and other appropriate officers of the Federal Government, and ``(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) and petitions submitted under section 302. ``(3) Factual basis requirement.--The Trade Representative may identify a foreign country under subsection (a)(1) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d)(3). ``(4) Consideration of historical factors.--In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account-- ``(A) the history of value-added agricultural trade relations with the foreign country, including any previous identification under subsection (a)(2), and ``(B) the history of efforts of the United States, and the response of the foreign country, to achieve fair and equitable market access for United States value-added agricultural products. ``(c) Revocations and Additional Identifications.-- ``(1) Authority to act at any time.--If information available to the Trade Representative indicates that such action is appropriate, the Trade Representative may at any time-- ``(A) revoke the identification of any foreign country as a priority foreign country under this section, or ``(B) identify any foreign country as a priority foreign country under this section. ``(2) Revocation reports.--The Trade Representative shall include in the semiannual report submitted to the Congress under section 309(3) a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section. ``(d) Definitions.--For purposes of this section-- ``(1) Value-added agricultural product.--The term `value- added agricultural product' means a product that has traditionally been considered by the Secretary of Agriculture as being a value-added product within the scope of section 303 of the Agricultural Trade Act of 1978 (7 U.S.C. 5653). ``(2) Fair and equitable market access.--A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product through the use of laws, procedures, practices, or regulations which-- ``(A) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or ``(B) constitute discriminatory nontariff trade barriers. ``(e) Publication.--The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of the action under subsection (c). ``(f) Annual Report.--The Trade Representative shall, not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving fair and equitable market access for United States value-added agricultural products.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following: ``Sec. 183. Identification of countries that deny market access for value-added agricultural products.''. SEC. 4. INVESTIGATIONS. (a) Investigation Required.--Subparagraph (A) of section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting ``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding clause (i). (b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of such Act is amended by inserting ``concerning intellectual property rights that is'' after ``any investigation''. SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. Section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D)(iii)(II) and inserting ``; or''; and (3) by adding at the end the following: ``(E) with respect to an investigation of a country identified under section 183(a)(1), to request that the Secretary of Agriculture (who, upon receipt of such a request, shall) direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.''.

Value-added Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), by 30 days after the annual National Trade Estimate is due, to identify those foreign countries that: (1) deny fair and equitable market access to U.S. value-added agricultural products, or that apply standards to such imports that are not related to public health concerns (or cannot be substantiated by reliable analytical methods); and (2) are priority foreign countries (which engage in the most egregious acts, policies, or practices that deny market access to, or whose acts, policies, or practices have the greatest adverse impact on, U.S. value-added agricultural products). Prescribes certain requirements with respect to the identification of such countries. Requires the USTR to report annually to specified congressional committees on actions taken, and on progress made, in achieving market access for U.S. value-added agricultural products. Authorizes the USTR, with respect to the identification of such foreign countries, to request that the Secretary of Agriculture direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such countries that export meat and other agricultural products to the United States.

Value-added Agricultural Products Market Access Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Exports Leading to Peace Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Iraqi people suffered under a decade of war and continue to suffer under a repressive regime and the most comprehensive economic sanctions ever imposed on any country. (2) The economic sanctions have caused extraordinary hardship on the people of Iraq and failed to weaken the leadership of Iraq, and have undermined the institutions of civil society which are necessary for democratic political life. (3) The investigative panel established by the United Nations Security Council and other independent bodies have confirmed that the United Nations Oil-for-Food program has failed to adequately meet the needs of the Iraqi people. (4) According to the United States Department of Agriculture, Iraq represents a potential market for nearly $1,000,000,000 in agricultural products from the United States. (5) The sanctions regime continues to harm the Iraqi population for the crimes of its leaders and has not served either the goal of the United States of punishing Iraq's leaders or disarming weapons of mass destruction. (6) Rigorous weapons inspections and adequate provision for civilian needs in Iraq are not mutually exclusive. (7) The devastating effect of the economic sanctions on Iraq has been reported by numerous international and independent bodies, including the following: (A) The Center for Economic and Social Rights of the United Nations documented dramatic increases in malnutrition and disease, leading to the deaths of hundreds of thousands of children under the age of 5 since 1991. (B) UNICEF reported in 1995 that ``no significant movement towards food security can be achieved so long as the embargo remains in place''. Further, despite the Oil-for-Food Program, UNICEF reported in July 1999 survey findings that ``Both the infant mortality rate and the under-five mortality rate consistently show a major increase in mortality over the 10 years preceding the survey. More specifically, the results show that the infant mortality rate has increased from 47 deaths per 1,000 live births for the period 1984-89, to 108 deaths per 1,000 live births for the period 1994-99.''. (C) A report authorized by the United National Security Council on March 30, 1999, found that ``the gravity of the humanitarian situation of the Iraqi people is indisputable and cannot be overstated.''. Further, it emphasized that ``Even if not all suffering in Iraq can be imputed to external factors, especially sanctions, the Iraqi people would not be undergoing such deprivations in the absence of the prolonged measures imposed by the Security Council and the effects of the war''. (D) UNICEF and the World Food Program found in 1997 that ``One out of every 4 young Iraqi children is malnourished. More than 750,000 children are suffering from malnutrition''. SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN OTHER PRODUCTS. The sanctions applied with respect to Iraq under the Iraq Sanctions Act of 1990 (sections 586-586J of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513)) or any other provision of law shall not apply with respect to the export of any food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the sale or delivery of food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, to Iraq. SEC. 4. EXCEPTIONS. Section 3 shall not apply-- (1) to restrictions imposed under section 5 or 6 of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) on goods by virtue of the technology incorporated in such goods; and (2) to restrictions imposed under section 203 of the International Emergency Economic Powers Act on the export of medical instruments or medical equipment to deal with a threat to the national security of the United States by virtue of the technology incorporated in such medical instruments or equipment. SEC. 5. ADMINISTRATION BY SECRETARY OF COMMERCE. (a) Administration by Secretary of Commerce.--The Secretary of Commerce shall exercise the authorities of the Export Administration Act of 1979, as in effect pursuant to the International Emergency Economic Powers Act, to carry out sections 3 and 4, except that-- (1) the Secretary may not require a license for the export of any of the items to which section 3 applies; but (2) the Secretary shall require persons exporting such items to notify the Secretary of such exports. (b) Regulations.--The Secretary of Commerce shall issue such regulations as are necessary to carry out sections 3 and 4. SEC. 6. SENSE OF CONGRESS. It is the sense of the Congress that the United States Government should take all necessary steps to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Such steps should include, but not be limited to, using its position as a permanent member of the United Nations Security Council to pass all such measures as may be required for the implementation of section 3 of this Act. SEC. 7. REPORT TO CONGRESS. Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the Congress a report that sets forth-- (1) the extent (expressed in volume and dollar amounts) of sales to Iraq of food and other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, and medical equipment, since the enactment of this Act; (2) the impact the exports have had on food security in Iraq; (3) a description of the types and end users of the goods so exported; (4) whether there has been any indication that any medicines, medical supplies, medical instruments, or medical equipment exported to Iraq since the enactment of this Act-- (A) have been diverted by the Government of Iraq or any other third party from the intended recipients; or (B) have been used for any unintended nonhumanitarian or dual-use purposes; and (5) what steps the United States has taken through the United Nations, with the cooperation of Security Council members, to-- (A) lift nonmilitary sanctions on Iraq, including actions described in section 6; or (B) impose a strict regional arms control regime pursuant to Article 14 of Security Council Resolution 687, which calls for ``establishing in the Middle East a zone free from weapons of mass destruction''.

Directs the Secretary of Commerce to exercise the authorities of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) to carry out this Act, except that the Secretary may not require a license for the export of humanitarian assistance, but shall require persons to notify the Secretary when exporting such assistance. Expresses the sense of Congress that the U.S. Government should take all necessary steps (including its position as a permanent member of the United Nations Security Council) to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Directs the President to report to Congress with respect to the export of humanitarian assistance to Iraq.

Humanitarian Exports Leading to Peace Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Firefighters Fairness Act of 2011''. SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN FIRE PROTECTION ACTIVITIES. (a) Definition.--Section 8101 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ``; and'', and by adding at the end the following: ``(21) `employee in fire protection activities' means a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who-- ``(A) is trained in fire suppression; ``(B) has the legal authority and responsibility to engage in fire suppression; ``(C) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and ``(D) performs such activities as a primary responsibility of his or her job.''. (b) Presumption Relating to Employees in Fire Protection Activities.--Section 8102 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) With regard to an employee in fire protection activities, a disease specified in paragraph (3) shall be presumed to be proximately caused by the employment of such employee, subject to the length of service requirements specified. The disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee's duty. Such presumptions may be rebutted by a preponderance of the evidence. ``(2) Such presumptions apply only if the employee in fire protection activities is diagnosed with the disease for which presumption is sought within 10 years of the last active date of employment as an employee in fire protection activities. ``(3) The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities: ``(A) If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities: ``(i) Heart disease. ``(ii) Lung disease. ``(iii) The following cancers: ``(I) Brain cancer. ``(II) Cancer of the blood or lymphatic systems. ``(III) Leukemia. ``(IV) Lymphoma (except Hodgkin's disease). ``(V) Multiple myeloma. ``(VI) Bladder cancer. ``(VII) Kidney cancer. ``(VIII) Testicular cancer. ``(IX) Cancer of the digestive system. ``(X) Colon cancer. ``(XI) Liver cancer. ``(XII) Skin cancer. ``(XIII) Lung cancer. ``(iv) Any other cancer the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. ``(B) Regardless of the length of time an employee in fire protection activities has been employed, any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, the human immunodeficiency virus (HIV), and any other uncommon infectious disease the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject.''. (c) Report.--Not later than 5 years after the date of enactment of this Act, the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention shall examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and submit to Congress a report which shall include-- (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act. (d) Effective Date.--The amendment made by this section applies to an injury that is first diagnosed or a death that occurs, on or after the date of enactment of this Act.

Federal Firefighters Fairness Act of 2011- Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus, and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment if the employee is diagnosed with the disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention (CDC) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.

To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employee's duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Discrimination Award Tax Relief Act''. SEC. 2. DEDUCTION OF EXPENSES PAID OR INCURRED IN CONNECTION WITH ASSERTING OR PROSECUTING A CLAIM FOR AGE, GENDER, RACE, OR OTHER FORM OF PROHIBITED EMPLOYMENT DISCRIMINATION OR FOR RELATED CLAIMS. (a) In General.--Paragraph (2) of section 62(a) of the Internal Revenue Code of 1986 (relating to the definition of adjusted gross income) is amended by adding after subparagraph (C) the following new subparagraph: ``(D) Expenses of employees in bringing or prosecuting employment discrimination claims or related claims.--The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer in connection with the assertion or the prosecution by or on behalf of the taxpayer as an employee or a former employee, against the taxpayer's employer or former employer, of any claim-- ``(i) for age, gender, race, or other form of employment discrimination prohibited by Federal, State, or local law, or ``(ii) for emotional distress or other injury relating to such claimed employment discrimination.''. (b) Effective Date.--The amendment made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 1985. SEC. 3. TREATMENT FOR ALTERNATIVE MINIMUM TAX PURPOSES OF EXPENSES PAID OR INCURRED IN CONNECTION WITH ASSERTING OR PROSECUTING A CLAIM FOR AGE, GENDER, RACE, OR OTHER FORM OF PROHIBITED EMPLOYMENT DISCRIMINATION OR FOR RELATED CLAIMS. (a) In General.--Clause (i) of section 56(b)(1)(A) of the Internal Revenue Code of 1986 (relating to adjustments in computing alternative minimum taxable income and as applicable to individuals) is amended by inserting before the comma ``other than the deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer in connection with the assertion or the prosecution by or on behalf of the taxpayer, as an employee or a former employee, against the taxpayer's employer or former employer, of any claim-- ``(I) for age, gender, race, or other form of employment discrimination prohibited by Federal, State, or local law, or ``(II) for emotional distress or other injury relating to such claimed employment discrimination.''. (b) Effective Date.--The amendment made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 1985. SEC. 4. EXCLUSION FROM GROSS INCOME FOR DAMAGES RECEIVED ON ACCOUNT OF AGE, GENDER, RACE, AND OTHER FORMS OF PROHIBITED EMPLOYMENT DISCRIMINATION. (a) In General.--Section 104(a) of the Internal Revenue Code of 1986 (relating to compensation for injuries or sickness) 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 adding after paragraph (5) the following new paragraph: ``(6) amounts received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of any claim-- ``(A) for age, gender, race, or other form of employment discrimination prohibited by Federal, State, or local law (other than amounts representing backpay), or ``(B) for emotional distress or other injury relating to such claimed employment discrimination.''. (b) Effective Date.--The amendment made by this section shall apply to amounts received in taxable years beginning after December 31, 1985. SEC. 5. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY RECEIVED ON ACCOUNT OF AGE, GENDER, RACE, AND OTHER FORMS OF PROHIBITED EMPLOYMENT DISCRIMINATION. (a) In General.--Subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to readjustment of tax between years and special limitations) is amended by inserting after the table of parts the following new part: ``PART I--AVERAGING OF INCOME FROM BACKPAY AWARDS RECEIVED ON ACCOUNT OF EMPLOYMENT DISCRIMINATION ``Sec. 1301. Income from backpay received on account of age, gender, race, and other forms of prohibited employment discrimination. ``SEC. 1301. INCOME FROM BACKPAY RECEIVED ON ACCOUNT OF AGE, GENDER, RACE, AND OTHER FORMS OF PROHIBITED EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim for age, gender, race, or other form of employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay amount. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay.--The term `employment discrimination backpay' means backpay on account of any claim for age, gender, race, or other form of employment discrimination prohibited by Federal, State, or local law made by or on behalf of the taxpayer. ``(2) Backpay.--The term `backpay' means amounts includible in gross income-- ``(A) which are wages, salaries, retirement pay, or other similar compensation, ``(B) which are received during the taxable year by the taxpayer for services performed as an employee or former employee before such taxable year for the taxpayer's employer or former employer, and ``(C) which are ordered, recommended, or approved by any Federal or State agency or which are amounts received from an award in, or the settlement of, a lawsuit or threatened lawsuit (in either case, regardless of whether as lump sums or as periodic payments). ``(3) Backpay period.--The term `backpay period' means the period during which the services are performed to which the employment discrimination backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to next highest number of whole taxable years. ``(4) Average annual net backpay amount.--The term `average annual net backpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) the amount not includible in gross income by reason of subsection (a)(1)(A), over ``(ii) the amount not allowable as a deduction by reason of subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period.'' (b) Clerical Amendment.--The table of parts for subchapter Q of chapter 1 of such Code is amended by inserting the following new item before the item relating to part V: ``Part I. Averaging of income from backpay awards received on account of employment discrimination.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 1985. SEC. 6. WAIVER OF STATUTE OF LIMITATIONS. If refund or credit of any overpayment of tax resulting from any amendment made by this Act is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), refund or credit of such overpayment (to the extent attributable to such amendment) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period.

Employment Discrimination Award Tax Relief Act - Amends the Internal Revenue Code, with respect to expenses incurred and amounts received in connection with employment discrimination claims, to, among other things: (1) provide for the deduction of expenses incurred in pursuing such a claim; and (2) limit the tax based on income averaging for back pay received from pursuing such a claim.

Employment Discrimination Award Tax Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immigration Reform Commission Act of 2006''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Comprehensive Immigration Reform Commission''. SEC. 3. PURPOSE. The Commission will review and evaluate the implementation and impact of United States immigration policy. SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall conduct a comprehensive review of immigration reform policies that affect family reunification, employment-based immigration, the protection of refugees, and the diversity of admissions by country of origin, consistent with the purpose specified in section 3 and shall submit the report required under subsection (b). (b) Report.-- (1) Report.--Not later than 6 months after the selection of the 2 co-chairpersons and the Executive Director of the Commission, the Commission shall prepare and submit a final report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission to the Congress and the President. (2) Public availability.--The report submitted under this subsection shall be made available to the public. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members, to be appointed as follows: (1) The majority leader of the Senate shall appoint 2 members. (2) The minority leader of the Senate shall appoint 2 members. (3) The Speaker of the House of Representatives shall appoint 2 members. (4) The minority leader of the House of Representatives shall appoint 2 members. (b) Appointments.--The Commission may not include more than 4 Members of Congress or other elected Federal, State, or local government officials. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (d) Date.--Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act. (e) Initial Organization Period.--Not later than 60 days after the date of enactment of this Act, the Commission shall develop and implement a schedule for completion of the review and report required under section 4. (f) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons from among its members. (g) Termination.--The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the report required under section 4(b)(1). SEC. 6. ADMINISTRATION. (a) Meetings.-- (1) In general.--The Commission shall meet at the call of the Co-Chairpersons or a majority of its members. (2) Open meetings.--Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (c) Travel Expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. (d) Staff.-- (1) Executive director.--The Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. (2) Staff appointment.--With the approval of the Commission, the Executive Director may appoint such personnel as the Executive Director determines to be appropriate. (3) Actuarial experts and consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detail of government employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (5) Other resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from the Library of Congress, the Chief Actuary of Social Security, the Congressional Budget Office, and other agencies and elected representatives of the executive and legislative branches of the Federal Government. The Co- Chairpersons of the Commission shall make requests for such access in writing when necessary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2007 $1,500,000 to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the subsection (a) shall remain available, without fiscal year limitation, until expended.

Comprehensive Immigration Reform Commission Act of 2006 - Establishes the Comprehensive Immigration Reform Commission which shall: (1) conduct a comprehensive review of immigration reform policies that affect family reunification, employment-based immigration, refugee protection, and diversity of admissions by country of origin; and (2) submit a final report to Congress and the President. Terminates the Commission 30 days after submission of such report.

To establish the Comprehensive Immigration Reform Commission.

SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND ALCOHOLICS. (a) Amendments Relating to Title II Disability Benefits.-- (1) In general.--Section 225(c) of the Social Security Act (42 U.S.C. 425(c)) is amended-- (A) by striking ``(c)(1)(A)'' and inserting ``(2)(A)''; (B) by striking paragraph (7) and by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (C) by inserting before paragraph (2) as redesignated by subparagraph (A) the following new paragraph: ``(c)(1) No cash benefits shall be payable under this title to any individual who is otherwise entitled to benefits under this title based on disability, if such individual's alcoholism or drug addiction is a contributing factor material to the Commissioner's determination that such individual is disabled.''. (2) Treatment Requirements.-- (A) Section 225(c)(2)(A) of such Act (42 U.S.C. 425(c)(2)(A)), as redesignated by paragraph (1), is amended to read as follows: ``(2)(A)(i) Any individual who would be entitled to cash benefits under this title but for the application of paragraph (1) may elect to comply with the provisions of this subsection. ``(ii) Any individual who is entitled to cash benefits under this title by reason of disability (or whose entitlement to such benefits is suspended), and who was entitled to such benefits by reason of disability, for which such individual's alcoholism or drug addiction was a contributing factor material to the Commissioner's determination that such individual was disabled, for the month preceding the month in which this paragraph takes effect, shall be required to comply with the provisions of this subsection. (B) Section 225(c)(2)(B) of such Act (42 U.S.C. 425(c)(2)(B)), as so redesignated, is amended-- (i) by striking ``who is required under subparagraph (A)'' and inserting ``described in clause (ii) of subparagraph (A) who is required''; and (ii) by striking ``paragraph (3)'' and inserting ``paragraph (4)''. (C) Section 225(c)(3)(A) of such Act (42 U.S.C. 425(c)(3)(A)), as so redesignated, is amended-- (i) by striking ``paragraph (1)'' and inserting ``paragraph (2)(A)''; and (ii) by striking ``paragraph (5)'' and inserting ``paragraph (6)''. (D) Section 225(c)(3)(B) of such Act (42 U.S.C. 425(c)(3)(B)), as so redesignated, is amended by striking ``paragraph (1)'' and inserting ``paragraph (2)(A)''. (E) Section 225(c)(5) of such Act (42 U.S.C. 425(c)(5)), as so redesignated, is amended by striking ``paragraph (2)'' and inserting ``paragraph (3)''. (F) Section 225(c)(6)(A) of such Act (42 U.S.C. 425(c)(6)(A), as so redesignated, is amended-- (i) by striking ``who are receiving benefits under this title and who as a condition of payment of such benefits'' and inserting ``described in paragraph (2)(A)(i) who elect to undergo treatment; and the monitoring and testing of all individuals described in paragraph (2)(A)(ii) who''; (ii) by striking ``under paragraph (1)''; and (iii) by striking ``paragraph (2)(A)'' and inserting ``paragraph (3)(A)''. (G) Section 225(c)(6)(C)(ii)(I) of such Act (42 U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, is amended-- (i) by striking ``residing in the State'' and all that follows through ``they are disabled'' and inserting ``described in paragraph (2)(A) residing in the State''; and (ii) by striking ``paragraph (2)(A)'' and inserting ``paragraph (3)(A)''. (H) Section 225(c)(6)(C)(ii)(III) of such Act (42 U.S.C. 425(c)(6)(C)(ii)(III)), as so redesignated, is amended by striking ``paragraph (2)(A)'' and inserting ``paragraph (3)(A)''. (I) Section 225(c)(6)(C) of such Act (42 U.S.C. 425(c)(6)(C)), as so redesignated, is amended by adding at the end the following: ``(iii) The monitoring requirements of clause (ii) shall not apply in the case of any individual described in paragraph (2)(A)(i) who fails to comply with the requirements of paragraph (2).''. (J) Section 225(c)(7) of such Act (42 U.S.C. 425(c)(7)), as so redesignated, is amended-- (i) in subparagraph (A), by striking ``who is entitled'' and all that follows through ``is under a disability'' and inserting ``described in paragraph (2)(A)''; and (ii) in subparagraph (D), by striking ``(4) or (7)'' and inserting ``(5)''. (K) Section 225(c)(8) of such Act (42 U.S.C. 425(c)(8)) is amended by striking ``(1), (4) or (7)'' and inserting ``(2) or (5)''. (L) Section 225(c) of such Act (42 U.S.C. 425(c)) is amended by adding at the end the following new paragraphs: ``(10) The Commissioner shall provide appropriate notification to each individual subject to the limitation on cash benefits contained in paragraph (1) and the treatment provisions contained in paragraph (2). ``(11) The requirements of paragraph (2) shall cease to apply to any individual if the Commissioner determines that such individual no longer needs treatment.''. (3) Representative payee requirements.-- (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 405(j)(1)(B)) is amended to read as follows: ``(B) In the case of an individual entitled to benefits based on disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) and the individual is incapable of managing such benefits.''. (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 405(j)(2)(C)(v)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in paragraph (1)(B).''. (D) Section 205(j)(4)(A)(i)(II) of such Act (42 U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (b) Amendments Relating to SSI Benefits.-- (1) In general.--Section 1611(e)(3) of the Social Security Act (42 U.S.C. 1382(e)(3)) is amended-- (A) by striking ``(B)'' and inserting ``(C)''; (B) by striking ``(3)(A)'' and inserting ``(B)''; and (C) by inserting before subparagraph (B) as redesignated by paragraph (2) the following new subparagraph: ``(3)(A) No cash benefits shall be payable under this title to any individual who is otherwise eligible for benefits under this title by reason of disability, if such individual's alcoholism or drug addiction is a contributing factor material to the Commissioner's determination that such individual is disabled.''. (2) Treatment requirements.-- (A) Section 1611(e)(3)(B)(i)(I) of such Act (42 U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by paragraph (1), is amended to read as follows: ``(B)(i)(I)(aa) Any individual who would be eligible for cash benefits under this title but for the application of subparagraph (A) may elect to comply with the provisions of this subparagraph. ``(bb) Any individual who is eligible for cash benefits under this title by reason of disability (or whose eligibility for such benefits is suspended) or is eligible for benefits pursuant to section 1619(b), and who was eligible for such benefits by reason of disability, for which such individual's alcoholism or drug addiction was a contributing factor material to the Commissioner's determination that such individual was disabled, for the month preceding the month in which this subparagraph takes effect, shall be required to comply with the provisions of this subparagraph.''. (B) Section 1611(e)(3)(B)(i)(II) of such Act (42 U.S.C. 1382(e)(3)(B)(i)(II)), as so redesignated, is amended by striking ``who is required under subclause (I)'' and inserting ``described in division (bb) of subclause (I) who is required''. (C) Subclauses (I) and (II) of section 1611(e)(3)(B)(ii) of such Act (42 U.S.C. 1382(e)(3)(B)(ii)), as so redesignated, are each amended by striking ``clause (i)'' and inserting ``clause (i)(I)''. (D) Section 1611(e)(3)(B) of such Act (42 U.S.C. 1382(e)(3)(B)), as so redesignated, is amended by striking clause (v) and by redesignating clause (vi) as clause (v). (E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C. 1382(e)(3)(B)(v)), as redesignated by subparagraph (D), is amended-- (i) in subclause (I), by striking ``who is eligible'' and all that follows through ``is disabled'' and inserting ``described in clause (i)(I)''; and (ii) in subclause (V), by striking ``or (v)''. (F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C. 1382(e)(3)(C)(i)), as redesignated by paragraph (1), is amended by striking ``who are receiving benefits under this title and who as a condition of such benefits'' and inserting ``described in subparagraph (B)(i)(I)(aa) who elect to undergo treatment; and the monitoring and testing of all individuals described in subparagraph (B)(i)(I)(bb) who''. (G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act (42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so redesignated, is amended by striking ``residing in the State'' and all that follows through ``they are disabled'' and inserting ``described in subparagraph (B)(i)(I) residing in the State''. (H) Section 1611(e)(3)(C)(iii) of such Act (42 U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is amended by adding at the end the following: ``(III) The monitoring requirements of subclause (II) shall not apply in the case of any individual described in subparagraph (B)(i)(I)(aa) who fails to comply with the requirements of subparagraph (B).''. (I) Section 1611(e)(3) of such Act (42 U.S.C. 1382(e)(3)), as amended by paragraph (1), is amended by adding at the end the following new subparagraphs: ``(D) The Commissioner shall provide appropriate notification to each individual subject to the limitation on cash benefits contained in subparagraph (A) and the treatment provisions contained in subparagraph (B). ``(E) The requirements of subparagraph (B) shall cease to apply to any individual if the Commissioner determines that such individual no longer needs treatment.''. (3) Representative payee requirements.-- (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as follows: ``(II) In the case of an individual eligible for benefits under this title by reason of disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) and the individual is incapable of managing such benefits.''. (B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in subparagraph (A)(ii)(II).''. (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (4) Preservation of medicaid eligibility.--Section 1634(e) of such Act (42 U.S.C. 1382(e)) is amended-- (A) by striking ``clause (i) or (v) of section 1611(e)(3)(A)'' and inserting ``subparagraph (A) or subparagraph (B)(i)(II) of section 1611(e)(3)''; and (B) by adding at the end the following: ``This subsection shall cease to apply to any such person if the Commissioner determines that such person no longer needs treatment.''. (5) Conforming amendment.--Section 201(c) of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) is repealed. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to applicants for benefits under title II or title XVI of the Social Security Act for months beginning on or after the date of the enactment of this Act, without regard to whether regulations have been issued to implement such amendments. (2) Application to current recipients.--Notwithstanding any other provision of law, in the case of an individual who is receiving benefits under title II of the Social Security Act or supplemental security income benefits under title XVI of such Act as of the date of the enactment of this Act and whose entitlement or eligibility for such benefits would terminate by reason of the amendments made by this section, such amendments shall apply with respect to the benefits of such individual for months beginning on or after January 1, 1997, and the Commissioner of Social Security shall so notify the individual not later than 90 days after the date of the enactment of this Act. (3) Benefits under title xvi.--For purposes of this subsection, the term ``benefits under title XVI of the Social Security Act'' includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act, and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66.

Denies monthly cash disability benefits under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI), respectively, of the Social Security Act for drug addicts and alcoholics whose substance abuse is a contributing factor material to their disability. Allows such individuals, instead, to elect to undergo treatment for their substance abuse. (Currently, such recipients are required to undergo treatment only at approved facilities or institutions.) Revises OASDI and SSI program representative payee requirements to require the payment of program benefits through a representative payee if it is in the interest of an otherwise disabled individual with an alcohol or drug addiction condition who is incapable of managing such benefits. Preserves the Medicaid eligibility of SSI recipients denied cash disability benefits because of the connection between their drug addiction or alcoholism and their disability.

A bill to amend the Social Security Act to deny cash benefits to drug addicts and alcoholics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Transportation Advancement Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are to enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation, through programs to-- (1) develop, with industry, research institutions, National Laboratories, and institutions of higher education, projects to foster-- (A) the commercialization of plug-in electric drive vehicle technology for various sizes and applications of vehicles; and (B) growth in employment in the United States in electric drive design and manufacturing of components and vehicles; and (2) optimize the availability of the existing electric infrastructure for use in fueling light duty transportation and other on-road and nonroad vehicles to minimize the use of vehicles and equipment that use petroleum. SEC. 3. NEAR-TERM ELECTRIC TRANSPORTATION. (a) In General.--Paragraph (1) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(c)(1)) is amended-- (1) by striking ``Act'' and inserting ``paragraph''; (2) by striking ``establish a program to provide grants'' and inserting ``establish or maintain a competitive grant and revolving loan program to provide grants and make loans''; and (3) by adding the following new subparagraphs at the end thereof: ``(A) Grant and loan selection.--The Secretary shall select grant and loan recipients based on the overall cost-effectiveness of a proposed qualified electric transportation project in reducing emissions of criteria pollutants, emissions of greenhouse gases, and petroleum usage. ``(B) Revolving loans.-- ``(i) Criteria.--The Secretary shall establish criteria for the provision of loans under this subsection. ``(ii) Funding.--Of amounts made available to carry out this subsection, the Secretary shall use amounts not used to provide grants to make loans under this subsection.''. (b) Priority.--Paragraph (2) of subsection (c) of section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(c)(2)) is amended by striking ``grants under'' and inserting ``grants and loans under''. SEC. 4. ELECTRIC TRANSPORTATION INVENTORY. Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011) is amended by adding at the end the following new subsection: ``(e) Market Assessment Program.--The Secretary, in consultation with the Administrator and private industry, shall carry out a program-- ``(1) to inventory and analyze existing electric transportation technologies and hybrid transportation technologies and markets; and ``(2) to identify and implement methods of promoting existing and emerging applications of electric transportation technologies and hybrid transportation technologies.''. SEC. 5. ELECTRICITY USAGE PROGRAM AND CERTIFICATION. Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by section 4 of this Act, is further amended by adding at the end the following new subsections: ``(f) Electricity Usage Program.-- ``(1) In general.--The Secretary, in consultation with the Administrator and private industry, shall carry out a program-- ``(A) to work with utilities to develop low-cost, simple methods of-- ``(i) using off-peak electricity; or ``(ii) managing on-peak electricity use; ``(B) to develop systems and processes-- ``(i) to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers; and ``(ii) to work with utilities and other interested stakeholders to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on the production of electricity from renewable resources; and ``(C) to study and demonstrate the potential value to the electric grid to use the energy stored in on- board storage systems of plug-in electric drive vehicles to improve the efficiency and reliability of the grid generation system. ``(g) Plug-in Hybrid Electric Vehicle and Electric Transportation Technology Certification.-- ``(1) In general.--For the purpose of enabling the introduction of plug-in hybrid electric drive vehicles and electric transportation technology into commercial use, the Administrator shall develop, in consultation with industry, the Secretary, and the National Laboratories, a program to certify-- ``(A) the emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and ``(B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. ``(2) Certification.--The certifications made pursuant to paragraph (1) shall include consideration of-- ``(A) the entire vehicle propulsion system, not just the engine; ``(B) nightly off-board charging; and ``(C) different engine turn-on control strategies. ``(3) Task force.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall establish a task force representing auto manufacturers, truck manufacturers, National Laboratories, public agencies, utilities, and other interested stakeholders to recommend certification protocols for certifying-- ``(A) the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and ``(B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. ``(4) Public comment.--Not later than 2 years after the date of enactment of this subsection, the Administrator shall publish the certification protocols recommended pursuant to paragraph (3) for public comment. ``(5) Final protocols.--Not later than 3 years after the date of enactment of this subsection, the Administrator shall adopt and publish final certification protocols for certifying-- ``(A) the emissions, fuel economy, and petroleum usage of a wide variety of plug-in hybrid electric drive vehicles; and ``(B) the emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. ``(6) Evaluation and modification of electric transportation technology protocols.-- ``(A) Evaluation.--Not later than 2 years after the adoption of the certification protocols pursuant to paragraph (5), and every 2 years thereafter, the Administrator, in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders shall evaluate and modify, as necessary, such certification protocols to ensure that-- ``(i) for plug-in hybrid electric drive vehicles, such protocols accurately measure emissions, fuel economy, and petroleum usage of such vehicles; and ``(ii) for other forms of electric transportation technology, such protocols accurately measure emissions reductions, fuel economy improvements, and petroleum usage reductions from such technology. ``(B) Modification.--The Administrator shall modify such certification protocols for such plug-in hybrid electric drive vehicles and electric transportation technologies to realize the full potential of the benefits of such vehicles and technologies, in terms of reduction of emissions of criteria pollutants, reduction of energy use, and reduction of petroleum use. In modifying such certification protocols, the Administrator shall consider-- ``(i) the entire vehicle propulsion system, not just the engine; ``(ii) nightly off-board charging, as applicable; and ``(iii) different engine turn-on control strategies. ``(7) Plug-in hybrid electric drive vehicle.--For purposes of this subsection, the term `plug-in hybrid electric drive vehicle' means a light-duty, medium-duty, or heavy-duty on-road or nonroad vehicle that is propelled by any combination of-- ``(A) an electric motor and on-board, rechargeable energy storage system capable of operating the vehicle in intermittent or continuous all-electric mode and that is rechargeable using an off-board source of electricity; and ``(B) an internal combustion engine or heat engine using any combustible fuel.''. SEC. 6. CITY CARS. Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by sections 4 and 5 of this Act, is further amended by adding at the end the following new subsection: ``(h) City Cars.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation in consultation with the Secretary, appropriate Federal agencies, and interested stakeholders in the public, private, and non-profit sectors, shall study, and submit a report to Congress on the benefits, including the petroleum savings of, and barriers to, the widespread deployment of a potential new class of vehicles known as City Cars with performance capability that exceeds that of low speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles. Such study shall examine, and such report shall recommend, appropriate safety requirements for such vehicles based on patterns of usage. Such study shall examine the benefits and issues associated with limiting City Cars to a maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum speed, and such report shall make a recommendation regarding the maximum speed of such City Cars. ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.''. SEC. 7. TRANSITION TO FUEL NEUTRAL EPA REGULATIONS. Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011), as amended by sections 4, 5, and 6 of this Act, is further amended by adding at the end the following new subsection: ``(i) Transition to Fuel and Technology Neutral Regulations.-- ``(1) Findings.--The Congress finds the following: ``(A) In light of advances in automotive engine technologies since the passage of the Clean Air Act (42 U.S.C. 7401 et seq.), it is necessary to modify the control of mobile source emissions pursuant to such Act to establish fuel and technology neutral mobile source emissions control programs. ``(B) Replacement of current emissions control requirements with a new fuel and technology neutral program that encourages use of the most fuel efficient and environmentally benign vehicles could include all vehicle technologies, including vehicles with spark- ignited engines, compression-ignited engines, and other engine types, dual fueled vehicles, flexible fuel vehicles, fuel cell electric vehicles, battery electric vehicles, plug-in hybrid electric vehicles, corded electric vehicle equipment, and other electric propulsion technologies. ``(2) Reports.-- ``(A) Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing all of the fuel definitions and technology definitions specific to vehicles in Federal law and regulation and recommend how such definitions may be changed to be fuel and technology neutral. ``(B) Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress describing how petroleum reductions, emissions reductions, and reductions in full fuel cycle criteria pollutants may be incorporated into the fuel and technology neutral emissions reduction program required under paragraph (3), including any changes needed to existing law to achieve the purposes of the Electric Transportation Advancement Act of 2009. ``(3) Rulemaking.--Not later than 2 years after the submission of the report required under paragraph (2)(B), the Administrator shall adopt final rules to implement a fuel and technology neutral program to reduce tailpipe and evaporative emissions of criteria pollutants from mobile sources. Such program shall take effect not later than 10 years after the date of enactment of this subsection. ``(4) Fuel and technology neutral mobile source emission control program.--In this subsection, the term `fuel and technology neutral mobile source emissions control program' means a fuel and technology neutral program described under paragraph (1)(B) that contains emissions controls for criteria pollutants from mobile sources and a credit-based compliance mechanism for manufacturers of mobile source technologies that is at least as protective of public health as the previous applicable emissions control program. ``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.''. SEC. 8. RESEARCH AND DEVELOPMENT DIVERSIFICATION. Subsection (m) of section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(m)) is amended by adding at the end the following new sentence: ``Of amounts made available to carry out the programs established under subsections (i), (j), and (k), not more than 30 percent shall be awarded to the National Laboratories.''.

Electric Transportation Advancement Act of 2009 - Amends the Energy Independence and Security Act of 2007 to direct the Secretary of Energy to make loans as well as (under current law) grants for qualified electric transportation projects, especially near-term projects. Directs the Secretary to inventory existing electric transportation technologies and hybrid transportation technologies and markets and implement methods of promoting them. Directs the Secretary to: (1) work with utilities to develop low-cost, simple methods of using off-peak electricity or managing on-peak electricity use; (2) develop systems to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers and work with utilities to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on electrical production from renewable resources; and (3) study and demonstrate the potential value to the electric grid of using energy stored in on-board storage systems of plug-in electric drive vehicles. Directs the Administrator of the Environmental Protection Agency (EPA) to develop a program to certify: (1) emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and (2) emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology. Requires the EPA Administrator to establish a task force to recommend certification protocols. Directs the Secretary of Transportation to study and report to Congress on the benefits of and barriers to the widespread deployment of City Cars with performance capability that exceeds that of low-speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles. Directs the EPA Administrator to: (1) recommend to Congress how vehicle fuel definitions may be changed to be fuel and technology neutral; and (2) report to Congress on how petroleum, emissions, and pollutant reductions may be incorporated into the fuel and technology neutral emissions reduction program. Limits the amount of certain electric vehicle energy storage research and development funding available to the National Laboratories.

To enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Military Voting Support Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of the Senate regarding the importance of voting by members of the uniformed services. Sec. 3. Standard for invalidation of ballots cast by absent uniformed services voters in Federal elections. Sec. 4. Guarantee of residency and voting rights. Sec. 5. Use of buildings on military installations and reserve component facilities as polling places. Sec. 6. Maximizing the access of recently separated uniformed services voters to the polls. Sec. 7. Uniformed services electronic voting demonstration project. Sec. 8. Governors' reports on implementation of Federal Voting Assistance Program recommendations. SEC. 2. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF VOTING BY MEMBERS OF THE UNIFORMED SERVICES. It is the sense of the Senate that each administrator of a Federal, State, or local election should-- (1) be aware of the importance of the ability of each uniformed services voter (as defined in section 7(a)(4)) to exercise their right to vote; and (2) perform their duties with the intent to ensure that-- (A) each uniformed services voter receives the utmost consideration and cooperation when voting; and (B) each valid ballot cast by such a voter is duly counted. SEC. 3. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS. (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by striking ``Each State'' and inserting ``(a) In General.--Each State''; and (2) by adding at the end the following: ``(b) Standards for Invalidation of Certain Ballots.-- ``(1) In general.--A State may not refuse to count a ballot submitted in an election for Federal office by an absent uniformed services voter on the grounds that the ballot was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud in the preparation or casting of the ballot by the voter. ``(2) Clear and convincing evidence.--For purposes of this subsection, the lack of a witness signature, address, postmark, or other identifying information may not be considered clear and convincing evidence of fraud (absent any other information or evidence). ``(3) No effect on filing deadlines under state law.-- Nothing in this subsection may be construed to affect the application to ballots submitted by absent uniformed services voters of any ballot submission deadline applicable under State law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to ballots described in section 102(b) of the Uniformed and Overseas Citizens Absentee Voting Act (as added by such subsection) that are submitted with respect to elections that occur after the date of enactment of this Act. SEC. 4. GUARANTEE OF RESIDENCY AND VOTING RIGHTS. (a) Guarantee of Residency.--Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 700 et seq.) is amended by adding at the end the following: ``Sec. 704. (a) For purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or any office of a State, a person in the military service who is absent from a State because of compliance with military or naval orders shall not, solely by reason of that absence, be deemed to have-- ``(1) lost a residence or domicile in any State (regardless of the intent of the person); ``(2) acquired a residence or domicile in any other State; or ``(3) become resident in or a resident of any other State. ``(b) In this section, the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (b) Guarantee of Voting Rights.-- (1) Registration and balloting.--Section 102 of the Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) (as amended by section 3) is amended by adding at the end the following: ``(c) Elections for State and Local Offices.--Each State shall-- ``(1) permit absent uniformed services voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for State and local office; and ``(2) accept and process, with respect to any election described in paragraph (1), any otherwise valid voter registration application from an absent uniformed services voter, if the application is received by the appropriate State election official not less than 30 days before the election.''. (2) Conforming amendment.--The heading of title I of the Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended to read as follows: ``TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS''. SEC. 5. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE COMPONENT FACILITIES AS POLLING PLACES. (a) Use of Military Installations Authorized.--Section 2670 of title 10, United States Code, is amended-- (1) by striking ``Under'' and inserting ``(a) Use by Red Cross.--Under''; (2) by striking ``this section'' and inserting ``this subsection''; and (3) by adding at the end the following new subsection: ``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title), the Secretary of a military department may make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office. ``(2) Once a military installation is made available as the site of a polling place with respect to a Federal, State, or local election for public office, the Secretary shall continue to make the site available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the site will no longer be made available as a polling place. ``(3) In this section, the term `military installation' has the meaning given the term in section 2687(e) of this title.''. (b) Use of Reserve Component Facilities.-- (1) Use permitted by secretary.--Section 18235 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) Pursuant to a lease or other agreement under subsection (a)(2), the Secretary may make a facility covered by subsection (a) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title). Once a facility is made available as the site of a polling place with respect to an election for public office, the Secretary shall continue to make the facility available for subsequent elections for public office unless the Secretary provides to Congress advance notice in a reasonable and timely manner of the reasons why the facility will no longer be made available as a polling place.''. (2) Use permitted by states.--Section 18236 of such title is amended by adding at the end the following new subsection: ``(e) Pursuant to a lease or other agreement under subsection (c)(1), a State may make a facility covered by subsection (c) available for use as a polling place in any Federal, State, or local election for public office notwithstanding chapter 29 of title 18 (including sections 592 and 593 of such title).''. (c) Conforming Amendments to Title 18.-- (1) Not considered troops at polls.--Section 592 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (2) Not considered interference by armed forces.--Section 593 of such title is amended by adding at the end the following: ``This section shall not prohibit the use of buildings located on military installations, or the use of reserve component facilities, as polling places in Federal, State, and local elections for public office in accordance with section 2670(b), 18235, or 18236 of title 10.''. (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the following: ``Making a military installation or reserve component facility available as a polling place in a Federal, State, or local election for public office in accordance with section 2670(b), 18235, or 18236 of title 10, United States Code, shall be deemed to be consistent with this section.''. (e) Clerical Amendments.-- (1) The heading of section 2670 of title 10, United States Code, is amended to read as follows: ``Sec. 2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections''. (2) The item relating to such section in the table of sections at the beginning of chapter 159 of such title is amended to read as follows: ``2670. Buildings on military installations: use by American National Red Cross and as polling places in Federal, State, and local elections.''. SEC. 6. MAXIMIZING THE ACCESS OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS TO THE POLLS. (a) In General.--For purposes of voting in any primary, special, general, or runoff election for Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), each State shall, with respect to any recently separated uniformed services voter requesting to vote in the State-- (1) deem the voter to be a resident of the State; (2) waive any requirement relating to any period of residence or domicile in the State for purposes of registering to vote or voting in that State; (3) accept and process, with respect to any primary, special, general, or runoff election, any otherwise valid voter registration application from the voter on the day of the election; and (4) permit the voter to vote in that election. (b) Definitions.-- (1) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (2) Recently separated uniformed services voter.--The term ``recently separated uniformed services voter'' means any individual that was a uniformed services voter (as defined in section 7(a)(4)) on the date that is 60 days before the date on which the individual seeks to vote and who-- (A) presents to the election official Department of Defense form 214 evidencing their former status as such a voter, or any other official proof of such status; (B) is no longer such a voter; and (C) is otherwise qualified to vote. SEC. 7. UNIFORMED SERVICES ELECTRONIC VOTING DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Federal office.--The term ``Federal office'' has the meaning given such term in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431). (2) Secretary.--The term ``Secretary'' means the Secretary of Defense. (3) Uniformed services.--The term ``uniformed services'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration. (4) Uniformed services voter.--The term ``uniformed services voter'' means-- (A) a member of a uniformed service on active duty; (B) a member of the merchant marine (as defined in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6)); and (C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who is qualified to vote. (b) Demonstration Project.--During the elections for Federal office held in 2002, the Secretary shall establish a demonstration project for the purpose of determining the feasibility and advisability of the use of an electronic voting system by uniformed services voters during the elections for Federal office to be held in 2004. (c) Report.--Not later than June 1, 2003, the Secretary shall submit a report to Congress on the demonstration project conducted under subsection (b) together with such recommendations for legislative and administrative action as the Secretary determines appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 8. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL VOTING ASSISTANCE PROGRAM RECOMMENDATIONS. (a) Definitions.--In this section: (1) Legislative recommendation.--The term ``legislative recommendation'' means a recommendation of the Presidential designee suggesting a modification in the laws of a State for the purpose of maximizing the access to the polls of absent uniformed services voters and overseas voters, including each recommendation made under section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3). (2) Presidential designee.--The term ``Presidential designee'' means the head of the executive department designated under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff). (b) Reports.--During the period described in subsection (c), not later than 90 days after the date on which a State receives a legislative recommendation, the State shall submit to the Presidential designee and to each Member of Congress that represents that State, a report on the status of the implementation of that recommendation. (c) Period Described.--The period described in this subsection is the period beginning on the date of enactment of this Act and ending 3 years after such date.

Military Voting Support Act of 2001 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to prohibit: (1) a State from refusing to count a ballot submitted in an election for Federal office by an absent uniformed services voter because it was improperly or fraudulently cast, unless the State finds clear and convincing evidence of fraud in ballot preparation or casting; and (2) lack of identifying information from being considered clear and convincing evidence of fraud.Amends the Soldiers' and Sailors' Civil Relief Act of 1940, for purposes of voting for any State or Federal office, to prohibit a person in military service absent from a State because of compliance with military or naval orders, from being deemed, solely by reason of that absence, to have: (1) lost a residence or domicile in any State; (2) acquired a residence or domicile in any other State; or (3) become a resident in or a resident of any other State.Amends the Uniformed and Overseas Absentee Voting Act to require each State to: (1) permit absent uniformed services voters to use absentee registration procedures and vote by absentee ballot in general, special, primary, and runoff elections for State and local office; and (2) accept and process, with respect to any such election, any otherwise valid voter registration application from an absent uniformed services voter, if the application is received by the appropriate State election official before the election.Amends Federal armed forces law to authorize: (1) the Secretary of a military department to make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office; and (2) the Secretary of Defense to make reserve component facilities available for the same purpose.Requires each State, with respect to any recently separated uniformed services voter requesting to vote in a Federal election, to: (1) deem the voter to be a resident of the State; (2) waive any residency or domicile requirement; (3) accept and process any otherwise valid voter registration application from the voter on the day of the election; and (4) permit the voter to vote.Directs the Secretary, during Federal elections in 2002, to establish a demonstration project to determine the feasibility and advisability of using an electronic voting system by uniformed services voters during such elections in 2004.

A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act, the Soldiers' and Sailors' Civil Relief Act of 1940, and title 10, United States Code, to maximize the access of uniformed services voters and recently separated uniformed services voters to the polls, to ensure that each vote cast by such a voter is duly counted, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organized Retail Crime Act of 2008''. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--Congress makes the following findings: (1) Organized retail crime involving the obtaining by fraud and theft of retail merchandise from entities engaged in interstate commerce is a nationwide problem of an increasing scale and is expected to cost American companies and consumers more than $30,000,000,000 annually. (2) The increasing losses by retailers as a result of organized retail crime make certain goods and products less available and accessible to American consumers. (3) The uncontrolled redistribution and unsafe storage of stolen and fraudulently obtained consumer products such as baby formula, over-the-counter drugs, and other products by persons engaged in such organized retail crime is a health and safety hazard to American consumers. (4) The unregulated black-market sales of such fraudulently obtained and stolen merchandise results in an estimated $1,600,000,000 annual loss in much needed sales and income tax revenues to State and local governments. (5) The illegal income from the expanding theft and resale of stolen retail goods is reasonably believed to benefit persons and organizations engaged in other forms of criminal activity such as drug trafficking, gang activity, and terrorism. (6) Organized retail crime rings often obtain retail merchandise through the use of checks for which there are insufficient funds or that are forged or stolen, frequently returning the merchandise to fraudulently obtain refunds. Such practices create major problems for the retail industry and the national banking system. (7) Organized retail crime rings are increasingly using counterfeit, forged, misappropriated, and improperly transferred Universal Product Code labels and other devices employed to identify articles for sale as a method for achieving their ends. (8) The dramatic growth of organized retail crime and the unfettered resale of such stolen and fraudulently obtained goods in national and international Internet-based marketplaces has resulted in effective evasion by such resellers of State and local regulations on secondhand goods and article resellers which had traditionally been used to control the possession, resale, and transfer of stolen goods. (9) The unrestricted expansion of anonymous Internet-based marketplaces for stolen and fraudulently obtained goods has resulted in a dramatic increase in the deployment of organized retail crime rings seeking to sell stolen goods in Internet- based marketplaces. (10) Conduct constituting organized retail crime and conduct facilitating organized retail crime both substantially affect interstate commerce. (b) Statement of Purpose.--In light of the above findings, the purposes of this Act are as follows: (1) To protect consumers, retailers, the national banking system, and State and local governments from the more than $30,000,000,000 annual problem of organized retail crime as well as the related adverse health and safety risks it creates. (2) To continue to allow legitimate transactions to occur on online marketplaces while addressing the growing problem of fencing stolen merchandise over the Internet (``e-fencing'') that facilitates organized retail crime. SEC. 3. ORGANIZED RETAIL CRIME. (a) Definitions.--Section 2311 of title 18, United States Code, is amended-- (1) by inserting after the fifth paragraph (relating to the definition of ``motor vehicle'') the following: ```Organized retail crime' means-- ``(1) the stealing, embezzlement, or obtaining by fraud, false pretenses, or other illegal means, of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or ``(2) the recruitment of persons to undertake, or the coordination, organization, or facilitation of, such stealing, embezzlement, or obtaining by fraud, false pretenses, or other illegal means;''; (2) by inserting before the paragraph inserted by subsection (a)(1) of this section, the following: ```Online marketplace' means-- ``(1) an Internet site where persons other than the operator of the Internet site can enter into transactions for the sale of goods or services and in which-- ``(A) such goods or services are promoted through inclusion in search results displayed within the Internet site; and ``(B) the operator of the Internet site-- ``(i) has the contractual right to supervise the activities of the person with respect to such goods or services; or ``(ii) has a financial interest in the sale of such goods or services;''; (3) by inserting after the second paragraph, relating to the definition of ``cattle'', the following new paragraph: ```Internet site' means a location on the Internet accessible at a specific Internet domain name, is accessible at a specific address under the Internet Protocol (or any successor protocol), or is identified by a uniform resource locator;''; and (4) by inserting before the paragraph inserted by paragraph (3) of this subsection, the following new paragraph: ```High-volume seller' means a seller on an online marketplace who in the past 12 months has made or offered to make discrete transactions aggregating at least $12,000;''. (b) Transportation of Stolen Goods.--The first paragraph of section 2314 of title 18, United States Code, is amended by inserting ``or engages in organized retail crime involving the transporting, transmitting, or transferring in interstate or foreign commerce any goods, wares, or merchandise,'' after ``$5,000 or more,''. (c) Sale or Receipt of Stolen Goods.--The first paragraph of section 2315 of title 18, United States Code, is amended by inserting ``or engages in organized retail crime involving receiving, possessing, concealing, storing, bartering, selling, or disposing of any goods, wares, or merchandise,'' after ``$5,000 or more,''. (d) Fraud in Connection With Access Devices.--Section 1029(e)(1) of title 18, United States Code, is amended-- (1) by inserting ``(including gift card)'' after ``card''; (2) by inserting ``(including a Universal Product Code label)'' after ``code''; and (3) by inserting ``(including a radio frequency identification transponder)'' after ``identifier''. (e) Facilitation of Organized Retail Crime.-- (1) In general.--The first paragraph of section 2315 of title 18, United States Code, as amended by subsection (c) of this section, is further amended by inserting ``, or facilitates such organized retail crime, including, but not limited to, facilitation through the operation of an online marketplace for the sale of goods and services, knowing or having reasonable cause to know that such organized retail crime is facilitated by such operation'' before ``; or'' at the end of the paragraph. (2) Operator of an online marketplace.--Section 2315 of title 18, United States Code, is further amended by inserting before the last paragraph the following: ``It is unlawful for an operator of an online marketplace to fail to-- ``(1) expeditiously investigate when credible evidence of sales of goods or services acquired through organized retail crime on its online marketplace comes to its attention, and remove from the online marketplace or disable access to material from the online marketplace of sellers offering goods or services when the result of the investigation provides knowledge or a reasonable cause to know that the goods or services were acquired through organized retail crime, and maintain a record of all investigations for a minimum of three years; ``(2) require the seller of property whose merchandise packaging identifies the property as being available from a particular or exclusive retail source, to post such identifying information conspicuously on the Internet site where other information about the property is posted; and ``(3) in the case of each high volume seller-- ``(A) maintain the following information for three years-- ``(i) the name, telephone number, e-mail address, legitimate physical address, any user identification, and company name of the high- volume seller; and ``(ii) all transactions conducted by each high-volume seller on the online marketplace for the most recent three-year period; and ``(B) require any high-volume seller to-- ``(i) conspicuously post its name, telephone number, and legitimate address on the Internet site where other information about the property being sold by the high-volume seller is posted; or ``(ii) provide, upon request of any business that has a reasonable suspicion that goods or services at the site were acquired through organized retail crime, its name, telephone number, and legitimate physical address.''. (f) Review and Amendment of Federal Sentencing Guidelines Related to Organized Retail Crime.-- (1) Review and amendment.--The United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines (including its policy statements) applicable to persons convicted of offenses involving organized retail crime under-- (A) sections 1029, 2314, and 2315 of title 18, United States Code; and (B) any other relevant provision of the United States Code. (2) Requirements.--In carrying out the requirements of this section, the United States Sentencing Commission shall-- (A) ensure that the Federal sentencing guidelines (including its policy statements) reflect-- (i) the serious nature of the offenses and penalties referred to in this Act; (ii) the magnitude of organized retail crime; and (iii) the need to deter, prevent, and punish such offense; (B) consider the extent to which the Federal sentencing guidelines (including its policy statements) adequately address violations of the sections amended by this Act to sufficiently deter and punish such offenses; (C) maintain reasonable consistency with other relevant directives and sentencing guidelines; (D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; and (E) consider whether to provide a sentencing enhancement for those convicted of conduct proscribed by this Act, where such conduct involves-- (i) organized retail crime; (ii) sale or resale of a product in an online marketplace; (iii) a threat to public health and safety, including but not limited to alteration of an expiration date or of product ingredients; (iv) theft, conversion, alteration, or removal of a product label; (v) alteration, transfer, theft, conversion, counterfeiting, or reproduction of a Universal Product Code label; and (vi) use of a fire or emergency exit. (g) Civil Forfeiture.-- (1) Section 2315 of title 18, United States Code, is further amended by inserting before the last paragraph the following: ``This section shall have the following civil forfeiture provisions: ``(1) Any property used, in any manner or part, to commit organized retail crime or the facilitation of organized retail crime shall be subject to forfeiture to the United States. ``(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article be returned to the rightful owner or otherwise disposed of according to law. ``(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States-- ``(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense of organized retail crime or the facilitation of organized retail crime; and ``(ii) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of either such offense. ``(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. ``(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the property and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). ``(5) The term `victim', as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).''. SEC. 4. ACTIONS AGAINST AN OPERATOR OF AN ONLINE MARKETPLACE. (a) In General.--Any business whose goods or services were sold or otherwise used in the facilitation of organized retail crime through the operation of an online marketplace may bring a civil action against the operator of the online marketplace for violations of section 3(e) with respect to such goods and services in any district court of the United States to enjoin further violation of this Act by the person or entity and to recover damages for any loss resulting from such violation. (b) Subsequent Actions.--A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this Act shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by any business whose goods or services were sold or otherwise used in an act of organized retail crime. SEC. 5. NO PREEMPTION OF STATE LAW. No provision of this Act, including any amendment made by this Act, shall be construed as indicating an intent on the part of Congress to occupy the field in which that provision or amendment operates, including criminal penalties, to the exclusion of any State law on the same subject matter that would otherwise be within the authority of the State, unless there is a positive conflict between that provision or amendment and that State law so that the two cannot consistently stand together. SEC. 6. EFFECTIVE DATE. The amendments made by this Act take effect 120 days after the date of the enactment of this Act.

Organized Retail Crime Act of 2008 - Amends the federal criminal code to define "organized retail crime" as: (1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or (2) the recruitment of persons to participate in such criminal activities. Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace. Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally. Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime. Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime. Provides for civil forfeiture of any property used to commit or facilitate organized retail crime. Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages.

To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Services, Tools, and Opportunities to Prevent Homelessness Act of 2018'' or the ``STOP Homelessness Act of 2018''. SEC. 2. CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND ``Sec. 6098. Contributions to the Stop Homelessness Fund. ``SEC. 6098. CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Stop Homelessness Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Stop Homelessness Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. STOP HOMELESSNESS FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Stop Homelessness Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Stop Homelessness Fund amounts equal to the product of-- ``(1) 2, multiplied by ``(2) the amounts designated and contributed under section 6098. ``(c) Expenditures.--Amounts in the Stop Homelessness Fund shall be available (and shall remain available until expended) to the Secretary of Housing and Urban Development, in consultation with the Interagency Council on Homelessness, the Secretary of Labor, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services, for the purpose of providing housing and services to homeless and formerly homeless individuals through the development and implementation of new and innovative strategies and existing evidence-based programs to prevent and end homelessness. ``(d) Advance Notice.--The Secretary Housing and Urban Development shall submit a detailed expenditure plan for any amounts in the Stop Homelessness Fund to the Committee on Financial Services and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate not later than 60 days prior to any expenditure of such amounts. ``(e) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2019 and every year thereafter, the Secretary of Housing and Urban Development shall include a description of the use of funds from the Stop Homelessness Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Contributions to the Stop Homelessness Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Stop Homelessness Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

Services, Tools, and Opportunities to Prevent Homelessness Act of 2018 or the STOP Homelessness Act of 2018 This bill amends the Internal Revenue Code to: (1) establish the Stop Homelessness Fund for the Department of Housing and Urban Development (HUD) to use to provide housing and services to homeless and formerly homeless individuals; (2) allow individual taxpayers to designate on their tax returns a portion (not less than $1) of any overpayment of tax or an additional contribution for the fund; (3) provide appropriations to the fund equal to twice the amount that is designated and contributed by taxpayers to the fund; and (4) require HUD to include in the President's budget, beginning with FY2019, a description of the uses of the fund during the previous fiscal year and the proposed uses for the next fiscal year.

Services, Tools, and Opportunities to Prevent Homelessness Act of 2018

SEC. 101. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Solid Waste Compact Act of 1993''. SEC. 102. AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT. The Resource Conservation and Recovery Act (42 U.S.C. 6903) is amended by inserting at the end of section 6903 the following: ``(40) Compact--The term `compact' means a compact entered into by two or more States pursuant to this act. ``(41) Compact Commission--The term `compact commission' means the regional commission, committee, or board established in a compact to administer such compact. ``(42) Compact Region--The term `compact region' means the area consisting of all States that are members of the compact. ``(43) Solid Waste Disposal--The term `solid waste disposal' means the recycling, incinerating, landfilling, or burning of solid waste pursuant to the requirements established by the Environmental Protection Agency, or any State environmental agency in which a compact is physically located. ``(44) Non-Sited Compact Region--The term `non-sited compact region' means any compact region that is not a sited compact region. ``(45) Regional Disposal Facility--The term `regional disposal facility' means a non-Federal municipal or solid waste disposal facility in operation January 1, 1993, or subsequently established and operated under a compact. ``(46) Solid Waste--The term `solid waste' pertains to any nonhazardous waste generated by a municipality, industry, or community. ``(47) State--The term `State' means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.''. Sec. 103. The Resource Conservation and Recovery Act (42 U.S.C. 6904) is amended by striking subsections (a) and (b) and inserting in lieu thereof the following: ``(a) State Responsibilities.--Each State shall be responsible for providing, either by itself or in cooperation with other states, a plan to adequately dispose of all solid waste that is generated within their state. Within 12 months of the enactment of the Solid Waste Compact Act of 1993 each State shall submit their plan to the United States Environmental Protection agency for approval. ``(b) Regional Compacts for Solid Waste Disposal.--(1) In General.-- ``(A) Federal policy.--It is the policy of the Federal Government that the responsibilities of the States under section (a) for the disposal of solid waste can be most safely and effectively managed on a regional basis. ``(B) Interstate compacts.--To carry out the policy set forth in paragraph (A) the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for solid waste. ``(2) Applicability to Federal Activities.-- ``(A) Effect of compacts on federal law.--Nothing contained in this Act or any compact may be construed to confer any new authority on any compact commission or State-- ``(i) to regulate the packaging, generation, treatment, storage, disposal, or transportation of solid waste in a manner incompatible with the regulations of the Environmental Protection Agency or inconsistent with the Department of Transportation; ``(ii) to regulate health, safety, or environmental hazards from source or byproduct material. ``(B) Federal authority.--Except as expressly provided in this Act, nothing contained in this act or any compact may be construed to limit the applicability of any Federal law or to diminish or to otherwise impair the jurisdiction of any action taken pursuant to any compact. ``(C) State authority preserved.--Except as expressly provided in this Act, nothing contained in this Act expands, diminishes, or otherwise affects State law. ``(3) Restricted Use of Regional Solid Waste Disposal Facilities.-- Any authority in a compact to restrict the use of regional solid waste disposal facilities under the compact to the disposal of solid waste generated within the compact region shall not take effect before each of the following occurrs: ``(1) January 1, 1995; and ``(2) the Congress by law consents to the compact. ``(4) Congressional Review.--Each compact shall: Provide, That every 5 years after the compact has taken effect the Congress may by law withdraw its consent. ``(c) Alternative Solid Waste Disposal Methods.-- ``(1) Not later than 12 months after the date of enactment of the Solid Waste Compact Act of 1993, the Environmental Protection Agency shall, in consultation with the States and other interested persons, identify potential alternative management programs for the control of solid waste, and establish and publish technical guidance regarding the implementation of such programs. ``(2) Not later than 24 months after the date of the enactment of the Solid Waste Compact Act of 1993, the Environmental Protection Agency shall, in consultation with the States and other interested persons, identify and publish all relevant technical information regarding the technologies pursuant to subsection (1) that a State or compact must provide to the Agency in order to pursue such programs, together with the requirements that such facilities must meet, in the judgment of the Agency, if pursued as an alternative to traditional solid waste management.

Solid Waste Compact Act of 1993 - Amends the Resource Conservation and Recovery Act to require States to submit solid waste disposal plans to the Environmental Protection Agency (EPA) for approval. Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities. Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1995, and before the Congress consents to such compact. Requires a compact to provide that every five years after such compact has taken effect the Congress may withdraw its consent. Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management.

Solid Waste Compact Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Marksmanship Program Privatization Act''. SEC. 2. CONVERSION OF CIVILIAN MARKSMANSHIP PROGRAM TO NONAPPROPRIATED FUND INSTRUMENTALITY AND ACTIVITIES UNDER PROGRAM. (a) Conversion.--Section 4307 of title 10, United States Code, is amended to read as follows: ``Sec. 4307. Promotion of rifle practice and firearms safety: administration ``(a) Nonappropriated Fund Instrumentality.--On and after October 1, 1995, the Civilian Marksmanship Program shall be operated as a nonappropriated fund instrumentality of the United States within the Department of Defense for the benefit of members of the armed forces and for the promotion of rifle practice and firearms safety among civilians. ``(b) National Board.--(1) The Civilian Marksmanship Program shall be under the general supervision of a National Board for the Promotion of Rifle Practice and Firearms Safety, which shall replace the National Board for the Promotion of Rifle Practice. The National Board shall consist of nine members who are appointed by the Secretary of the Army. ``(2) The term of office of a member of the National Board shall be two years. However, in the case of the initial National Board, the Secretary shall appoint four members who will have a one-year term. ``(3) Members of the National Board shall serve without compensation, except that members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the National Board. ``(c) Director and Staff.--The National Board shall appoint a person to serve as director of the Civilian Marksmanship Program. The compensation and benefits of the director and all other civilian employees of the Department of Defense utilized by the Civilian Marksmanship Program shall be paid from nonappropriated funds available to the Civilian Marksmanship Program. ``(d) Funding.--(1) Except as provided in section 4310 of this title, funds appropriated or otherwise made available to the Department of Defense in appropriation Acts may not be obligated or expended to benefit the Civilian Marksmanship Program or activities conducted by the Civilian Marksmanship Program. ``(2) The National Board and the director may solicit, accept, hold, use, and dispose of, in furtherance of the activities of the Civilian Marksmanship Program, donations of money, property, and services received by gift, devise, bequest, or otherwise. Donations may be accepted from munitions and firearms manufacturers notwithstanding any legal restrictions otherwise arising from their procurement relationships with the Federal Government. ``(3) Amounts collected under the Civilian Marksmanship Program, including the proceeds from the sale of arms, ammunition, targets, and other supplies and appliances under section 4308 of this title, shall be credited to the Civilian Marksmanship Program and shall be available to carry out the Civilian Marksmanship Program. Amounts collected by, and available to, the National Board for the Promotion of Rifle Practice before the date of the enactment of this section from rifle sales programs and from fees in connection with competitions sponsored by that Board shall be transferred to the National Board to be available to carry out the Civilian Marksmanship Program. ``(4) Funds held on behalf of the Civilian Marksmanship Program shall not be construed to be Government or public funds or appropriated funds and shall not be available to support other nonappropriated fund instrumentalities of the Department of Defense. Funds held on behalf of other nonappropriated fund instrumentalities of the Department of Defense shall not be available to support the Civilian Marksmanship Program. Expenditures on behalf of the Civilian Marksmanship Program, including compensation and benefits for civilian employees, may not exceed $5,000,000 during any fiscal year. The approval of the National Board shall be required for any expenditure in excess of $50,000. Notwithstanding any other provision of law, funds held on behalf of the Civilian Marksmanship Program shall remain available until expended. ``(e) Definitions.--In this section and sections 4308 through 4313 of this title: ``(1) The term `Civilian Marksmanship Program' means the rifle practice and firearms safety program carried out by the National Board under section 4308 and includes the National Matches and small-arms firing schools referred to in section 4312 of this title. ``(2) The term `National Board' means the National Board for the Promotion of Rifle Practice and Firearms Safety.''. (b) Activities.--Section 4308 of such title is amended to read as follows: ``Sec. 4308. Promotion of rifle practice and firearms safety: activities ``(a) Instruction, Safety, and Competition Programs.--(1) The Civilian Marksmanship Program shall provide for-- ``(A) the operation and maintenance of indoor and outdoor rifle ranges and their accessories and appliances; ``(B) the instruction of citizens of the United States in marksmanship, and the employment of necessary instructors for that purpose; ``(C) the promotion of practice in the use of rifled arms and the maintenance and management of matches or competitions in the use of those arms; and ``(D) the award to competitors of trophies, prizes, badges, and other insignia. ``(2) In carrying out this subsection, the Civilian Marksmanship Program shall give priority to activities that benefit firearms safety training and competition for youth and reach as many youth participants as possible. ``(3) Before a person may participate in any activity sponsored or supported by the Civilian Marksmanship Program under this subsection, the person shall be required to certify that the person has not violated any Federal or State firearms laws. ``(b) Sale and Issuance of Arms and Ammunition.--(1) The Civilian Marksmanship Program may issue, without cost, the arms, ammunition (including caliber .22 and caliber .30 ammunition), targets, and other supplies and appliances necessary for activities conducted under subsection (a). Issuance shall be made only to gun clubs under the direction of the National Board that provide training in the use of rifled arms to youth, the Boy Scouts of America, 4-H Clubs, Future Farmers of America, and other youth-oriented organizations for training and competition. ``(2) The Civilian Marksmanship Program may sell at fair market value caliber .30 rifles, caliber .22 rifles, and air rifles, and ammunition for such rifles, to gun clubs that are under the direction of the National Board and provide training in the use of rifled arms. In lieu of sales, the Civilian Marksmanship Program may loan such rifles to such gun clubs. ``(3) The Civilian Marksmanship Program may sell at fair market value small arms, ammunition, targets, and other supplies and appliances necessary for target practice to citizens of the United States over 18 years of age who are members of a gun club under the direction of the National Board. ``(4) Before conveying any weapon or ammunition to a person, whether by sale or lease, the National Board shall provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. ``(c) Other Authorities.--The National Board shall provide for-- ``(1) the procurement of necessary supplies, appliances, trophies, prizes, badges, and other insignia, clerical and other services, and labor to carry out the Civilian Marksmanship Program; and ``(2) the transportation of employees, instructors, and civilians to give or to receive instruction or to assist or engage in practice in the use of rifled arms, and the transportation and subsistence, or an allowance instead of subsistence, of members of teams authorized by the National Board to participate in matches or competitions in the use of rifled arms. ``(d) Fees.--The National Board may impose reasonable fees for persons and gun clubs participating in any program or competition conducted under the Civilian Marksmanship Program for the promotion of rifle practice and firearms safety among civilians. ``(e) Receipt of Excess Arms and Ammunition.--(1) The Secretary of the Army shall reserve for the Civilian Marksmanship Program all remaining M-1 Garand rifles, and ammunition for such rifles, still held by the Army. After the date of the enactment of this section, the Secretary of the Army shall cease demilitarization of remaining M-1 Garand rifles in the Army inventory unless such rifles are determined to be irreparable by the Defense Logistics Agency. ``(2) Subject to section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 note) relating to the transfer of excess small arms and ammunition to support Government counter-drug activities, the Secretary of Defense shall give the National Board the right of first refusal to accept excess small arms and ammunition held by the Army or the Marine Corps and legally allowable for civilian use. ``(3) Transfers under this subsection shall be made without cost to the Civilian Marksmanship Program, except that the National Board shall assume the costs of transportation for the transferred small arms and ammunition. ``(f) Participation Conditions.--All participants in the Civilian Marksmanship Program and activities sponsored or supported by the National Board shall be required, as a condition of participation, to sign affidavits stating that-- ``(A) they have never been convicted of a firearms violation under State or Federal law; and ``(B) they are not members of any organization which advocates the violent overthrow of the United States Government. ``(2) Any person found to have violated this subsection shall be ineligible to participate in the Civilian Marksmanship Program and future activities sponsored or supported by the National Board.''. (c) Participation of Members of the Armed Forces in Instruction and Competition.--Section 4310 of such title is amended to read as follows: ``Sec. 4310. Rifle instruction and competitions: participation of members ``(a) Participation Authorized.--The commander of a major command of the armed forces may detail regular or reserve officers and noncommissioned officers under the authority of the commander to duty as instructors at rifle ranges for training civilians in the safe use of military arms. The commander of a major command may detail enlisted members under the authority of the commander as temporary instructors in the safe use of the rifle to organized rifle clubs requesting that instruction. The commander of a major command may detail members under the authority of the commander to provide other logistical and administrative support for competitions and other activities conducted by the Civilian Marksmanship Program. Members of a reserve component may be detailed only if the service to be provided meets a legitimate training need of the members involved. ``(b) Costs of Participation.--The commander of a major command of the armed forces may pay the personnel costs and travel and per diem expenses of members of an active or reserve component of the armed forces who participate in a competition sponsored by the Civilian Marksmanship Program or who provide instruction or other services in support of the Civilian Marksmanship Program.''. (d) Conforming Amendments.--(1) Section 4312(a) of such title is amended by striking out `` as prescribed by the Secretary of the Army'' and inserting in lieu thereof ``as part of the Civilian Marksmanship Program''. (2) Section 4313 of such title is amended-- (A) in subsection (a), by striking out ``Secretary of the Army'' both places it appears and inserting in lieu thereof ``National Board''; and (B) in subsection (b), by striking out ``Appropriated funds available for the Civilian Marksmanship Program (as defined in section 4308(e) of this title) may'' and inserting in lieu thereof ``Nonappropriated funds available to the Civilian Marksmanship Program shall''. (e) Clerical Amendments.--The table of sections at the beginning of chapter 401 of such title is amended by striking out the items relating to sections 4307, 4308, and 4310 and inserting in lieu thereof the following new items: ``4307. Promotion of rifle practice and firearms safety: administration. ``4308. Promotion of rifle practice and firearms safety: activities. ``4310. Rifle instruction and competitions: participation of members.''. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 1995.

Civilian Marksmanship Program Privatization Act - Provides that, on and after October 1, 1995, the Civilian Marksmanship Program of the Department of the Army shall be operated as a nonappropriated fund instrumentality within the Department of Defense. Requires the Program to be under the general supervision of a National Board for the Promotion of Rifle Practice and Firearms Safety, which shall replace the current National Board for the Promotion of Rifle Practice. Limits Program expenditures for any fiscal year to $5 million. Authorizes the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and ammunition. Requires participants in Program activities to sign an affidavit that they: (1) have never been convicted of a firearms violation under Federal or State law; and (2) are not members of any organization which advocates the violent overthrow of the U.S. Government. Authorizes the commander of a major command of the armed forces (currently, either the President or the Secretary of the Army) to detail certain military officers and enlisted personnel to duty as instructors at rifle ranges for training civilians in the safe use of military arms. Authorizes the payment of travel and per diem costs for such personnel.

Civilian Marksmanship Program Privatization Act

SECTION 1. FINDINGS. Congress finds the following: (1) American society has long been known for being a ``melting pot'', boasting citizens from all countries and continents across the world. (2) After reaching America's shores, naturalized United States citizens and aliens lawfully admitted for permanent residence have taken advantage of educational and entrepreneurial opportunities thereby allowing these individuals to contribute to the economic and cultural riches that define our great Nation. (3) Many of these new Americans still have connections to their countries of origin--forming community, educational, religious, and other organizations in the United States that continue to tie them to their homelands. These new Americans send remittances that total more than $70,000,000,000 per year to help loved ones abroad sustain dreams and build new ones. (4) At a time when the events of September 11, 2001, have resulted in new and different security concerns for the United States, it is critical that every attempt be made to better understand those foreign countries that receive United States assistance. (5) Due to national security implications, the United States Government can no longer afford to conduct foreign policy without the benefit of engagement of foreign countries, including on a cultural, social, technical, and economic basis. (6) Naturalized United States citizens and aliens lawfully admitted for permanent residence should be encouraged to use the same skills that they have contributed to the development of the United States toward the development of their countries of origin in order to-- (A) take part in introducing or enhancing democratic values abroad; (B) capitalize on America's diversity to establish strong cross-border relationships that can create multilateral bonds for generations to come; (C) utilize multilingual and multicultural segments of American society to ease and reduce costs for project transitions in foreign countries; and (D) encourage long-term sustainable development in foreign countries in which such development has been difficult to obtain. (7) Currently, projects under many foreign assistance programs do not involve naturalized United States citizens or aliens lawfully admitted for permanent residence who are from the recipient country in leadership roles in the planning, design, and implementation of the projects, and consequently-- (A) project leaders often do not transfer critical skills to individuals in the recipient country, making it difficult for long term development to take place; and (B) increased costs relating to cultural adjustment often occur that might not occur if individuals originally from the recipient country were involved in the projects. (8) Because many United States Government departments and agencies face management constraints that make it necessary to bundle projects and activities for foreign countries under ``Mega'' contracts and grants, it has become increasingly difficult for smaller United States organizations and businesses owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from such foreign countries to compete to carry out those projects and activities. (9) To encourage the transference of skills, knowledge, and democratic values that will lead to long-term sustainable development and require fewer transition costs, special preferences should be given to naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are seeking United States foreign assistance funding for projects in their countries of origin. SEC. 2. REQUIREMENT TO PROVIDE DEVELOPMENT AND HUMANITARIAN ASSISTANCE FUNDS TO FOREIGN COUNTRIES THROUGH UNITED STATES ENTITIES OWNED OR CONTROLLED BY INDIVIDUALS FROM THOSE FOREIGN COUNTRIES. Notwithstanding any other provision of law, up to 10 percent of funds made available to each Federal department and agency for any fiscal year (beginning with fiscal year 2005) to carry out United States development assistance or humanitarian assistance programs shall be made available to foreign countries through the activities of United States organizations or businesses that are owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from such foreign countries. SEC. 3. REPORT. Not later than January 1 of each year, the President shall prepare and transmit to the appropriate congressional committees a report that contains a description of the implementation of section 3 for the preceding fiscal year. Each such report shall specify the number and dollar value or amount (as the case may be) of prime contracts, subcontracts, grants, and cooperative agreements awarded to organizations and individuals described in such section during the preceding fiscal year. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) United states development assistance or humanitarian assistance programs.--The term ``United States development assistance or humanitarian assistance programs'' means programs to provide development assistance or humanitarian assistance under major budget functional category 150 (relating to International Affairs), including programs under-- (A) chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); (B) chapter 10 of part I of that Act (relating to the Development Fund for Africa); (C) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); (D) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia region); (E) chapter 4 of part II of that Act (relating to the Economic Support Fund); or (F) the Support for East European Democracy (SEED) Act of 1989.

Requires up to ten percent of funds made available to Federal departments and agencies for U.S. development or humanitarian assistance programs in any fiscal year to be made available to foreign countries through U.S. organizations or businesses that are owned or controlled by naturalized U.S. citizens or lawful permanent residents from those countries.

To require funds made available to each Federal department and agency for United States development or humanitarian assistance programs to be made available to foreign countries through the activities of United States organizations or businesses that are owned or controlled by naturalized United States citizens, or aliens lawfully admitted for permanent residence, who are from those foreign countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Certainty and Captive Finance Affiliate Clarification Act''. SEC. 2. CLARIFICATION OF THE EXEMPTIONS FOR CAPTIVE FINANCE COMPANIES FROM THE DEFINITION OF MAJOR SWAP PARTICIPANT AND FROM THE SWAP CLEARING REQUIREMENT. (a) Exclusion From Definition of Major Swap Participant.--Section 1a(33)(D) of the Commodity Exchange Act (7 U.S.C. 1a(33)(D)) is amended to read as follows: ``(D) Exclusion of certain captive finance entities.-- ``(i) In general.--The definition under this paragraph shall not include an entity whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or another subsidiary of the parent company, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio, at least 90 percent of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases). ``(ii) Definitions.--In this subparagraph: ``(I) Qualifying financing.--The term `qualifying financing' means-- ``(aa) any financing or lease of, or that includes, a product; or ``(bb) any financing to or for the benefit of an affiliate of the entity, a distribution entity, or any customer or affiliate of a distribution entity, except that the term does not include any financing that does not facilitate the sale of a product manufactured by the entity or its affiliates, as determined by the Commission. ``(II) Product.--The term `product' means-- ``(aa) any good that is manufactured or sold by an affiliate of the entity; and ``(bb) any service that is provided by an affiliate of the entity. ``(III) Distribution entity.--The term `distribution entity' means a person whose primary business is the sale, lease or servicing of a product that is manufactured by the entity or its affiliates. ``(IV) Affiliate.--The term `affiliate' means, with respect to an entity-- ``(aa) a person that reports information or prepares financial statements on a consolidated basis with the entity, or for which a parent company reports information or prepares financial statements on a consolidated basis for the person and the entity; or ``(bb) a person of which the entity or the parent of the entity holds 50 percent or more of the equity interests. ``(V) Person.--The term `person' means an individual, partnership, corporation (including a business trust), limited liability company, joint stock company, trust, unincorporated association, joint venture or other entity, or a government or any political subdivision or agency thereof.''. (b) Exclusion From Swap Clearing Requirement.--Section 2(h)(7)(C)(iii) of such Act (7 U.S.C. 2(h)(7)(C)(iii)) is amended to read as follows: ``(iii) Exclusion of certain captive finance entities.--Such term shall not include an entity excluded from the definition of major swap participant by reason of section 1a(33)(D).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect as if they had been included in subtitle A of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Manufacturing Certainty and Captive Finance Affiliate Clarification Act - Amends the Commodity Exchange Act to redefine an exclusion from "major swap participant" (and as a result from the swap clearing requirement) an entity (captive finance company) whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or its subsidiary, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio at least 90% of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases). Declares amendments made by this Act effective as of the enactment of the Wall Street Transparency and Accountability Act of 2010 (title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act).

To amend the Commodity Exchange Act to clarify the exemptions for captive finance companies from the definition of major swap participant and from the swap clearing requirement.

SECTION 1. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995. (a) Short Title.--This Act may be cited as the ``Northwest Atlantic Fisheries Convention Amendments Act''. (b) References to the Northwest Atlantic Fisheries Convention Act of 1995.--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 Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.). SEC. 2. REPRESENTATION OF THE UNITED STATES UNDER CONVENTION. Section 202 (16 U.S.C. 5601) is amended-- (1) in subsection (a)(1), by striking ``General Council and the Fisheries''; (2) in subsection (b)(1), by striking ``at a meeting of the General Council or the Fisheries Commission''; (3) in subsection (b)(2), by striking ``, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated''; (4) in subsection (d)(1), by striking ``at a meeting of the Scientific Council''; (5) in subsection (d)(2), by striking ``, at any meeting of the Scientific Council for which the Alternative Representative is designated''; and (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' and inserting ``Magnuson-Stevens Fishery Conservation and Management Act''. SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE. Section 203 (16 U.S.C. 5602) is amended-- (1) in subsection (a)-- (A) by striking ``The Representatives may'' and inserting ``A Representative may''; (B) by striking ``described in subsection (b)(1) or (2)'' and inserting ``described in paragraph (1) or (2) of subsection (b)''; and (C) by striking ``the Representatives have'' and inserting ``the Representative has''; (2) by striking ``VII(1)'' each place it appears and inserting ``VII(10)(b)''; and (3) in subsection (b)(2), by striking ``VIII(2)'' and inserting ``VII(11)''. SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION. Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries Commission'' each place it appears and inserting ``Commission consistent with the procedures detailed in Articles XIV and XV of the Convention''. SEC. 5. INTERAGENCY COOPERATION. Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows: ``(a) Authorities of the Secretary.--In carrying out the provisions of the Convention and this title, the Secretary may arrange for cooperation with-- ``(1) any department, agency, or instrumentality of the United States; ``(2) a State; ``(3) a Council; or ``(4) a private institution or an organization.''. SEC. 6. PROHIBITED ACTS AND PENALTIES. Section 207 (16 U.S.C. 5606) is amended-- (1) by striking ``Magnuson Act'' each place it appears and inserting ``Magnuson-Stevens Fishery Conservation and Management Act''; and (2) by striking ``fish'' each place it appears and inserting ``fishery resources''. SEC. 7. CONSULTATIVE COMMITTEE. Section 208 (16 U.S.C. 5607) is amended-- (1) in subsection (b)(2), by striking ``two'' and inserting ``2''; and (2) in subsection (c), by striking ``General Council or the Fisheries'' each place it appears. SEC. 8. DEFINITIONS. Section 210 (16 U.S.C. 5609) is amended to read as follows: ``SEC. 210. DEFINITIONS. ``In this title: ``(1) 1982 convention.--The term `1982 Convention' means the United Nations Convention on the Law of the Sea of 10 December 1982. ``(2) Authorized enforcement officer.--The term `authorized enforcement officer' means a person authorized to enforce this title, any regulation issued under this title, or any measure that is legally binding on the United States under the Convention. ``(3) Commission.--The term `Commission' means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention. ``(4) Commissioner.--The term `Commissioner' means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202. ``(5) Convention.--The term `Convention' means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007. ``(6) Convention area.--The term `Convention Area' means the waters of the Northwest Atlantic Ocean north of 3500' N and west of a line extending due north from 3500' N and 4200' W to 5900' N, thence due west to 4400' W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 7810' N. ``(7) Council.--The term `Council' means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council. ``(8) Fishery resources.-- ``(A) In general.--The term `fishery resources' means all fish, mollusks, and crustaceans within the Convention Area. ``(B) Exclusions.--The term `fishery resources' does not include-- ``(i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or ``(ii) in so far as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention. ``(9) Fishing activities.-- ``(A) In general.--The term `fishing activities' means harvesting or processing fishery resources, or transhipping of fishery resources or products derived from fishery resources, or any other activity in preparation for, in support of, or related to the harvesting of fishery resources. ``(B) Inclusions.--The term `fishing activities' includes-- ``(i) the actual or attempted searching for or catching or taking of fishery resources; ``(ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and ``(iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph. ``(C) Exclusions.--The term `fishing activities' does not include any operation related to emergencies involving the health and safety of crew members or the safety of a vessel. ``(10) Fishing vessel.-- ``(A) In general.--The term `fishing vessel' means a vessel that is or has been engaged in fishing activities. ``(B) Inclusions.--The term `fishing vessel' includes a fish processing vessel or a vessel engaged in transshipment or any other activity in preparation for or related to fishing activities, or in experimental or exploratory fishing activities. ``(11) Organization.--The term `Organization' means the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention. ``(12) Person.--The term `person' means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State). ``(13) Representative.--The term `Representative' means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202. ``(14) Scientific council.--The term `Scientific Council' means the Scientific Council provided for by Articles V, VI, and VII of the Convention. ``(15) Secretary.--The term `Secretary' means the Secretary of Commerce. ``(16) State.--The term `State' means each of the several States of the United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States. ``(17) Transshipment.--The term `transshipment' means the unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 211 (16 U.S.C. 5610) is amended-- (1) by striking ``XVI'' and inserting ``IX''; and (2) by striking ``through fiscal year 2012''. SEC. 10. QUOTA ALLOCATION PRACTICE. Section 213 (16 U.S.C. 5612) is repealed.

. Northwest Atlantic Fisheries Convention Amendments Act (Sec. 2) This bill permanently reauthorizes and amends the Northwest Atlantic Fisheries Convention Act of 1995, which provides for: (1) the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done in Ottawa on October 24, 1978 (1978 Convention); and (2) the management and conservation of fish in the convention area (specified waters in the Northwest Atlantic Ocean). The Convention on Cooperation in the Northwest Atlantic Fisheries, which was adopted in Lisbon on September 28, 2007, is implemented as well. The 2007 Convention amends the 1978 Convention. (Sec. 8) The bill applies to all fish, mollusks, and crustaceans within the convention area, excluding: (1) sedentary species over which coastal states may exercise sovereign rights consistent with the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 Convention), and (2) anadromous and catadromous stocks and highly migratory species managed under other international treaties and listed in the 1982 Convention. The bill also applies to vessels engaged in fishing activities, including fish harvesting vessels, fish processing vessels, vessels engaged in transshipment of fishery resources, and vessels engaged in experimental or exploratory fishing activities. (Sec. 10) The bill repeals provisions requiring the National Oceanic and Atmospheric Administration to establish and report on a new quota allocation practice.

Northwest Atlantic Fisheries Convention Amendments Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arches National Park Expansion Act of 1997''. SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH. (a) Boundary Expansion.--Subsection (a) of the first section of Public Law 92-155 (16 U.S.C. 272; 85 Stat. 422) is amended as follows: (1) By inserting after the first sentence the following new sentence: ``Effective on the date of the enactment of the Arches National Park Expansion Act of 1997, the boundary of the park shall also include the area consisting of approximately 3,140 acres and known as the `Lost Spring Canyon Addition', as depicted on the map entitled `Boundary Map, Arches National Park, Lost Spring Canyon Addition', numbered 138/60,000-B, and dated April 1997.''. (2) In the last sentence, by striking ``Such map'' and inserting ``Such maps''. (b) Inclusion of Land in Park.--Section 2 of Public Law 92-155 (16 U.S.C. 272a) is amended by adding at the end the following new sentences: ``As soon as possible after the date of the enactment of the Arches National Park Expansion Act of 1997, the Secretary of the Interior shall transfer jurisdiction over the Federal lands contained in the Lost Spring Canyon Addition from the Bureau of Land Management to the National Park Service. The lands included in the park pursuant to the Arches National Park Expansion Act of 1997 shall be administered in accordance with the laws and regulations applicable to the park.''. (c) Protection of Existing Grazing Permit.--Section 3 of Public Law 92-155 (16 U.S.C. 272b) is amended as follows: (1) By inserting ``(a)'' before ``Where''. (2) By adding at the end the following new subsection: ``(b)(1) In the case of any grazing lease, permit, or license with respect to lands within the Lost Spring Canyon Addition that was issued before the date of the enactment of the Arches National Park Expansion Act of 1997, the Secretary of the Interior shall, subject to periodic renewal, continue such lease, permit, or license for a period of time equal to the lifetime of the permittee as of that date and any direct descendants of the permittee born before that date. Any such grazing lease, permit, or license shall be permanently retired at the end of such period. Pending the expiration of such period, the permittee (or a descendant of the permittee who holds the lease, permit, or license) shall be entitled to periodically renew the lease, permit, or license, subject to such limitations, conditions, or regulations as the Secretary may prescribe. ``(2) Any such grazing lease, permit, or license may be sold during the period specified in paragraph (1) only on the condition that the purchaser shall, immediately upon such acquisition, permanently retire such lease, permit, or license. Nothing in this subsection shall affect other provisions concerning leases, permits, or licenses under the Taylor Grazing Act. ``(3) Any portion of any grazing lease, permit, or license with respect to lands within the Lost Spring Canyon Addition shall be administered by the National Park Service.''. (d) Withdrawal From Mineral Entry and Leasing; Pipeline Management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is amended by adding at the end the following new subsection: ``(c)(1) Subject to valid existing rights, Federal lands within the Lost Spring Canyon Addition are hereby appropriated and withdrawn from entry, location, selection, leasing, or other disposition under the public land laws, including the mineral leasing laws. ``(2) The inclusion of the Lost Spring Canyon Addition in the park shall not affect the operation or maintenance by the Northwest Pipeline Corporation (or its successors or assigns) of the natural gas pipeline and related facilities located in the Lost Spring Canyon Addition on the date of the enactment of the Arches National Park Expansion Act of 1997.''. (e) Effect on School Trust Lands.-- (1) Findings.--The Congress finds the following: (A) A parcel of State school trust lands, more specifically described as section 16, township 23 south, range 22 east, of the Salt Lake base and meridian, is partially contained within the Lost Spring Canyon Addition included within the boundaries of Arches National Park by the amendment by subsection (a). (B) The parcel was originally granted to the State of Utah for the purpose of generating revenue for the public schools through the development of natural and other resources located on the parcel. (C) It is in the interest of the State of Utah and the United States for the parcel to be exchanged for Federal lands of equivalent value outside the Lost Spring Canyon Addition, in order to permit Federal management of all lands within the Lost Spring Canyon Addition. (2) Land exchange.--Public Law 92-155 is amended by adding at the end the following new section: ``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LANDS. ``(a) Exchange Requirement.--If, not later than one year after the date of the enactment of the Arches National Park Expansion Act of 1997, and in accordance with this section, the State of Utah offers to transfer all right, title and interest of the State in and to the parcel of school trust lands described in subsection (b)(1) to the United States, the Secretary of the Interior shall accept the offer on behalf of the United States and, within 180 days after the date of such acceptance, transfer to the State of Utah all right, title and interest of the United States in and to the parcel of land described in subsection (b)(2). Title to the State lands shall be transferred at the same time as conveyance of title to the Federal lands by the Secretary of the Interior. The exchange of lands under this section shall be subject to valid existing rights, and each party shall succeed to the rights and obligations of the other party with respect to any lease, right-of-way, or permit encumbering the exchanged lands. ``(b) Description of Parcels.-- ``(1) State conveyance.--The parcel of school trust lands to be conveyed by the State of Utah under subsection (a) is section 16, township 23 south, range 22 east of the Salt Lake base and meridian. ``(2) Federal conveyance.--The parcel of Federal lands to be conveyed by the Secretary of the Interior consists of approximately 639 acres and is identified as lots 1 through 12 located in the S\1/2\N\1/2\ and the N\1/2\N\1/2\N\1/2\S\1/2\ of section 1, township 25 south, range 18 east, Salt Lake base and meridian. ``(3) Equivalent value.--The Federal lands described in paragraph (2) are of equivalent value to the State school trust lands described in paragraph (1). ``(c) Management by State.--At least 60 days before undertaking or permitting any surface disturbing activities to occur on the lands acquired by the State under this section, the State shall consult with the Utah State Office of the Bureau of Land Management concerning the extent and impact of such activities on Federal lands and resources and conduct, in a manner consistent with Federal laws, inventory, mitigation, and management activities in connection with any archaeological, paleontological, and cultural resources located on the acquired lands. To the extent consistent with applicable law governing the use and disposition of State school trust lands, the State shall preserve existing grazing, recreational, and wildlife uses of the acquired lands. Nothing in this subsection shall be construed to preclude the State from authorizing or undertaking surface or mineral activities authorized by existing or future land management plans for the acquired lands. ``(d) Implementation.--Administrative actions necessary to implement the land exchange described in this section shall be completed within 180 days after the date of the enactment of the Arches National Park Expansion Act of 1997.''. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.

Arches National Park Expansion Act of 1997 - Modifies the boundary of the Arches National Park, Utah, to include the area known as the Lost Spring Canyon Addition. Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the area from the Bureau of Land Management to the National Park Service and requires such lands to be administered in accordance with the laws and regulations applicable to the Park. Specifies restrictions over the continuation and sale of existing grazing leases, permits, or licenses for the area. Withdraws Federal lands within the area from the public land laws, including the mineral leasing laws. Provides that the inclusion of the area in the Park shall not affect the operation or maintenance of the natural gas pipeline and related facilities located in the area by the Northwest Pipeline Corporation or its successors. Directs the Secretary to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands in the area, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities on the acquired lands. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands. Permits Utah to authorize or undertake surface or mineral activities authorized by existing or future land management plans for the acquired lands.

Arches National Park Expansion Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Payroll Tax Holiday Act of 2009''. SEC. 2. PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES. (a) In General.--Subchapter C of chapter 21 of the Internal Revenue Code of 1986 (relating to Federal Insurance Contributions Act) is amended by redesignating section 3128 as section 3129 and by inserting after section 3127 the following new section: ``SEC. 3128. PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES DURING PORTION OF 2009. ``(a) Payroll Taxes.--In the case of an eligible small business, the rate of the taxes imposed by sections 3101(a) and 3111(a) shall be zero with respect to remuneration paid during the payroll tax holiday period, including for purposes of determining the rates of tax under sections 3201(a) and 3221(a) with respect to compensation paid during such period. ``(b) Self-Employment Taxes.--In the case of an eligible small business-- ``(1) In general.--For purposes of the tax imposed by section 1401(a), the self-employment income of the taxpayer for the taxable year (determined without regard to this subsection) shall be reduced by the payroll tax holiday period income for such taxable year. ``(2) Tax on employee representatives under the railroad retirement tax act.--For purposes of the tax imposed by section 3211(a), the compensation of the taxpayer subject to tax under such section for the taxable year (determined without regard to this subsection) shall be reduced by the payroll tax holiday period income for such taxable year for purposes of applying so much of the rate of such tax as is determined by reference to the taxes imposed by sections 3101(a) and 3111(a). ``(3) Payroll tax holiday period income.--For purposes of this subsection, the payroll tax holiday period income for any taxable year is the amount equal to the applicable percentage of-- ``(A) the self-employment income for such taxable year in the case of the tax imposed by section 1401(a), and ``(B) the compensation subject to tax under section 3211(a) in the case of the tax impose by section 3211(a). ``(4) Applicable percentage.--For purposes of paragraph (3), the applicable percentage is the percentage determined by dividing-- ``(A) the number of days during the taxable year which are within the payroll tax holiday period, by ``(B) the number of days during the taxable year. ``(c) Eligible Small Business; Payroll Tax Holiday Period.--For purposes of this section-- ``(1) Eligible small business.-- ``(A) In general.--The term `eligible small business' means any person engaged in a trade or business if such person employed no more than 50 employees on the first day of the payroll tax holiday period. ``(B) Special rules.--For purposes of subparagraph (A)-- ``(i) all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 taxpayer, and ``(ii) temporary lay-offs shall be disregarded. ``(2) Payroll tax holiday period.--The term `payroll tax holiday period' means the period-- ``(A) after the last day of the month which includes the date of the enactment of this section, and ``(B) before January 1, 2010. ``(d) Limitation on Reduction in Employer Taxes.-- ``(1) In general.--If at the close of the payroll tax holiday period-- ``(A) the aggregate reduction under this section in the employer taxes, exceeds ``(B) the aggregate increase in employee compensation or capital expenditures during the payroll tax holiday period as compared to the comparable period ending on the day before the payroll tax holiday period, then the applicable employer tax (determined without regard to this subsection) for the first payroll period beginning after the payroll tax holiday period shall be increased by such excess. ``(2) Employer taxes.--For purposes of subparagraph (A), the term `employer taxes' means-- ``(A) the taxes imposed by sections 3111(a) and 3221(a), and ``(B) so much of the taxes imposed by sections 1401(a) and 3211(a) as does not exceed the tax determined at the rate imposed by section 3111(a). ``(e) Trust Funds Held Harmless.--There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to the trust funds under section 201 of the Social Security Act and the Social Security Equivalent Benefit Account under section 15A of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1) an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of this section. ``(f) Employer Notification.--The Secretary shall notify small business employers of the payroll tax holiday period in any manner the Secretary deems appropriate.''. (b) Conforming Amendment.--The table of sections for such subchapter C is amended by redesignating the item relating to section 3128 as relating to section 3129 and by inserting after the item relating to section 3127 the following new item: ``Sec. 3128. Payroll tax holiday for small businesses during portion of 2009.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to remuneration paid after the last day of the month which includes the date of the enactment of this Act. (2) Self-employment taxes.--So much of section 3128 of the Internal Revenue Code of 1986 (as added by this section) as relates to the taxes imposed by sections 1401(a) and 3211(a) shall apply to taxable years ending after such last day.

Payroll Tax Holiday Act of 2009 - Amends the Internal Revenue Code to eliminate employment and self-employment taxes between the enactment of this Act and January 1, 2010, for small business owners who employ 50 or fewer employees.

To amend the Internal Revenue Code of 1986 to provide a payroll tax holiday for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Elimination Act''. SEC. 2. ELIMINATION OF HIRING AUTHORITY OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. The hiring authority of the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives is rescinded. SEC. 3. TRANSFER PLAN. (a) In General.--Within 180 days after the date of the enactment of this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Director of the Federal Bureau of Investigation, and the Administrator of the Drug Enforcement Administration shall jointly develop and submit to the Congress a plan for winding up the affairs of the Bureau of Alcohol, Tobacco, Firearms, and Explosives pursuant to this Act. The plan shall, to the maximum extent practicable, without compromising core functions, eliminate and reduce duplicative, unnecessary functions or waste. (b) FBI Report to GSA on Excess Property To Be Transferred to the FBI.--Within 1 year after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall transmit to the Administrator of the General Services Administration a report that specifies the property to be transferred to the Bureau pursuant to this Act that the Director has determined will not be needed by the Bureau. SEC. 4. ABOLITION OF BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. The Bureau of Alcohol, Tobacco, Firearms, and Explosives is abolished. SEC. 5. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL FIREARMS, EXPLOSIVES, AND ARSON LAWS, AND TO VIOLENT CRIME AND DOMESTIC TERRORISM, TO THE FEDERAL BUREAU OF INVESTIGATION. (a) In General.--The functions relating to the investigation and enforcement of criminal and regulatory violations of the Federal firearms, explosives, and arson laws, and the investigation of violent crime and domestic terrorism, which on the effective date of this Act, were performed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are hereby transferred to the Attorney General. (b) Delegation of Functions.--The Attorney General shall delegate to the Director of the Federal Bureau of Investigation the functions transferred under this section. (c) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and Explosives with respect to functions transferred by this section-- (1) to the Secretary of the Treasury or the head of that bureau is deemed to refer to the Attorney General; and (2) to the Department of the Treasury or that bureau is deemed to refer to the Department of Justice or the Federal Bureau of Investigation, as appropriate. SEC. 6. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL ALCOHOL AND TOBACCO SMUGGLING LAWS TO THE DRUG ENFORCEMENT ADMINISTRATION. (a) In General.--The functions relating to investigation and enforcement of criminal ad regulatory violations of the Federal alcohol and tobacco smuggling laws, which on the effective date of this Act, were performed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are hereby transferred to the Attorney General. (b) Delegation of Functions.--The Attorney General shall delegate to the Administrator of Drug Enforcement the functions transferred under this section. (c) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and Explosives with respect to functions transferred by this section-- (1) to the Secretary of the Treasury or the head of that bureau is deemed to refer to the Attorney General; and (2) to the Department of the Treasury or that bureau is deemed to refer to the Department of Justice or the Drug Enforcement Administration, as appropriate. SEC. 7. PROPERTY AND RECORDS. The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the functions transferred by this Act are hereby transferred to the Attorney General for appropriate allocation. SEC. 8. PERSONNEL. (a) In General.--The personnel employed in connection with the functions transferred by this Act are hereby transferred to the Attorney General. (b) Effect.--During the 1-year period beginning on the effective date of this Act, any full-time or part-time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this Act. SEC. 9. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, by the head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Attorney General, the Secretary of the Treasury, any other Government official, or a court of competent jurisdiction, in the performance of functions of the head of that bureau that are transferred by this Act, and (2) that are in effect on the effective date of this Act (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, or a court of competent jurisdiction, or by operation of law. (b) Proceedings.--The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Bureau of Alcohol, Tobacco, Firearms, and Explosives on the effective date of this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or by or against any individual in the official capacity of such individual as an officer of such bureau shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If, before the effective date of this Act, any agency or officer thereof in the official capacity of such officer, is party to a suit, and under this Act any function of such agency or officer is transferred to the Attorney General or any other official of the Department of Justice, then such suit shall be continued with the Attorney General or other appropriate official of the Department of Justice substituted or added as a party. SEC. 10. CONFORMING AMENDMENTS. (a) Amendments to the Homeland Security Act of 2002.-- (1) Section 1111(d) of the Homeland Security Act of 2002 (6 U.S.C. 531(d)) is amended by adding at the end the following: ``(4) Personnel management demonstration project.-- Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 (Public Law 105-277; 112 Stat. 2681-585) shall be transferred to the Secretary of the Treasury for continued use by the Tax and Trade Bureau.''. (2) Section 1114(a) of such Act (6 U.S.C. 532(a)) is amended by striking ``Bureau'' and inserting ``Federal Bureau of Investigation''. (b) Amendments to the Enhanced Border Security and Visa Entry Reform Act of 2002.--Section 2(4) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)) is amended by striking subparagraph (J) and redesignating subparagraphs (K) and (L) as subparagraphs (J) and (K), respectively. (c) Amendment to the Firefighters' Safety Study Act.--Section 3(1) of the Firefighters' Safety Study Act (15 U.S.C. 2223b(1)) is amended-- (1) by adding ``and'' at the end of subparagraph (C); (2) by striking ``; and'' at the end of subparagraph (D) and inserting a comma; and (3) by striking subparagraph (E). (d) Amendments Relating to Title 18, United States Code.-- (1) Section 846(a) of title 18, United States Code, is amended by striking ``, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (2) Section 514(b) of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 271) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives shall include in all such data releases'' and inserting ``Federal Bureau of Investigation shall include in all releases of data from firearm tracing studies''. (3) Limitations on use of funds for disclosure of firearms trace data.-- (A) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (B) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-3129) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (C) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (D) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-1904) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (E) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (F) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Federal Bureau of Investigation''. (4) Section 2343(c)(1) of title 18, United States Code, is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``Drug Enforcement Administration''. (5)(A) Section 3051 of title 18, United States Code, is amended-- (i) in the section heading, by striking ``Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``certain investigators and officers of the Department of Justice''; (ii) in subsection (a), by striking ``(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other'' and inserting ``Any''; and (iii) by striking subsection (b). (B) The item relating to section 3051 in the table of sections for chapter 203 of title 18, United States Code, is amended to read as follows: ``3051. Powers of certain investigators and officers of the Department of Justice.''. (e) Amendment to the National Drug Control Policy Reauthorization Act of 1998.--Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is amended by striking ``Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' and inserting ``Administration''. (f) Amendments to the Internal Revenue Code of 1986.-- (1) Section 6103(i)(8)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(i)(8)(A)) is amended by striking ``making--'' and all that follows through ``(ii)''. (2) Section 7801(a)(2)(A) of such Code (26 U.S.C. 7801(a)(2)(A)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``Federal Bureau of Investigation''. (g) Amendments to Title 28, United States Code.-- (1) Section 530C(b)(2) of title 28, United States Code, is amended by striking ``for the Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' each place it appears. (2) Chapter 40A of such title (28 U.S.C. 599A-599B) is repealed. (3) Section 2006(2) of such title is amended by striking ``, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,''. (h) Amendments to the Violence Against Women and Department of Justice Reauthorization Act of 2005.--Section 1107(a) of Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by striking paragraph (2) and redesignating paragraphs (3) through (13) as paragraphs (2) through (12), respectively. (i) Amendments to Title 31, United States Code.-- (1)(A) Section 713 of title 31, United States Code, is amended-- (i) in the section heading, by striking ``Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``Service and Tax and Trade Bureau''; (ii) in subsection (a), by striking ``, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice of the Department of the Treasury''; and (iii) in subsection (b)-- (I) in each of paragraphs (2) and (3), by striking ``either'' and inserting ``the''; and (II) in paragraph (2), by striking ``, the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and inserting ``and the Tax and Trade Bureau, Department of the Treasury''. (B) The item relating to section 713 in the table of sections for chapter 7 of such title is amended to read as follows: ``713. Audit of Internal Revenue Service and Tax and Trade Bureau.''. (2) Section 1344(b)(6) of such title is amended by striking ``Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives''. (j) Amendment to the Justice Assistance Act of 1984.--Section 609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) is amended-- (1) by adding ``and'' at the end of subparagraph (L); and (2) by striking subparagraph (M) and redesignating subparagraph (N) as subparagraph (M). (k) Amendment to the Violent Crime Control and Law Enforcement Act of 1994.--Section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and inserting ``Federal Bureau of Investigation''. (l) Amendment to Title 49, United States Code.--Section 80304(d) of title 49, United States Code, is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and inserting ``Drug Enforcement Administration''. SEC. 11. EFFECTIVE DATE. This Act (except sections 2 and 3) and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

ATF Elimination Act Rescinds the hiring authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Requires ATF, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) to jointly develop and submit a plan for winding up the affairs of ATF that, without compromising core functions, eliminates and reduces duplicative, unnecessary functions or waste. Requires the FBI to transmit to the General Services Administration a report that specifies the property to be transferred to the FBI pursuant to this Act that the FBI has determined will not be needed. Abolishes ATF. Transfers ATF functions relating to the investigation and enforcement of: (1) criminal and regulatory violations of the federal firearms, explosives, and arson laws, and the investigation of violent crime and domestic terrorism to the Attorney General, who shall delegate them to the FBI; and (2) criminal and regulatory violations of the federal alcohol and tobacco smuggling laws to the Attorney General, who shall delegate them to the DEA. Transfers: (1) the contracts, liabilities, records, property, and other assets and interests associated with such transferred functions to the Attorney General for appropriate allocation; and (2) personnel employed in connection with the transferred functions to the Attorney General.

ATF Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Agency Efficiency Act of 1998''. SEC. 2. CHANGES TO INTERIM PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) Per Visit Cost Limits.-- (1) Basis for limits.--Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)), as amended by section 4602(a) of the Balanced Budget Act of 1997, is amended-- (A) by striking ``or'' at the end of subclause (III); and (B) by striking subclause (IV) and inserting the following: ``(IV) October 1, 1997, and before October 1, 1998, 110 percent of such mean, or ``(V) October 1, 1998, 107 percent of such mean.''. (2) Elimination of two-year freeze.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 4601 of the Balanced Budget Act of 1997, is amended-- (A) by striking clause (iv) and redesignating clause (v) as clause (iv); (B) by redesignating clauses (vi) and (vii) as clauses (viii) and (ix) respectively; and (C) in clause (ix), as so redesignated, by striking ``clause (v)(I)'' and inserting ``clause (iv)(I)''. (b) Per Beneficiary Cost Limits.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 4602(c) of the Balanced Budget Act of 1997, is amended-- (1) by amending clause (iv)(I) (as redesignated by subsection (a)(2)(A)) to read as follows: ``(I) a per beneficiary annual limitation calculated under clause (v); and''; (2) by inserting after clause (iv), as so redesignated, the following new clause: ``(v) For purposes of clause (iv)(I), the per beneficiary annual limitation calculation under this clause is based-- ``(I) 25 percent on the average of the reasonable costs (including nonroutine medical supplies) for agencies in the State in which an agency is located for cost reporting periods beginning in fiscal year 1995, such costs updated by the home health market basket index and adjusted for the wage-related portion of such costs by an area wage index that the Secretary determines reflects the relative hospital wage level in the geographic area of the agency (determined without regard to whether the hospitals in such area have been reclassified to a new geographic area pursuant to section 1886(d)(8)(B), a decision of the Medicare Geographic Classification Review Board, or a decision of the Secretary under section 1886(d)(10)) compared to the State average hospital wage level; and ``(II) 75 percent on the national average of such costs for cost reporting periods beginning in fiscal year 1995, such costs updated by the home health market basket and adjusted for the wage-related portion of such costs by the wage index described in clause (iii).''; and (3) by amending subclause (I) of clause (viii), as redesignated by subsection (a)(2)(B), to read as follows: ``(I) For new providers and those providers without a cost reporting period beginning in fiscal year 1995, the per beneficiary limitation shall be equal to the per beneficiary limitation determined under clause (v).''. (c) Per Beneficiary Efficiency Standard.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x (v)(1)(L), as amended by section 4602(c) of the Balanced Budget Act of 1997, is amended-- (1) in clause (iv) (as redesignated by subsection (a)(2)(A)), by striking ``Payment'' and inserting ``Except as provided in clause (vi), payment''; and (2) by inserting after clause (v), as added by subsection (b)(2), the following new clauses: ``(vi) Notwithstanding the limits imposed by clause (iv), in the case of a home health agency that for any cost reporting period beginning on or after October 1, 1997, for which the agency's reasonable costs (determined without regard to such limits) do not exceed the per beneficiary efficiency standard established under clause (vii), payment to such home health agency shall equal such reasonable costs or, if lower, the limits determined under clause (i). ``(vii) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall establish a per beneficiary efficiency standard equal to the product of-- ``(I) the national average per beneficiary reasonable costs (including nonroutine medical supplies) for all home health agencies for cost reporting periods beginning in fiscal year 1995, such costs updated by the home health market basket and adjusted for the wage-related portion of such costs by the wage index described in clause (iii); and ``(II) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period to which the standard relates.''. (d) Elimination of Default Reduction of Interim Limits.--Section 4603(e) of the Balanced Budget Act of 1997 is amended by striking ``reduction'' and all that follows through ``1999'' and inserting ``reduction of the cost limits and per beneficiary limits described in section 1861(v)(1)(L) of such Act (as those limits would otherwise be in effect on September 30, 1999) by such uniform percentage as is necessary to achieve the budgetary savings attributed by the Congressional Budget Office to this subsection (or to the 15 percent reduction under the prospective payment system) for such cost reporting periods in its final cost estimate of the conference agreement on this Act''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Balanced Budget Act of 1997.

Medicare Home Health Agency Efficiency Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the interim payment system for home health services. Replaces the current reasonable cost limit under the system (105 percent of the median of per visit costs of freestanding home health agencies) with: (1) 110 percent of the mean of such costs (during FY 1998); and (2) 107 percent of such mean (for cost reporting periods beginning on or after October 1, 1998). Repeals the two-year freeze on payment increases for such services. Revises the formula for the per beneficiary annual limitation. Requires the Secretary of Health and Human Services to establish, according to a specified formula, a per beneficiary efficiency standard for services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997. Repeals the default reduction of interim limits.

Medicare Home Health Agency Efficiency Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lung Cancer Mortality Reduction Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lung cancer is the leading cause of cancer death for both men and women, accounting for 28 percent of all cancer deaths. (2) The National Cancer Institute estimates that in 2010, there were 222,520 new diagnoses of lung cancer and 157,300 deaths attributed to the disease. (3) According to projections published in the Journal of Clinical Oncology in 2009, between 2010 and 2030, the incidence of lung cancer will increase by 46 percent for women and by 58 percent for men. The increase in the incidence of lung cancer among minority communities during that time period will range from 74 percent to 191 percent. (4) Lung cancer causes more deaths annually than the next 4 leading causes of cancer deaths, colon cancer, breast cancer, prostate cancer, and pancreatic cancer, combined. (5) The 5-year survival rate for lung cancer is only 15 percent, while the 5-year survival rate for breast cancer is 89 percent, for prostate cancer 99 percent, and for colon cancer 65 percent. Yet in research dollars per death, lung cancer is the least funded of the major cancers. (6) In 2001, the Lung Cancer Progress Review Group of the National Cancer Institute stated that funding for lung cancer research was ``far below the levels characterized for other common malignancies and far out of proportion to its massive health impact'' and it gave the ``highest priority'' to the creation of an integrated multidisciplinary, multi- institutional research program. No comprehensive plan has been developed. (7) While smoking is the leading risk factor for lung cancer, the President's National Cancer Advisory Board Report of 2010 identified radon as the second leading cause of lung cancer and listed 15 other environmental contaminants strongly association with lung cancer, and there is accumulating evidence that hormonal and genetic factors may influence the onset. (8) Lung cancer is the most stigmatized of all the cancers and the only cancer blamed on patients, whether they smoked or not. (9) Nearly 20 percent of lung cancer patients have never smoked. Sixty percent of individuals diagnosed with lung cancer are former smokers who quit, often decades ago. (10) Lung cancer in men and women who never smoked is the sixth leading cause of cancer death. Of individuals diagnosed with lung cancer who have never smoked, \2/3\ of are women. (11) Lung cancer is the leading cause of cancer death in the overall population and in every major ethnic grouping, including White, African-American, Hispanic, Asian and Pacific Islander, American Indian, and Alaskan Native, with an even disproportionately higher impact on African-American males that has not been addressed. (12) Military personnel, veterans, and munitions workers exposed to carcinogens such as Agent Orange, crystalline forms of silica, arsenic, uranium, beryllium, and battlefield fuel emissions have increased risk for lung cancer. (13) Only 16 percent of lung cancer is being diagnosed at an early stage and there were no targets for the early detection or treatment of lung cancer included in the Department of Health and Human Services's ``Healthy People 2010'' or ``Healthy People 2020''. (14) An actuarial analysis carried out by Milliman Inc. and published in Population Health Management Journal in 2009 indicated that early detection of lung cancer could save more than 70,000 lives a year in the United States. (15) A National Cancer Institute study in 2009 indicated that while the value of life lost to lung cancer will exceed $433,000,000,000 a year by 2020, a 4-percent annual decline in lung cancer mortality would reduce that amount by more than half. (16) In 2010, the National Cancer Institute released initial results from the National Lung Screening Trial, a large-scale randomized national trial that compared the effect of low-dose helical computed tomography (``CT'') and a standard chest x-ray on lung cancer mortality. The study found 20 percent fewer lung cancer deaths among study participants screened with the CT scan. SEC. 3. SENSE OF THE CONGRESS CONCERNING INVESTMENT IN LUNG CANCER RESEARCH. It is the sense of the Congress that-- (1) lung cancer mortality reduction should be made a national public health priority; and (2) a comprehensive mortality reduction program coordinated by the Secretary of Health and Human Services is justified and necessary to adequately address all aspects of lung cancer and reduce lung cancer mortality among current smokers, former smokers, and non-smokers. SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM. 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. 399V-6. LUNG CANCER MORTALITY REDUCTION PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of the Lung Cancer Mortality Reduction Act of 2011, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the National Center on Minority Health and Health Disparities, and other members of the Lung Cancer Advisory Board established under section 7 of the Lung Cancer Mortality Reduction Act of 2011, shall implement a comprehensive program to achieve a 50-percent reduction in the mortality rate of lung cancer by 2020. ``(b) Requirements.--The program implemented under subsection (a) shall include at least the following: ``(1) With respect to the National Institutes of Health-- ``(A) a strategic review and prioritization by the National Cancer Institute of research grants to achieve the goal of the lung cancer mortality reduction program in reducing lung cancer mortality; ``(B) the provision of funds to enable the Airway Biology and Disease Branch of the National Heart, Lung, and Blood Institute to expand its research programs to include predispositions to lung cancer, the interrelationship between lung cancer and other pulmonary and cardiac disease, and the diagnosis and treatment of these interrelationships; ``(C) the provision of funds to enable the National Institute of Biomedical Imaging and Bioengineering to expedite the development of screening, diagnostic, surgical, treatment, and drug testing innovations to facilitate the potential of imaging as a biomarker and reduce lung cancer mortality, such as through expansion of the Quantum Grant Program and Image-Guided Interventions programs of the National Institute of Biomedical Imaging and Bioengineering; ``(D) the provision of funds to enable the National Institute of Environmental Health Sciences to implement research programs relative to lung cancer incidence; and ``(E) the provision of funds to enable the National Institute on Minority Health and Health Disparities to collaborate on prevention, early detection, and disease management research, and to conduct outreach programs in order to address the impact of lung cancer on minority populations. ``(2) With respect to the Food and Drug Administration, the provision of funds to enable the Center for Devices and Radiologic Health to-- ``(A) establish quality standards and guidelines for hospitals, outpatient departments, clinics, radiology practices, mobile units, physician offices, or other facilities that conduct computed tomography screening for lung cancer; ``(B) provide for the expedited revision of standards and guidelines, as required to accommodate technological advances in imaging; and ``(C) conduct an annual random sample survey to review compliance and evaluate dose and accuracy performance. ``(3) With respect to the Centers for Disease Control and Prevention-- ``(A) the provision of funds to establish a Lung Cancer Early Detection Program that provides low- income, uninsured, and underserved populations that are at high risk for lung cancer access to early detection services; ``(B) the provision of funds to enable the National Institute for Occupational Safety and Health to conduct research on environmental contaminants strongly associated with lung cancer in the workplace and implement measures to reduce lung cancer risk and provide for an early detection program; and ``(C) a requirement that State, tribal, and territorial plans developed under the National Comprehensive Cancer Control Program include lung cancer mortality reduction measures commensurate with the public health impact of lung cancer. ``(4) With respect to the Agency for Healthcare Research and Quality, the annual review of lung cancer early detection methods, diagnostic and treatment protocols, and the issuance of updated guidelines. ``(5) The cooperation and coordination of all programs for women, minorities, and health disparities within the Department of Health and Human Services to ensure that all aspects of the Lung Cancer Mortality Reduction Program adequately address the burden of lung cancer on women and minority, rural, and underserved populations. ``(6) The cooperation and coordination of all tobacco control and cessation programs within agencies of the Department of Health and Human Services to achieve the goals of the Lung Cancer Mortality Reduction Program with particular emphasis on the coordination of drug and other cessation treatments with early detection protocols.''. SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Defense and the Secretary of Veterans Affairs shall coordinate with the Secretary of Health and Human Services-- (1) in developing the Lung Cancer Mortality Reduction Program under section 399V-6 of the Public Health Service Act, as added by section 4; (2) in implementing the demonstration project under section 6 within the Department of Defense and the Department of Veterans Affairs with respect to military personnel and veterans whose smoking history and exposure to carcinogens during active duty service has increased their risk for lung cancer; and (3) in implementing coordinated care programs for military personnel and veterans diagnosed with lung cancer. SEC. 6. LUNG CANCER SCREENING DEMONSTRATION PROJECT. (a) Sense of the Congress.--It is the sense of the Congress that a national computed tomography lung cancer screening demonstration project should be carried out expeditiously in order to assess the public health infrastructure needs and to develop the most effective, safe, equitable, and efficient process that will maximize the public health benefits of screening. (b) Demonstration Project in General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare & Medicaid Services, and the other members of the Lung Cancer Advisory Board established under section 7 of the Lung Cancer Mortality Reduction Act of 2011, shall establish a demonstration project, to be known as the Lung Cancer Computed Tomography Screening and Treatment Demonstration Project (referred to in this section as the ``demonstration project''). (c) Program Requirements.--The Secretary shall ensure that the demonstration project-- (1) identifies the optimal risk populations that would benefit from screening; (2) develops the most effective, safe, equitable and cost- efficient process for screening and early disease management; (3) allows for continuous improvements in quality controls for the process; and (4) serves as a model for the integration of health information technology and the concept of a rapid learning into the health care system. (d) Participation.--The Secretary shall select not less than 5 National Cancer Institute Centers, 5 Department of Defense Medical Treatment Centers, 5 sites within the Veterans Affairs Healthcare Network, 5 International Early Lung Cancer Action Program sites, 10 community health centers for minority and underserved populations, and additional sites as the Secretary determines appropriate, as sites to carry out the demonstration project described under this section. (e) Quality Standards and Guidelines for Licensing of Tomography Screening Facilities.--The Secretary shall establish quality standards and guidelines for the licensing of hospitals, outpatient departments, clinics, radiology practices, mobile units, physician offices, or other facilities that conduct computed tomography screening for lung cancer through the demonstration project, that will require the establishment and maintenance of a quality assurance and quality control program at each such facility that is adequate and appropriate to ensure the reliability, clarity, and accuracy of the equipment and interpretation of the screening scan and set appropriate standards to control the levels of radiation dose. (f) Timeframe.--The Secretary shall conduct the demonstration project under this section for a 5-year period. (g) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress on the projected cost of the demonstration project, and shall submit annual reports to Congress thereafter on the progress of the demonstration project and preliminary findings. SEC. 7. LUNG CANCER ADVISORY BOARD. (a) In General.--The Secretary of Health and Human Services shall establish a Lung Cancer Advisory Board (referred to in this section as the ``Board'') to monitor the programs established under this Act (and the amendments made by this Act), and provide annual reports to Congress concerning benchmarks, expenditures, lung cancer statistics, and the public health impact of such programs. (b) Composition.--The Board shall be composed of-- (1) the Secretary of Health and Human Services; (2) the Secretary of Defense; (3) the Secretary of Veterans Affairs; (4) the Director of the Occupational Safety and Health Administration; (5) the Director of the National Institute of Standards and Technology; and (6) one representative each from the fields of clinical medicine focused on lung cancer, lung cancer research, radiology, imaging research, drug development, minority health advocacy, veterans service organizations, lung cancer advocacy, and occupational medicine to be appointed by the Secretary of Health and Human Services. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act (and the amendments made by this Act), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2016.

Lung Cancer Mortality Reduction Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to implement a comprehensive program to achieve a 50% reduction in the mortality rate of lung cancer by 2020. Requires the program to include initiatives throughout HHS, including: (1) a strategic review and prioritization by the National Cancer Institute of research grants; (2) the establishment by the Food and Drug Administration (FDA) of quality standards and guidelines for facilities that conduct computed tomography screening for lung cancer; and (3) the provision of funds to the Centers for Disease Control and Prevention (CDC) to establish a Lung Cancer Early Detection Program that provides low-income, uninsured, and underserved populations that are at high risk for lung cancer access to early detection services. Requires the Secretary of Defense (DOD) and the Secretary of Veterans Affairs (VA) to coordinate with the Secretary of HHS in implementing this Act and implementing coordinated care programs for military personnel and veterans diagnosed with lung cancer. Requires the Secretary of HHS to establish: (1) the Lung Cancer Computed Tomography Screening and Treatment Demonstration Project; and (2) the Lung Cancer Advisory Board to monitor the programs established under this Act.

To establish a comprehensive interagency response to reduce lung cancer mortality in a timely manner.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Club Drug Anti-Proliferation Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illegal importation of 3,4- methylenedioxymethamphetamine, commonly referred to as ``MDMA'' or ``Ecstasy'', and paramethoxyamphetamine, commonly referred to as ``PMA'', have increased in recent years, as evidenced by the fact that club drug seizures by the United States Customs Service have risen from less than 500,000 tablets during fiscal year 1997 to more than 4,000,000 tablets during the first 5 months of fiscal year 2000. (2) Use of club drugs can cause long-lasting, and perhaps permanent, damage to the serotonin system of the brain, which is fundamental to the integration of information and emotion, and this damage can cause long-term problems with learning and memory. (3) Due to the popularity and marketability of club drugs, there are numerous Internet websites with information on its effects, production, and the locations of use, often referred to as ``raves''. The availability of this information targets the primary users of club drugs, who are most often college students, young professionals, and other young people from middle- to high-income families. (4) Greater emphasis needs to be placed on-- (A) penalties associated with the manufacture, distribution, and use of club drugs; (B) the education of young people on the negative health effects of club drugs, since the reputation of club drugs as ``safe'' drugs is its most dangerous component; (C) the education of State and local law enforcement agencies regarding the growing problem of club drug trafficking across the United States; (D) reducing the number of deaths caused by club drug use and its combined use with alcohol; and (E) adequate funding for research by the National Institute on Drug Abuse to-- (i) identify those most vulnerable to using club drugs and develop science-based prevention approaches tailored to the specific needs of individuals at high risk; (ii) understand how club drugs produce its toxic effects and how to reverse neurotoxic damage; (iii) develop treatments, including new medications and behavioral treatment approaches; (iv) better understand the effects that club drugs have on the developing children and adolescents; and (v) translate research findings into useful tools and ensure their effective dissemination. SEC. 3. ENHANCED PUNISHMENT OF CLUB DRUG TRAFFICKERS. (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines regarding any offense relating to the manufacture, importation, or exportation of, or trafficking in-- (1) 3,4-methylenedioxy methamphetamine; (2) 3,4-methylenedioxy amphetamine; (3) 3,4-methylenedioxy-N-ethylamphetamine; (4) paramethoxymethamphetamine (PMA); or (5) any other controlled substance, as determined by the Sentencing Commission in consultation with the Attorney General, that is marketed as a club drug and that has either a chemical structure substantially similar to that of 3,4- methylenedioxy methamphetamine or paramethoxymethamphetamine or an effect on the central nervous system substantially similar to or greater than that of 3,4-methylenedioxy methamphetamine or paramethoxymethamphetamine; (including an attempt or conspiracy to commit an offense described in paragraph (1), (2), (3), or (4)) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 1901 et seq.). (b) General Requirement.--In carrying out this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a)-- (1) review and amend the Federal sentencing guidelines to provide for increased penalties such that those penalties are comparable to the base offense levels for offenses involving any methamphetamine mixture; and (2) take any other action the Commission considers to be necessary to carry out this subsection. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall ensure that the Federal Sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect-- (1) the need for aggressive law enforcement action with respect to offenses involving the controlled substances described in subsection (a); and (2) the dangers associated with unlawful activity involving such substances, including-- (A) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses; (B) the recent increase in the illegal importation of the controlled substances described in subsection (a); (C) the young age at which children are beginning to use the controlled substances described in subsection (a); and (D) any other factor that the Sentencing Commission deems appropriate. SEC. 4. ENHANCED PUNISHMENT OF GHB TRAFFICKERS. (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any offense relating to the manufacture, importation, or exportation of, or trafficking in-- (1) gamma-hydroxybutyric acid and its salts; or (2) the List I Chemical gamma-butyrolactone; (including an attempt or conspiracy to commit an offense described in paragraph (1) or (2)) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug Law Enforcement Act (46 5 U.S.C. 1901 et seq.). (b) General Requirements.--In carrying out this section, the United States Sentencing Commission shall with respect to each offense described in subsection (a)-- (1) review and amend the Federal Sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of these offenses and the need to deter them; (2) assure that the guidelines provide that offenses involving a significant quantity of Schedule I and II depressants are subject to greater terms of imprisonment than currently provided by the guidelines and that such terms are consistent with applicable statutory maximum penalties; and (3) take any other action the Commission considers to be necessary to carry out this subsection. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) the dangers associated with the use of the substances described in subsection (a), and unlawful activity involving such substances; (2) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses, including the dangers posed by overdose; and (3) the recent increase in the illegal manufacture of the controlled substances described in subsection (a). SEC. 5. EMERGENCY AUTHORITY TO SENTENCING COMMISSION. The United States Sentencing Commission shall promulgate amendments under this Act as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired. SEC. 6. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO THE MANUFACTURE OR ACQUISITION OF CONTROLLED SUBSTANCES. Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended by adding at the end the following: ``(g) Prohibition on Distribution of Information Relating to Manufacture or Acquisition of Controlled Substances.-- ``(1) Controlled substance defined.--In this subsection, the term `controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). ``(2) Prohibition.--It shall be unlawful for any person-- ``(A) to teach or demonstrate the manufacture of a controlled substance, or to distribute by any means information pertaining to, in whole or in part, the manufacture, acquisition, or use of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a crime; or ``(B) to teach or demonstrate to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture, acquisition, or use of a controlled substance, knowing or having reason to know that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes an offense. ``(3) Penalty.--Any person who violates this subsection shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES. Not later than 90 days after the date of enactment of this Act, the head of each department, agency, and establishment of the Federal Government shall, in consultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy. SEC. 8. EXPANSION OF CLUB DRUG ABUSE PREVENTION EFFORTS. (a) Public Health Service Assistance.--Part A of title V of the Public Health Service Act (42 U.S.C. 20 290aa et seq.) is amended by adding at the end the following: ``SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION. (a) Authority.--The Administrator may make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities to enable such entities-- ``(1) to carry out school-based programs concerning the dangers of abuse of and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own antidrug abuse education programs for their schools; and ``(2) to carry out community-based abuse and addiction prevention programs relating to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs that are effective and science-based. ``(b) Use of Funds.--Amounts made available under a grant, contract or cooperative agreement under subsection (a) shall be used for planning, establishing, or administering prevention programs relating to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs in accordance with paragraph (3). ``(c)(1) Discretionary Functions.--Amounts provided under this section may be used-- ``(A) to carry out school-based programs that are focused on those districts with high or increasing rates of abuse and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs and targeted at populations that are most at risk to start abuse of 3,4- methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs; ``(B) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for abuse of and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs; ``(C) to assist local government entities to conduct appropriate prevention activities relating to 3,4- methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs; ``(D) to train and educate State and local law enforcement officials, prevention and education officials, health professionals, members of community antidrug coalitions and parents on the signs of abuse of and addiction to 3,4- methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs, and the options for treatment and prevention; ``(E) for planning, administration, and educational activities related to the prevention of abuse of and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs; ``(F) for the monitoring and evaluation of prevention activities relating to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs, and reporting and disseminating resulting information to the public; and ``(G) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies. ``(2) Priority.--The Administrator shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in abuse and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs. ``(d)(1) Prevention Program Allocation.--Not less than $500,000 of the amount available in each fiscal year to carry out this section shall be made available to the Administrator, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs and the development of appropriate strategies for disseminating information about and implementing these programs. ``(2) Report.--The Administrator shall submit an annual report containing the results of the analyses and evaluations conducted under paragraph (1) to-- ``(A) the Committee on Health, Education, Labor, and Pensions, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and ``(B) the Committee on Commerce, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. ``(e) Authorization.--There is authorized to be appropriated to carry out this subsection-- ``(1) $5,000,000 for fiscal year 2001; and ``(2) such sums as may be necessary for each succeeding fiscal year.''. (b) National Youth Antidrug Media Campaign.--In conducting the national media campaign under section 102 of the Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of National Drug Control Policy shall ensure that such campaign addresses the reduction and prevention of abuse of 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or related drugs among young people in the United States.

(Sec. 4) Sets forth similar provisions with respect to offenses relating to the manufacture, importation, or exportation of, or trafficking in, gamma-hydroxybutyric acid and its salts (GHB), or the List I chemical gamma-butyrolactone. (Sec. 5) Directs the Commission to promulgate amendments under this Act as soon as practicable after this Act's enactment date in accordance with a procedure set forth in the Sentencing Act of 1987 (emergency guidelines promulgation authority), as though the authority under that Act had not expired. (Sec. 6) Amends the CSA to prohibit any person from teaching, demonstrating, or distributing information pertaining to the manufacture of: (1) a controlled substance with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a crime; or (2) a controlled substance to any person knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes an offense. Sets penalties for violations. (Sec. 7) Requires the head of each Federal department, agency, and establishment (department) to place anti-drug messages on appropriate Internet websites controlled by such department which shall contain an electronic hyperlink to the Internet website of the Office of National Drug Control Policy. (Sec. 8) Amends the Public Health Service Act to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to MDMA, PMA, or related drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to MDMA, PMA, or related drugs that are effective and science-based. Sets forth provisions regarding: (1) permissible uses of grant funds; (2) priorities for grants; (3) a specified annual allocation to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to MDMA, PMA, or related drugs and the development of strategies for disseminating information about and implementing such programs; and (4) reporting requirements. Authorizes appropriations. Requires the Director of the Office of National Drug Control Policy, in conducting the national media campaign under the Drug-Free Media Campaign Act of 1998, to ensure that such campaign addresses the reduction and prevention of abuse of MDMA, PMA, or related drugs among young people in the United States.

Club Drug Anti-Proliferation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Equity and Drug Savings Act''. SEC. 2. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 805. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE. ``(a) Definitions.--In this section: ``(1) Covered product.--The term `covered product' means a prescription drug described in section 503(b)(1). ``(2) Foreign country.--The term `foreign country' means-- ``(A) Australia, Canada, Israel, Japan, New Zealand, Switzerland, and South Africa; and ``(B) any other country, union, or economic area that the Secretary designates for the purposes of this section, subject to such limitations as the Secretary determines to be appropriate to protect the public health. ``(3) Market value.--The term `market value' means-- ``(A) the price paid for a covered product in foreign country; or ``(B) in the case of a gift, the price at which the covered product is being sold in the foreign country from which the covered product is imported. ``(b) Importation in Person.-- ``(1) Regulations.--Notwithstanding subsections (d) and (t) of section 301 and section 801(a), the Secretary shall promulgate regulations permitting individuals to import into the United States from a foreign country, in personal baggage, a covered product that meets-- ``(A) the conditions specified in paragraph (2); and ``(B) such additional criteria as the Secretary specifies to ensure the safety of patients in the United States. ``(2) Conditions.--A covered product may be imported under the regulations if-- ``(A) the intended use of the covered product is appropriately identified; ``(B) the covered product is not considered to represent a significant health risk (as determined by the Secretary without any consideration given to the cost or availability of such a product in the United States); and ``(C) the individual seeking to import the covered product-- ``(i) states in writing that the covered product is for the personal use of the individual; ``(ii) seeks to import a quantity of the covered product appropriate for personal use, such as a 90-day supply; ``(iii) provides the name and address of a health professional licensed to prescribe drugs in the United States that is responsible for treatment with the covered product or provides evidence that the covered product is for the continuation of a treatment begun in a foreign country; ``(iv) provides a detailed description of the covered product being imported, including the name, quantity, and market value of the covered product; ``(v) provides the time when and the place where the covered product is purchased; ``(vi) provides the port of entry through which the covered product is imported; ``(vii) provides the name, address, and telephone number of the individual who is importing the covered product; and ``(viii) provides any other information that the Secretary determines to be necessary, including such information as the Secretary determines to be appropriate to identify the facility in which the covered product was manufactured. ``(3) Importation by an individual other than the patient.--The regulations shall permit an individual who seeks to import a covered product under this subsection to designate another individual to effectuate the importation if the individual submits to the Secretary a certification by a health professional licensed to prescribe drugs in the United States that travelling to a foreign country to effectuate the importation would pose a significant risk to the health of the individual. ``(4) Consultation.--In promulgating regulations under paragraph (1), the Secretary shall consult with the United States Trade Representative and the Commissioner of Customs. ``(c) Importation by Mail.-- ``(1) Regulations.--Notwithstanding subsections (d) and (t) of section 301 and section 801(a), the Secretary shall promulgate regulations permitting individuals to import into the United States by mail a covered product that meets such criteria as the Secretary specifies to ensure the safety of patients in the United States. ``(2) Criteria.--In promulgating regulations under paragraph (1), the Secretary shall impose the conditions specified in subsection (b)(2) to the maximum extent practicable. ``(3) Consultation.--In promulgating regulations under paragraph (1), the Secretary shall consult with the United States Trade Representative and the Commissioner of Customs. ``(d) Records.--Any information documenting the importation of a covered product under subsections (b) and (c) shall be gathered and maintained by the Secretary for such period as the Secretary determines to be appropriate. ``(e) Study and Report.-- ``(1) Study.--The Secretary shall conduct a study on the imports permitted under this section, taking into consideration the information received under subsections (b) and (c). ``(2) Evaluations.--In conducting the study, the Secretary shall evaluate-- ``(A) the safety and purity of the covered products imported; and ``(B) patent, trade, and other issues that may have an effect on the safety or availability of the covered products. ``(3) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to Congress a report describing the results of the study. ``(f) No Effect on Other Authority.--Nothing in this section limits the statutory, regulatory, or enforcement authority of the Secretary relating to importation of covered products, other than the importation described in subsections (b) and (c). ``(g) Limitation.--Information collected under this section shall be subject to section 522a of title 5, United States Code.''. (b) Conforming Amendment.--Section 801(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)(1)) is amended by striking ``section 804'' and inserting ``sections 804 and 805''. SEC. 3. CORRECTION OF IMPEDIMENTS IN IMPLEMENTATION OF MEDICINE EQUITY AND DRUG SAFETY ACT OF 2000. (a) Access to Labeling to Permit Importation.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following paragraph: ``(4) specify a fair and reasonable fee that a manufacturer may charge an importer for printing and shipping labels for a covered product for use by the importer.''; (2) in subsection (e)(2), by inserting after ``used only for purposes of testing'' the following: ``or the labeling of covered products''; and (3) in subsection (h)-- (A) by striking ``No manufacturer'' and inserting the following: ``(1) In general.--No manufacturer''; and (B) by adding at the end the following: ``(2) No conditions for labeling.--No manufacturer of a covered product may impose any condition for the privilege of an importer in using labeling for a covered product, except a requirement that the importer pay a fee for such use established by regulation under subsection (b)(4).''. (b) Prohibition of Pricing Conditions.--Paragraph (1) of section 804(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384(h)) (as designated by subsection (a)(3)(A)) is amended by inserting before the period at the end the following: ``that-- ``(A) imposes a condition regarding the price at which an importer may resell a covered product; or ``(B) discriminates against a person on the basis of-- ``(i) importation by the person of a covered product imported under subsection (a); or ``(ii) sale or distribution by the person of such covered products''. (c) Conditions for Taking Effect.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking subsection (l) and inserting the following: ``(l) Conditions for Taking Effect.-- ``(1) In general.--Except as provided in paragraph (2), this section shall become effective only if the Secretary certifies to Congress that there is no reasonable likelihood that the implementation of this section would pose any appreciable additional risk to the public health or safety. ``(2) Regulations.--Notwithstanding the failure of the Secretary to make a certification under paragraph (1), the Secretary, not later than 30 days after the date of enactment of this paragraph, shall commence a rulemaking for the purpose of formulating regulations to enable the Secretary to implement this section immediately upon making such a certification.''. (d) Repeal of Sunset Provision.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking subsection (m). (e) Authorization of Appropriations.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) (as amended by subsection (d)) is amended by adding at the end the following: ``(m) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 2002 and each subsequent fiscal year such sums as are necessary to carry out this section.''.

Medication Equity and Drug Savings Act - Amends the Federal Food, Drug, and Cosmetic Act to require regulations permitting the personal-use importation into the United States of covered prescription drugs in personal baggage or by mail.Amends the Medicine Equity and Drug Safety Act of 2000 respecting specified imported pharmaceutical regulations to: (1) eliminate the sunset provision; (2) prohibit manufacturers from imposing importer pricing or labeling conditions, other than label fees; and (3) revise certification and rulemaking conditions.

A bill to amend the Federal Food, Drug, and Cosmetic Act to permit importation in personal baggage and by mail of certain covered products for personal use from certain foreign countries and to correct impediments in implementation of the Medicine Equity and Drug Safety Act of 2000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Economic Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States and Mexico have benefitted from a bilateral, mutually beneficial partnership focused on advancing the economic interests of both countries. (2) In 2013, Mexico adopted major energy reforms that opened its energy sector to private investment, increasing energy cooperation between Mexico and the United States and opening new opportunities for United States energy engagement. (3) On January 18, 2018, the Principal Deputy Assistant Secretary for Educational and Cultural Affairs at the Department of State stated, ``Our exchange programs build enduring relationships and networks to advance U.S. national interests and foreign policy goals. . . The role of our exchanges. . . in advancing U.S. national security and economic interests enjoys broad bipartisan support from Congress and other stakeholders, and provides a strong return on investment.''. (4) According to the Institute of International Education, in the 2015-2016 academic year, more than 56,000 United States students studied in other countries in the Western Hemisphere region while more than 84,000 non-United States students from the region studied in the United States, but only 5,000 of those United States students studied in Mexico and only 16,000 of those non-United States students were from Mexico. (5) In March 2011, the United States launched the 100,000 Strong in the Americas Initiative, which seeks to increase educational exchanges between the United States and other countries in the Western Hemisphere region so that 100,000 United States students are studying in other countries in the Western Hemisphere region and 100,000 non-United States students from the region are studying in the United States per year by 2020. (6) In January 2014, the United States established the 100,000 Strong in the Americas Innovation Fund, which seeks to realize the goals of the 100,000 Strong in the Americas Initiative by facilitating a public-private partnership between the Department of State and nongovernmental organizations, corporations, and universities in the United States and other countries of the Western Hemisphere region. (7) To date, the 100,000 Strong in the Americas Innovation Fund has awarded more than 100 grants to more than 250 higher education institutions from 25 countries in the Western Hemisphere region, and has raised $9,000,000 in investments, 75 percent of which was from corporations, foundations, and regional governments. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to continue deepening economic cooperation between the United States and Mexico; and (2) to seek to prioritize and expand educational and professional exchange programs with Mexico, including through the framework of the 100,000 Strong in the Americas Initiative. SEC. 4. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO. (a) In General.--The Secretary of State shall develop a strategy to carry out the policy described in section 3, to include prioritizing and expanding educational and professional exchange programs with Mexico through the framework of the 100,000 Strong in the Americas Initiative. (b) Elements.--The strategy required under subsection (a) shall-- (1) encourage more academic exchanges between the United States and Mexico at the secondary, post-secondary, and post- graduate levels, especially with communities and through academic institutions in the covered United States-Mexico border region; (2) encourage United States and Mexican academic institutions and businesses to collaborate to assist prospective and developing entrepreneurs in strengthening their business skills and promoting cooperation and joint business initiatives across the United States and Mexico, with a focus on initiatives in the covered United States-Mexico border region; (3) promote energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the United States and Mexico, particularly in the region in which the Eagle Ford Shale is located and in proximity to such region; and (4) assess the feasibility of fostering partnerships between universities in the United States and medical school and nursing programs in Mexico to ensure that medical school and nursing programs in Mexico have comparable accreditation standards as medical school and nursing programs in the United States by the Accreditation and Standards in Foreign Medical Education, in addition to the Accreditation Commission For Education in Nursing, so that medical students can pass medical licensing board exams, and nursing students can pass nursing licensing exams, in the United States. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the strategy required under subsection (a). SEC. 5. DEFINITIONS. In this Act: (1) 100,000 strong in the americas initiative.--The term ``100,000 Strong in the Americas Initiative'' means the initiative established in March 2011 by the United States Government to increase educational exchanges in the Western Hemisphere. (2) Covered united states-mexico border region.--The term ``covered United States-Mexico border region'' means those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. Passed the House of Representatives November 27, 2018. Attest: KAREN L. HAAS, Clerk.

United States-Mexico Economic Partnership Act This bill declares that it shall be U.S. policy to increase U.S.-Mexico academic exchanges at the secondary, post-secondary, and post-graduate levels. The United States and Mexico should seek to contribute to doubling the number of students studying in each other's country within five years. Priority should be given to strengthening ties between communities and academic institutions in those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. The President shall develop a plan to implement policies and programs that support cooperation, training, and mentoring of entrepreneurs. Such policies and programs should seek to provide not less than 100 grants of not more than $25,000 each for program participants to better leverage participation by the private sector. The President shall develop a plan to implement policies and programs that promote U.S.-Mexico energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the two countries. Such policies and programs should seek to provide education, internships, and exchanges for at least 1,000 program participants. The President shall develop a plan to implement a pilot program to develop a pipeline between undergraduate colleges and universities in the United States and medical school programs in Mexico. Such program should be utilized to prepare medical students to become doctors who can pass U.S. medical licensing board exams. The pilot program should seek to increase the number of bilingual medical professionals in a cost-effective manner who can practice in U.S. underserved communities.

United States-Mexico Economic Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Subsection (a) of section 802 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431) is amended-- (1) in paragraphs (1), (6), and (7), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (2) the following: ``(3) Coral reefs and associated coastal marine ecosystems provide a wide range of benefits to mankind by-- ``(A) harboring more species per unit area than any other marine habitat, providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector; ``(B) providing a major source of food and jobs for hundreds of millions of coastal residents; and ``(C) serving as natural storm barriers, thus protecting vulnerable shorelines and communities from storm waves and erosion.''; and (4) in paragraph (4) (as redesignated)-- (A) by inserting ``and coral reef and associated coastal marine ecosystems'' after ``forest resources''; and (B) by inserting ``and coral reef and associated coastal marine ecosystem exploitation'' after ``tropical deforestation''. (b) Purposes.--Subsection (b) of such section is amended-- (1) in paragraphs (1), (3), and (4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; and (2) in paragraph (2)-- (A) by striking ``tropical forests'' the first and third place it appears and inserting ``tropical forests and coral reefs and associated coastal marine ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; and (C) by inserting at the end before the semicolon the following: ``and unsustainable coral reef and associated coastal marine ecosystem exploitation''. SEC. 3. DEFINITIONS. Section 803 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431a) is amended-- (1) in paragraph (2)(A), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; (2) by striking paragraphs (4), (7), (8), and (9); (3) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (C) in subparagraph (B)-- (i) by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''; and (ii) by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (4) by redesignating paragraphs (5) and (6) as paragraphs (9) and (10), respectively; and (5) by inserting after paragraph (3) the following: ``(4) Conservation agreement.--The term `Conservation Agreement' or `Agreement' means a Conservation Agreement provided for in section 809. ``(5) Conservation facility.--The term `Conservation Facility' or `Facility' means the Conservation Facility established in the Department of the Treasury by section 804. ``(6) Conservation fund.--The term `Conservation Fund' or `Fund' means a Conservation Fund provided for in section 810. ``(7) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthozoa; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(8) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of corals.''. SEC. 4. ESTABLISHMENT OF THE FACILITY. Section 804 of the Tropical Forest Conservation Act of 1988 (22 U.S.C. 2431b) is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. SEC. 5. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431c(a)) is amended by striking ``tropical forest'' and inserting ``tropical forest or coral reef or associated coastal marine ecosystem''. SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Additional Terms and Conditions.--Subsection (c)(2) of section 806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Authorization of Appropriations.--Subsection (d)(6) of such section is amended by striking ``fiscal year 2007'' and inserting ``each of the fiscal years 2007 through 2011''. (c) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Subsection (e) of such section is amended to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, up to $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring, and administration.''. SEC. 7. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954. Section 807(c)(2) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431e(c)(2)) is amended by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 8. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS. Section 808(a)(5) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from this debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 9. CONSERVATION AGREEMENT. (a) Authority.--Subsection (a) of section 809 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended-- (1) by striking ``(a) Authority.--'' and all that follows through ``The Secretary of State'' and inserting ``(a) Authority.--The Secretary of State''; (2) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (3) by striking paragraph (2). (b) Administering Body.--Subsection (c)(2)(A) of such section is amended-- (1) in clause (i), by inserting at the end before the semicolon the following: ``to serve in an official capacity''; and (2) in clause (iii)(III), by inserting ``or marine'' after ``forestry''. (c) Eligible Activities.--Subsection (d) of such section is amended-- (1) in the matter preceding paragraph (1), by striking ``the tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''; (2) in paragraph (2), by inserting ``and water'' after ``land''; (3) in paragraph (5), by striking ``tropical forest''; and (4) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest or coral reef or associated coastal marine ecosystem in a manner consistent with protecting and conserving such resources''. (d) Grant Recipients.--Subsection (e)(1) of such section is amended-- (1) in subparagraph (A), by inserting ``marine,'' after ``forestry,''; and (2) in subparagraph (C), by striking ``in exceptional circumstances, the government of the beneficiary country'' and inserting ``in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)''. (e) Review of Larger Grants.--Subsection (f) of such section is amended to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund shall be approved by the Government of the United States and the government of the beneficiary country.''. (f) Conforming Amendment.--The heading of such section is amended by striking ``tropical forest'' and inserting ``conservation''. SEC. 10. CONSERVATION FUND. (a) Establishment.--Subsection (a) of section 810 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended-- (1) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (2) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Technical and Conforming Amendments.--Such section is amended-- (1) in subsection (b), by striking ``terms as conditions'' and inserting ``terms and conditions''; and (2) in the heading, by striking ``tropical forest'' and inserting ``conservation''. SEC. 11. BOARD. Section 811 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431i) is hereby repealed. SEC. 12. ANNUAL REPORTS TO THE CONGRESS. Section 813 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431k) is amended-- (1) by striking ``(a) In General.--''; (2) by striking ``December 31'' and inserting ``April 15''; (3) by striking ``fiscal year'' each place it appears and inserting ``calendar year''; and (4) by striking subsection (b). SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. (a) Part Heading.--The heading of part V of the Foreign Assistance Act of 1961 is amended by striking ``tropical forests'' and inserting ``tropical forests or coral reefs or associated coastal marine ecosystems''. (b) Short Title.-- (1) Amendment.--Section 801 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest and Coral Conservation Act of 2009''. (2) References.--Any reference in a law, regulation, document, or other record of the United States to the Tropical Forest Conservation Act of 1998 shall be deemed to be a reference to the Tropical Forest and Coral Conservation Act of 2009. (c) Redesignation.--Part V of the Foreign Assistance Act of 1961 (22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and 813 as sections 811 and 812, respectively. (d) Other Amendments.--Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; and (2) in subparagraph (A), by striking ``or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``an arrangement under the structural adjustment facility or enhanced structural adjustment facility, a Fund monitored program, or is implementing sound macroeconomic policies,''.

Tropical Forest and Coral Conservation Act - Amends the Tropical Forest Conservation Act of 1998 to make forests, coral reefs, and associated coastal marine ecosystem activities eligible for U.S. debt reduction benefits for developing countries. (Currently, such provision applies to tropical forests.) Renames: (1) the Tropical Forest Facility as the Conservation Facility; and (2) a Tropical Forest Agreement as a Conservation Agreement. Extends authorization of appropriations for debt reduction. Authorizes U.S. government representation on the administering body that oversees the implementation of grants arising from debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the purchaser and the beneficiary country government.

To amend the Tropical Forest Conservation Act of 1998 to provide debt relief to developing countries that take action to protect tropical forests and coral reefs and associated coastal marine ecosystems, to reauthorize such Act through fiscal year 2011, and for other purposes.

SECTION 1. STRATEGIC TRANSFORMER RESERVE PROGRAM. (a) Finding.--Congress finds that the storage of strategically located spare large power transformers will diminish the vulnerability of the United States to multiple risks facing electric grid reliability, including physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, and seismic events. (b) Definitions.--In this section: (1) Bulk-power system.--The term ``bulk-power system'' has the meaning given such term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (2) Critically damaged large power transformer.--The term ``critically damaged large power transformer'' means a large power transformer that-- (A) has sustained extensive damage such that-- (i) repair or refurbishment is not economically viable; or (ii) the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system; and (B) prior to sustaining such damage was part of the bulk-power system. (3) Large power transformer.--The term ``large power transformer'' means a power transformer, including related critical equipment, that is, or is intended to be, a part of the bulk-power system, with a maximum nameplate rating of 100 megavolt-amperes or higher. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Spare large power transformer.--The term ``spare large power transformer'' means a large power transformer that is stored within the Strategic Transformer Reserve to be available to temporarily replace a critically damaged large power transformer. (c) Strategic Transformer Reserve Plan.-- (1) Plan.--Not later than one year after the date of enactment of this Act, the Secretary, acting through the Office of Electricity Delivery and Energy Reliability, shall prepare and submit to Congress for approval a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers in sufficient numbers to temporarily replace critically damaged large power transformers. (2) Inclusions.--The Strategic Transformer Reserve plan shall include a description of-- (A) the appropriate number of spare large power transformers and total capacity in megawatts necessary in the Strategic Transformer Reserve to provide or restore sufficient resiliency to the bulk-power system to mitigate significant impacts to the electric grid resulting from-- (i) physical attack; (ii) cyber attack; (iii) electromagnetic pulse attack; (iv) geomagnetic disturbances; (v) severe weather; or (vi) seismic events; (B) the potential locations for, and feasibility and appropriate number of, strategic storage locations, including consideration of-- (i) the physical security of such locations; (ii) the protection of the confidentiality of such locations; and (iii) the proximity of such locations to sites of potentially critically damaged large power transformers, so as to enable efficient delivery of spare large power transformers to such sites; (C) the degree of flexibility of spare large power transformers in the Strategic Transformer Reserve to conform to different substation configurations, including consideration of transformer-- (i) power and voltage rating for each winding; (ii) overload requirements; (iii) impedance between windings; (iv) configuration of windings; and (v) tap requirements; (D) an estimate of the direct cost of the Strategic Transformer Reserve, as proposed, including-- (i) the cost of storage facilities for the spare large power transformers; (ii) the cost of the spare large power transformers; and (iii) management, maintenance, and operation costs; (E) the funding options available to establish, stock, manage, and maintain the Strategic Transformer Reserve, including consideration of public-private cost-sharing options; (F) the ease and speed of transportation, installation, and energization of spare large power transformers, including consideration of factors such as-- (i) transformer transportation weight; (ii) transformer size; (iii) topology of critical substations; (iv) availability of appropriate transformer mounting pads; (v) flexibility of the spare large power transformers as described in subparagraph (C); and (vi) ability to rapidly transition a spare large power transformer from storage to energization; (G) eligibility criteria for withdrawal of spare large power transformers from the Strategic Transformer Reserve to replace critically damaged large power transformers, including consideration of related existing industry programs; (H) the process by which owners of critically damaged large power transformers may apply for a withdrawal from the Strategic Transformer Reserve; (I) the process by which spare large power transformers withdrawn from the Strategic Transformer Reserve are returned to the Strategic Transformer Reserve; (J) any cost-share or rental fees determined appropriate for restocking returned spare large power transformers to the Strategic Transformer Reserve to be paid by owners of critically damaged large power transformers that have withdrawn such spare large power transformers; and (K) other considerations for designing, constructing, stocking, and managing the Strategic Transformer Reserve. (d) Congressional Approval of Strategic Transformer Reserve Plan.-- The Secretary may not establish a Strategic Transformer Reserve until Congress has approved the plan submitted pursuant to subsection (c). (e) Restriction.--No funds may be used by the Secretary to establish a Strategic Transformer Reserve without prior Congressional approval of the plan submitted pursuant to subsection (c).

This bill requires the Department of Energy (DOE), acting through the Office of Electricity Delivery and Energy Reliability, to submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers in sufficient numbers to temporarily replace critically damaged large power transformers. DOE may not establish a Strategic Transformer Reserve until Congress has approved the plan.

To establish a Strategic Transformer Reserve program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``James Hudson Temporary Employee Equity Act of 1993''. (b) Table of Contents.--The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. Health benefits. Sec. 3. Life insurance. Sec. 4. Retirement. Sec. 5. Procedures for determining aggregate service. Sec. 6. Effective date; special rules; regulations. SEC. 2. HEALTH BENEFITS. (a) Non-excludability of Certain Temporary Employees.--Paragraph (4) of section 8913(b) of title 5, United States Code, is amended to read as follows: ``(4) a temporary employee who-- ``(A) is eligible for benefits under this chapter under section 8906a; or ``(B) in the aggregate, has completed 4 years of service as a temporary employee (in the same or different positions), as determined under chapter 90.''. (b) Decrease in Minimum Period of Service Required To Be Eligible for Coverage.-- (1) In general.--Section 8906a(a)(2) of title 5, United States Code, is amended by striking ``1 year'' and inserting ``6 months''. (2) Technical amendment.--Section 8906a of title 5, United States Code, is amended by adding at the end the following: ``(c) Nothing in this section shall be considered to apply with respect to any temporary employee described in section 8913(b)(4)(B).''. SEC. 3. LIFE INSURANCE. (a) Non-excludability of Certain Temporary Employees.--Section 8716(b) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking ``3401(2) of this title).'' at the end of paragraph (3) and inserting ``3401(2)); or''; and (3) by adding at the end the following: ``(4) a temporary employee who-- ``(A) is eligible to be insured under this chapter under section 8709a; or ``(B) in the aggregate, has completed 4 years of service as a temporary employee (in the same or different positions), as determined under chapter 90.''. (b) Minimum Period of Service Required to Be Insured.-- (1) In general.--Chapter 87 of title 5, United States Code, is amended by inserting after section 8709 the following: ``Sec. 8709a. Temporary employees ``(a)(1) The Office of Personnel Management shall prescribe regulations under which temporary employees meeting the requirements of paragraph (2) shall be eligible for insurance under this chapter. ``(2) To be eligible for insurance under this chapter, a temporary employee must have completed 6 months of current continuous employment, excluding any break in service of 5 days or less. ``(b) Notwithstanding any provision of section 8707 or 8708-- ``(1) during each period in which a temporary employee is insured under a policy purchased by the Office under section 8709, based on such employee's meeting the requirements for eligibility under subsection (a), there shall be withheld from the employee's pay an amount equal to the withholdings required under section 8707 and the Government contribution required under section 8708 in connection with the employee's group life insurance and accidental death and dismemberment insurance; and ``(2) the employing agency of the employee shall not pay the Government contribution under section 8708 for such employee for any period referred to in paragraph (1). ``(c) Nothing in this section shall be considered to apply with respect to any temporary employee described in section 8716(b)(4)(B).''. (2) Conforming amendment.--The table of sections for chapter 87 of title 5, United States Code, is amended by inserting after the item relating to section 8709 the following: ``8709a. Temporary employees.''. SEC. 4. RETIREMENT. (a) Civil Service Retirement System.--The second sentence of section 8347(g) of title 5, United States Code, is amended by striking ``3401(2) of this title).'' and inserting ``3401(2)) or any temporary employee who, in the aggregate, has completed 4 years of service as a temporary employee (in the same or different positions), as determined under chapter 90.''. (b) Federal Employees' Retirement System.--Section 8402(c)(1) of title 5, United States Code, is amended by striking ``3401(2)).'' and inserting ``3401(2)) or a temporary employee who, in the aggregate, has completed 4 years of service as a temporary employee (in the same or different positions), as determined under chapter 90.''. SEC. 5. PROCEDURES FOR DETERMINING AGGREGATE SERVICE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--TEMPORARY EMPLOYMENT ``Sec. ``9001. Definitions; applicability. ``9002. Regulations. ``Sec. 9001. Definitions; applicability ``(a) For the purpose of this chapter-- ``(1) the term `service performed as a temporary employee' means, with respect to a benefit, service performed as a temporary employee which is creditable for purposes of determining eligibility for such benefit; and ``(2) the terms `eligible' and `eligibility', as used with respect to a benefit, include being eligible or having eligibility by virtue of satisfying the requirements for being considered a non-excludable employee for purposes of such benefit. ``(b) This chapter applies with respect to any benefit, eligibility for which is based on the completion, in the aggregate, of at least a certain amount of service as a temporary employee (in the same or different positions), but only if the provisions of this chapter are specifically cited as the means for determining whether that service requirement has been met. ``Sec. 9002. Regulations ``(a) The Office of Personnel Management shall prescribe regulations for determining, for purposes of any benefit with respect to which this chapter applies, whether an employee satisfies the service requirement necessary to be eligible for such benefit. ``(b) The regulations shall accomplish at least the following: ``(1) Establish procedures setting forth the time, form, and manner in which a temporary employee may apply for any benefit with respect to which this chapter applies, including provisions relating to any documentation or other supporting evidence which may be necessary to establish that the service requirement has been met. ``(2) Require agencies to take such measures, both on an intraagency and interagency basis, as may be necessary to allow current or prospective temporary employees to readily ascertain, and obtain supporting evidence as to, the aggregate amount of temporary service such employee has performed in any agency. ``(3) Require agencies to take appropriate measures to ensure that temporary employees are notified as to-- ``(A) any benefits for which they may be eligible by virtue of the amendments made by the James Hudson Temporary Employee Equity Act of 1993, and the procedures for establishing eligibility (if appropriate); and ``(B) any resources or assistance which may be available to them in connection with obtaining those benefits. ``(4) Establish procedures to ensure that applications are considered, and that final decisions on applications are rendered, in the most expeditious manner possible. ``(5) Consistent with applicable provisions of law, specify the time and manner in which a benefit begins or becomes available if a favorable decision under paragraph (4) is rendered.''. (b) Technical and Conforming Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: ``90. Temporary Employment.................................. 9001''. SEC. 6. EFFECTIVE DATE; SPECIAL RULES; REGULATIONS. (a) Effective Date.--The amendments made by this Act shall take effect as of the 90th day after the date of the enactment of this Act, subject to subsection (b). (b) Special Rules.-- (1) Contributions to fehbp.--In the case of a temporary employee who, immediately before the effective date under subsection (a), is contributing to the Employees Health Benefits Fund under section 8906a of title 5, United States Code, any change in the contributions payable by or on behalf of such employee into such fund as a result of the amendments made by section 2 shall become effective as of the first applicable pay period beginning on or after such date. (2) Creditability of prior service.-- (A) In general.--Subject to subparagraph (B), in administering the amendments made by this Act, service may be taken into account whether performed before, on, or after the date of the enactment of this Act. (B) Retirement.--For purposes of the amendments made by section 4, any service performed as a temporary employee before the effective date under subsection (a) which, but for such section, would otherwise be excluded from the operation of the retirement system involved, may not be taken into account except for purposes of determining whether or not an employee may be excluded under section 8347(g) or 8402(c)(1) of title 5, United States Code, as applicable. (c) Regulations.--Any regulations necessary to carry out the amendments made by this Act shall be prescribed by the Office of Personnel Management not later than the effective date under subsection (a).

James Hudson Temporary Employee Equity Act of 1993 - Amends Federal civil service provisions to make health insurance, life insurance, and retirement benefits available to temporary employees who have completed at least four years of service. Decreases from one year to six months the minimum period of service required for temporary employees to be eligible for health benefits. Provides for the same minimum period of service for eligibility for life insurance. Directs the Office of Personnel Management to prescribe regulations for determining whether a temporary employee satisfies service requirements for benefits eligibility. Credits prior service of temporary employees for purposes of determining benefits.

James Hudson Temporary Employee Equity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Surviving Spouses Equity Act''. SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES AND OPTIONAL ANNUITY AUTHORITY. (a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title 10, United States Code, and subsection (c)(2) of section 1451 of such title are repealed. (b) Recoupment of Certain Amounts Previously Refunded to SPB Recipients.-- (1) Repayment required.--A surviving spouse who is in receipt of an SBP annuity that is in effect before the effective date of the amendments made by subsection (a) and that is adjusted by reason of such amendments and who had previously received an SBP retired pay refund shall repay an amount determined under paragraph (2). Any such repayment shall be made in the same manner as a repayment under subsection (k)(2) of section 1450 of title 10, United States Code, as in effect on the day before the effective date of such amendments. (2) Amount of repayment.--The amount of a repayment under paragraph (1) shall be the amount that bears the same ratio to the amount of that refund as the surviving spouse's life expectancy (determined in accordance with standard actuarial practices) bears to the anticipated total duration of the annuity (determined as the sum of such life expectancy and the duration of the annuity already received) (3) Waiver of repayment.--The Secretary of Defense may waive the requirement that a surviving spouse make a repayment under paragraph (1) if the Secretary determines that-- (A) hardship or other circumstances make repayment unwarranted; or (B) requiring repayment would otherwise not be in the best interests of the United States. (4) Definitions.--In this subsection: (A) The term ``SBP annuity'' means an annuity under the program established under subchapter II of chapter 73 of title 10, United States Code. (B) The term ``SBP retired pay refund'' means a refund under subsection (e) of section 1450 of title 10, United States Code, as in effect before the effective date of the amendments made by subsection (a). (c) Repeal of Optional Annuity Authority.--Subsection (d) of section 1448 of title 10, United States Code, is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraph (2)(B), the Secretary'' and inserting ``The Secretary''; and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Payment of annuity to dependent children when no eligible surviving spouse.--In the case of a member described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the member's dependent children under section 1450(a)(2) of this title when there is no eligible surviving spouse.''. (d) Restoration of Eligibility for Previously Eligible Surviving Spouses.-- (1) Restoration.--The Secretary of Defense shall restore eligibility for an annuity under subchapter II of chapter 73 of title 10, United States Code, to any eligible surviving spouse who, before the effective date of the amendments made by subsection (c), agreed to transfer payment of such annuity to a surviving child or children of a member of the Armed Forces under section 1448(d)(2)(B) of such title, as in effect before such effective date. Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. (2) Definition.--In this subsection, the term ``eligible surviving spouse'' includes a person who was previously eligible for payment of such annuity as the spouse of a member of the Armed Forces and is unremarried after the death of the member, is remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce, or annulment. (e) Effective Date and Application of Amendments.-- (1) Effective date.--The amendments made by this section shall take effect on the later of-- (A) October 1, 2007; and (B) the date of the enactment of this Act. (2) Applicability.--The amendments made by subsections (a) and (c) shall apply with respect to payment of annuities under subchapter II of chapter 73 of title 10, United States Code, for months beginning on or after the effective date of such amendments under paragraph (1).

Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2007, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Authorizes the Secretary of Defense to waive the recoupment requirement in certain cases. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.

To amend title 10, United States Code, to repeal the offset from surviving spouse annuities under the military Survivor Benefit Plan for amounts paid by the Secretary of Veterans Affairs as dependency and indemnity compensation, to repeal the optional annuity authority for the dependent children of a member when there is an eligible surviving spouse, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Affordability Act of 2010''. SEC. 2. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2011, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State's priority list established under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 3. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. (a) Extended Repayment Period.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A) by striking ``20 years'' and inserting ``the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B) by striking ``not later than 20 years after project completion'' and inserting ``upon the expiration of the term of the loan''. (b) Additional Subsidization.--Section 603 of such Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Additional Subsidization.-- ``(1) In general.--In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans to benefit a municipality that-- ``(A) meets the State's affordability criteria established under paragraph (2); or ``(B) does not meet the State's affordability criteria if the recipient-- ``(i) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; ``(ii) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and ``(iii) ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or ``(2) Affordability criteria.-- ``(A) Establishment.--On or before September 30, 2011, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161). ``(B) Existing criteria.--If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph. ``(C) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). ``(3) Limitation.--The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants received by the State under this title in fiscal years beginning after September 30, 2011.''. SEC. 4. UPDATING OF GUIDANCE. (a) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Affordability.--The term ``affordability'' means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator. (3) Financial capability.--The term ``financial capability'' means the financial capability of a community to make investments necessary to make water quality-related improvements, taking into consideration the criteria described in subsection (b)(2)(A). (4) Guidance.--The term ``guidance'' means the guidance published by the Administrator entitled ``Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development'' and dated February 1997, as applicable to combined sewer overflows and sanitary sewer overflows. (b) Updating.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Administrator shall update the guidance to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet the criteria described in paragraph (2). (2) Criteria.--The criteria described in this paragraph are that, under the updated guidance-- (A) in assessing the financial capability of a community-- (i) greater emphasis should be placed on local economic conditions; (ii) for regional systems, consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region; (iii) prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community; (iv) site-specific local conditions should be taken into consideration in analyzing financial capability; (v) a single measure of financial capability or affordability (such as median household income) should be viewed in the context of other economic measures, rather than as a threshold to be achieved; and (vi)(I) consideration should be given to the economic outlook of a community, including the potential impact of program requirements over time, in the development of implementation schedules; and (II) the assessment should take into consideration other essential community investments relating to water quality improvements; (B) with respect to the timing of implementation of water quality-related improvements-- (i) environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements; and (ii) implementation schedules should reflect local community financial conditions and economic impacts; (C) with respect to implementation of methodologies-- (i) a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities; and (ii) an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community; and (D) the residential indicator should be revised to include-- (i) a consideration of costs imposed upon ratepayers for essential utilities; (ii) increased consideration and quantification of local community-imposed costs in regional systems; (iii) a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility; (iv) a consideration of the industrial and population trends of a community; (v) recognition that-- (I) the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area; and (II) more representative methods of determining affordability, such as shelter costs, essential utility payments, State affordability criteria, and State and local tax efforts, should be considered; (vi) a consideration of low-income ratepayer percentages; and (vii) impacts relating to program delivery, such as water quality infrastructure market saturation and program management. (3) Implementation.--The updated guidance should indicate that, in a case in which a previously approved long-term control plan or associated enforceable agreement allows for modification of the plan or terms of the agreement (including financial capability considerations), and all parties are in agreement that a change is needed or that the plan or agreement contains a reopener provision to address changes in the economic or financial status of the community since the effective date of the plan or agreement, reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph (2) is appropriate. (c) Publication and Submission.--Upon completion of the updating of guidance under subsection (b), the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the updated guidance.

Clean Water Affordability Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise requirements for capitalization grant agreements with states for establishing water pollution control revolving funds. Requires states to set aside 15% of funds for assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria. Authorizes the fund to be used to make loans at terms not to exceed 30 years or the design life of the project to be financed with the proceeds of the loan (currently 20 years). Authorizes a state to provide additional subsidization, including forgiveness of principal and negative interest loans, to benefit a municipality that: (1) meets affordability criteria, or (2) does not meet such criteria if the recipient seeks the additional subsidization to benefit ratepayers that will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. Establishes affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance. Requires the Administrator of the Environmental Protection Agency (EPA) to update the guidance entitled "Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development," dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in: (1) assessing financial capability of a community to make investments necessary to make water quality-related improvements, and (2) implementing water quality-related improvements.

To amend the Federal Water Pollution Control Act to assist municipalities that would experience a significant hardship raising the revenue necessary to finance projects and activities for the construction of wastewater treatment works, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteeing Airport Physical Screening Standards Act of 2005''. SEC. 2. SCREENING OF ALL INDIVIDUALS AND PROPERTY ENTERING SECURE AREAS OF AN AIRPORT. (a) Deadline.--Section 44903(h)(4)(A) of title 49, United States Code, is amended by striking ``as soon as practicable after the date of enactment of this subsection'' and inserting ``not later than 120 days after the date of enactment of the Guaranteeing Airport Physical Screening Standards Act of 2005''. (b) Screening and Inspection Requirements.--Section 44903(h)(4)(B) of such title is amended by inserting before the semicolon at the end the following: ``and will include at a minimum physical screening for metal objects''. (c) Interim Measures.--The Secretary of Homeland Security shall require random screenings and inspections of individuals, goods, property, vehicles, and other equipment at the entrances of, and within, secure areas of an airport until such date as the Secretary has fully complied with the requirements of section 44903(h)(4)(A) of such title. The random screenings and inspections shall be conducted in a manner that assures the level of protection described in section 44903(h)(4)(B) of such title, as amended by this section. The random screenings and inspections shall be unannounced and shall be conducted 24 hours a day. SEC. 3. HIRING OF SCREENERS. (a) Number of Screeners.--Notwithstanding any other provision of law, the Secretary of Homeland Security may hire the number of passenger and baggage screeners that the Secretary determines necessary to ensure aviation security. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. AIRPORT SITE ACCESS AND PERIMETER SECURITY. (a) Sense of Congress.--It is the sense of Congress that the security directives issued by the Acting Administrator of the Transportation Security Administration on July 6, 2004, regarding security measures concerning access to sensitive airport areas constitute an improvement over current practice but are not sufficient to provide adequate airport access controls. (b) Access to Sterile Areas.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall require airport personnel accessing airport sterile areas from unrestricted areas to undergo security screening equivalent to screening of passengers and carry-on baggage. The Secretary may issue a waiver of this provision on an airport-by-airport basis, subject to the following requirements: (1) The Secretary shall promptly notify Congress of any waivers granted under this section, the purpose for which such waivers were granted, and the duration of the waiver. (2) Under no circumstances shall a waiver be granted for more than 7 days, although the Secretary may issue as many waivers to an airport as is deemed appropriate by the Secretary. In the event of multiple waivers, the Secretary shall provide to Congress an estimate of when the airport will be in compliance with this subsection. (c) Background Checks for Workers.--The Secretary shall ensure that all unescorted airport personnel accessing airport sterile and secured areas have successfully undergone a background check. The background checks required under this section shall include, at a minimum: (1) A fingerprint-based criminal history records check, or, if such a check is not possible, a check of the National Criminal Information Center. (2) A local criminal history check. (3) Verification of previous employment. (4) Verification of identity, to include, but not be limited to, social security number. (5) A check of all terrorist watch lists operated by the Federal Government, or upon certification by the Secretary that it is suitably comprehensive, the terrorist watch list operated by the Terrorist Screening Center. This subsection shall apply to all airport personnel hired more than 3 months after the date of enactment of this Act and for all airport personnel, regardless of the date on which they were hired, no more than one year after such date of enactment. (d) Report.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to Congress, no later than January 31, 2006, a report that contains a description of ongoing efforts and projected timelines for_ (1) developing and implementing uniform screening standards for airport personnel with access to sterile areas; (2) completing an assessment of available technologies that are applicable to securing airport perimeters and making this information available to airport operators; and (3) developing and implementing a standardized approach to conducting airport vulnerability assessments and compliance inspections. (e) Limitation on Statutory Construction.--Nothing in this section shall be construed to provide passengers, airport workers, or other personnel not granted regular access to secure areas before the date of enactment of this Act authority to do so, regardless of whether such person has undergone security screening. (f) Definitions.--In this section, the following definitions apply: (1) Sterile area.--The term ``sterile area'' means any part of an airport that is regularly accessible to passengers after having cleared a passenger security screening checkpoint. (2) Secure area.--The term ``secure area'' means parts of an airport complex not typically accessible to passengers, including areas outside of terminal buildings, baggage handling and loading areas, parked aircraft, runways, air control towers, and similar areas. (3) Airport personnel.--The term ``airport personnel'' means persons, whether employed by the airport, air carriers, or by companies, that conduct business in airports.

Guaranteeing Airport Physical Screening Standards Act of 2005 - Amends federal transportation law to set a deadline of 120 days after enactment of this Act for the Under Secretary for Border and Transportation Security of the Department of Homeland Security to require screening (at a minimum, screening for metal objects) or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of a U.S. airport. Directs the Secretary of Homeland Security (Secretary) to require random screenings and inspections until such deadline is met. Authorizes the Secretary to hire additional passenger and baggage screeners to ensure aviation security. Directs the Secretary to require airport personnel accessing airport sterile areas from unrestricted areas to undergo security screening. Requires the Secretary to ensure that all unescorted airport personnel accessing airport sterile and secured areas have undergone a background check. Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) to report to Congress on ongoing efforts and projected timelines for: (1) developing and implementing uniform screening standards for airport personnel with access to sterile areas; (2) completing, and making available to airport operators, an assessment of available technologies applicable to securing airport perimeters; and (3) developing and implementing a standardized approach to conducting airport vulnerability assessments and compliance inspections.

To amend title 49, United States Code, to establish a deadline for the screening of all individuals, goods, property, vehicles, and other equipment entering a secure area of an airport, and for other purposes.