FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Accountability Act''. SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY. (a) Required Disclosures.--The Administrator of the General Services Administration shall require an air carrier, as a condition of eligibility for a contract under the City Pair Program (or a successive program for Federal employee air travel administered by such Administrator), to disclose to the Secretary of Labor, on an annual basis and to the best of the air carrier's knowledge, whether, within the preceding 3-year period, any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, has been issued against the air carrier or any of its subcontractors, for violations of any of the following labor laws, including Executive orders: (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (2) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (3) The National Labor Relations Act (29 U.S.C. 151 et seq.). (4) Subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''). (5) Chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''). (6) Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity). (7) Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793). (8) Section 4212 of title 38, United States Code. (9) The Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (10) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (11) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (12) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). (13) Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors). (14) Equivalent State laws, as defined in guidance issued by the Secretary of Labor. (b) Responsibility for Subcontractors.-- (1) In general.--The Administrator of the General Services Administration shall require an air carrier, as a condition of eligibility for a contract under the City Pair Program (or a successive program for Federal employee air travel administered by such Administrator), to incorporate into each subcontract a requirement that the subcontractor discloses to the air carrier any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the subcontractor within the preceding 3-year period for violations of any of the requirements of the labor laws, including Executive orders, listed in subsection (a). (2) Consultation.--The Secretary of Labor shall be available, as appropriate, for consultation with an air carrier to assist in evaluating the information on labor compliance submitted by a subcontractor pursuant to paragraph (1). (c) Corrective Measures.--On an annual basis, the Secretary of Labor-- (1) shall provide an air carrier who makes a disclosure pursuant to subsection (a) an opportunity to report any steps taken by the air carrier or any of its subcontractors to correct the violations of or improve compliance with the labor laws, including Executive orders, listed in such subsection, including any agreements entered into with an enforcement agency; and (2) may negotiate with such air carrier corrective measures that the air carrier or any of its subcontractors may take in order to avoid having the air carrier placed on the list described in subsection (d). (d) List of Ineligible Air Carriers.-- (1) In general.--For each year that a contract is solicited under the City Pair Program (or a successive program for Federal employee air travel administered by the Administrator of the General Services Administration), the Secretary of Labor shall prepare, and submit to such Administrator, a list of air carriers that shall be ineligible for such solicitation based on serious, repeated, willful, or pervasive violations of the labor laws, including Executive orders, listed under subsection (a) committed by the air carrier, or any of its subcontractors, and the failure of such air carriers, or any of its subcontractors, to complete any corrective measures negotiated under subsection (c). (2) Ineligibility.--The Administrator of the General Services Administration shall not solicit a contract under the City Pair Program (or a successive program for Federal employee air travel administered by such Administrator) from any air carrier on the list described in paragraph (1) that applies to the year of the solicitation. (e) Applicability.--The requirements under this Act shall not apply with respect to any contract solicited prior to 2 years after the date of enactment of this Act.

Airline Accountability Act This bill directs the General Services Administration (GSA) to require an air carrier, as a condition of eligibility for a contract under the City Pair Program, to: (1) disclose to the Department of Labor, annually, whether within the preceding three-year period any administrative merits determination, arbitral award or decision, or civil judgment has been issued against the carrier or any of its subcontractors for violations of the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, the National Labor Relations Act, the Davis-Bacon Act, the Service Contract Act, the Family and Medical Leave Act of 1993, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, or other specified labor laws and executive orders; and (2) incorporate into each subcontract a requirement that the subcontractor disclose to the carrier any such determination, award, decision, or judgment rendered against the subcontractor within the preceding three-year period for violations of any of such laws. Labor shall provide an air carrier that makes such a disclosure an opportunity, annually, to report any steps taken by the carrier or any of its subcontractors to correct the violations or improve compliance. may negotiate corrective measures that the carrier or any of its subcontractors may take in order to avoid having the carrier placed on the list. For each year that a contract is solicited under the program, Labor shall prepare and submit to the GSA a list of air carriers that shall be ineligible for such solicitation based on serious, repeated, willful, or pervasive violations of the labor laws and the failure of such carriers or any of its subcontractors to complete a corrective measure negotiated. The GSA shall not solicit a contract under the program from any carrier on the list that applies to the year of the solicitation. Labor may negotiate corrective measures that a carrier or any of its subcontractors may take in order to avoid having the carrier placed on the list.

Airline Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thomas Alva Edison Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Thomas Alva Edison, one of America's greatest inventors, was born on February 11, 1847, in Milan, Ohio. (2) The inexhaustible energy and genius of Thomas A. Edison produced more than 1,300 inventions in his lifetime, including the incandescent light bulb and the phonograph. (3) In 1928, Thomas A. Edison received the Congressional gold medal ``for development and application of inventions that have revolutionized civilization in the last century''. (4) 2004 will mark the 125th anniversary of the invention of the light bulb by Thomas A. Edison in 1879, the first practical incandescent electric lamp. SEC. 3. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the 125th anniversary of the invention of the light bulb by Thomas A. Edison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, 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 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the light bulb and the many inventions made by Thomas A. Edison throughout his prolific life. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; and (B) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Thomas A. Edison. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2004. (c) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2004. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the first $5,000,000 of the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary as follows: (1) Museum of arts and history.--Up to \1/8\ to the Museum of Arts and History, in the city of Port Huron, Michigan, for the endowment and construction of a special museum on the life of Thomas A. Edison in Port Huron. (2) Edison birthplace association.--Up to \1/8\ to the Edison Birthplace Association, Incorporated, in Milan, Ohio, to assist in the efforts of the association to raise an endowment as a permanent source of support for the repair and maintenance of the Thomas A. Edison birthplace, a national historic landmark. (3) National park service.--Up to \1/8\ to the National Park Service, for use in protecting, restoring, and cataloguing historic documents and objects at the ``invention factory'' of Thomas A. Edison in West Orange, New Jersey. (4) Edison plaza museum.--Up to \1/8\ to the Edison Plaza Museum in Beaumont, Texas, for expanding educational programs on Thomas A. Edison and for the repair and maintenance of the museum. (5) Edison winter home and museum.--Up to \1/8\ to the Edison Winter Home and Museum in Fort Myers, Florida, for historic preservation, restoration, and maintenance of the historic home and chemical laboratory of Thomas A. Edison. (6) Edison institute.--Up to \1/8\ to the Edison Institute, otherwise known as ``Greenfield Village'', in Dearborn, Michigan, for use in maintaining and expanding displays and educational programs associated with Thomas A. Edison. (7) Edison memorial tower.--Up to \1/8\ to the Edison Memorial Tower in Edison, New Jersey, for the preservation, restoration, and expansion of the tower and museum. (8) Hall of electrical history.--Up to \1/8\ to the Schenectady Museum Association in Schenectady, New York, for the historic preservation of materials of Thomas A. Edison and for the development of educational programs associated with Thomas A. Edison. (c) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Thomas Alva Edison Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the light bulb and the many inventions made by Thomas A. Edison throughout his prolific life. Mandates that: (1) the obverse side of the coins bear the likeness of Thomas A. Edison; and (2) coin design be selected by the Secretary and reviewed by the Citizens Commemorative Coin Advisory Committee. Terminates the authority to mint such coins after December 31, 2004. Requires that certain surcharges received from coin sales be distributed to specified entities.

Thomas Alva Edison Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Sustainability Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The environmental life-support systems vital to the Nation's economic and social prosperity are increasingly at risk. (2) The Nation's institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social, and economic problems that exist. (3) Achieving more sustainable environmental, economic, and social systems will require new research, education, and technology development, and innovative policy approaches that are flexible and use market mechanisms while engaging relevant stakeholders from the private and public sectors. (4) For the Nation to remain competitive in this global world of increasingly limited natural resources, institutions of higher education need to take immediate steps to create new research, education, and technology development that reflect the framework of sustainability. (5) The Nation's institutions of higher education also are uniquely positioned to prepare the future labor force for addressing threats to, and seeking opportunities for economic, environmental, and social sustainability. (6) The Nation's institutions of higher education are places where approaches that integrate the environmental, social, and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government, and the nonprofit sector. (7) The Nation's institutions of higher education are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability. (8) Numerous State governors, including those of Oregon, Washington, New Jersey, and California have issued executive orders for the development of State sustainability plans. (9) Hundreds of college campuses have already made commitments to sustainable practices and lessening their carbon footprint, but lack a cohesive plan. (10) Additionally, many campuses now offer courses on sustainability, but no comprehensive system exists to evaluate and compare colleges and universities in terms of overall sustainability related academic programs and practices. (b) Purposes.--The purposes of this Act are-- (1) to provide support to faculty, staff, and students at institutions of higher education to establish administrative and academic sustainability programs on campus and a means to measure their effectiveness; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace. SEC. 3. ESTABLISHMENT OF PROGRAM. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--UNIVERSITY SUSTAINABILITY PROGRAMS ``Subpart 1--Sustainability Planning Grants ``SEC. 781. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary shall, from the funds appropriated under section 786, make grants to eligible entities to establish sustainability programs to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management, and other aspects of sustainability that integrate campus operations with multidisciplinary academic programs and are applicable to the private and government sectors. ``(b) Period of Grant.--The provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. ``(c) Definition of Eligible Entities.--In this part, the term `eligible entity' means-- ``(1) an institution of higher education that grants 2- or 4-year undergraduate degrees, or masters and doctoral degrees, or both; or ``(2) a nonprofit consortia, association, alliance, or collaboration operating in partnership with 1 or more institutions of higher education that received funds for the implementation of work associated with sustainability programs under this part. ``(d) Administration of the Program.-- ``(1) In general.-- ``(A) Eligible institution.--In this subsection, the term `eligible institution' means-- ``(i) an institution of higher education; ``(ii) a nonprofit institution; or ``(iii) a consortium of institutions described in clause (i) or (ii), or both. ``(B) Contract to administer.--The Secretary shall enter into a multi-year contract with an eligible institution to administer the grant program established under this section. ``(2) Application.--An eligible institution desiring to enter into a contract with the Secretary under paragraph (1) shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. ``(3) Awarding of contract.--The Secretary shall award the contract under this subsection on the basis of-- ``(A) the capability to administer an effective and fair grant-making process that solicits and identifies the best possible projects for funding for the uses described in section 783; ``(B) the expertise of the applicant in higher education sustainability; ``(C) the relative economic effectiveness of the program in terms of the ratio of overhead costs to direct services; and ``(D) such other factors as the Secretary determines appropriate. ``(4) Evaluation.--The Secretary shall establish procedures for a careful and detailed review and evaluation of the administration of the higher education sustainability program to determine the effectiveness of the contractor as an administrator of the grant program established under this section. The Secretary shall make the results of such a review and evaluation publicly available. ``SEC. 782. APPLICATIONS. ``(a) In General.--To receive a grant under section 781(a), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(b) Assurances.--Such application shall include assurances that the eligible entity-- ``(1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 783; ``(2) shall use Federal funds received from a grant under section 781(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; ``(3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 781(a), non-Federal funds or an in-kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 783; and ``(4) shall collaborate with business, government, local workforce investment boards, and the nonprofit sectors in the development and implementation of its sustainability plan. ``SEC. 783. USE OF FUNDS. ``(a) Individual Institutions.--Grants made under section 781 may be used by an eligible entity that is an institution of higher education, as described in section 781(c)(1), for the following purposes: ``(1) To develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability. ``(2) To establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability. ``(3) To support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements. ``(4) To establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability. ``(5) To support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices. ``(6) To establish sustainability literacy as a requirement for undergraduate and graduate degree programs. ``(7) To integrate sustainability curriculum in all programs of instruction, particularly in business, architecture, technology, manufacturing, engineering, and science programs. ``(b) Partnerships.--Grants made under section 781 may be used by an eligible entity that is a nonprofit consortia, association, alliance, or collaboration operating as a partnership with 1 or more institutions of higher education for the following purposes: ``(1) To conduct faculty, staff, or administrator training on the subjects of sustainability and institutional change. ``(2) To compile, evaluate, and disseminate best practices, case studies, guidelines, and standards. ``(3) To conduct efforts to engage external stakeholders such as business, alumni, and accrediting agencies in the process of building support for research, education, and technology development for sustainability. ``(4) To conduct professional development programs for faculty in all disciplines to enable faculty to incorporate sustainability content in the faculties' courses. ``(5) To enable an appropriate nonprofit consortia, association, alliance, or collaboration operating in partnership with an institution of higher education to create the analytical tools necessary for institutions of higher education to assess and measure the institution's progress toward fully sustainable campus operations and fully integrating sustainability into the curriculum. ``(6) To develop educational benchmarks for institutions of higher education to determine the necessary rigor and effectiveness of academic sustainability programs. ``SEC. 784. REPORTS. ``An eligible entity that receives a grant under section 781(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 783, research findings and publications, administrative savings experienced, and an evaluation of the program. ``SEC. 785. ALLOCATION REQUIREMENT. ``The Secretary may not make grants under section 781(a) to any eligible entity in a total amount that is less than $250,000 or more than $2,000,000. ``SEC. 786. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out section 781(a), $50,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(b) Availability.--Amounts appropriated under subsection (a) are authorized to remain available until expended. ``Subpart 2--Summit on Sustainability ``SEC. 791. SUMMIT ON SUSTAINABILITY. ``Not later than September 30, 2008, the Secretary shall convene a summit of higher education experts working in the area of sustainable operations and programs, representatives from agencies of the Federal Government, and business and industry leaders, to focus on efforts of national distinction that-- ``(1) encourage faculty, staff, and students at institutions of higher education to establish administrative and academic sustainability programs on campus; ``(2) enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; ``(3) encourage institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace; ``(4) identify opportunities for partnerships involving institutions of higher education and the Federal Government to expand sustainable operations and academic programs focused on environmental and economic sustainability; and ``(5) charge the summit participants or steering committee to submit a set of recommendations for addressing sustainability through institutions of higher education.''.

Higher Education Sustainability Act of 2007 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to establish sustainability programs at institutions of higher education (IHEs). Directs the Secretary to contract with an IHE, nonprofit organization, or consortium of such institutions for administration of the grant program. Requires such programs to develop and implement: (1) sustainability practices, including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. Directs the Secretary to convene a summit of higher education experts, federal representatives, and business and industry leaders to encourage cooperative efforts to enhance sustainability programs at IHEs and apply such programs to the community and workplace.

A bill to direct the Secretary of Education to provide grants to establish and evaluate sustainability programs, charged with developing and implementing integrated environmental, economic, and social sustainability initiatives, and to direct the Secretary of Education to convene a summit of higher education experts in the area of sustainability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ludlow Massacre National Historic Landmark Act''. SEC. 2. INDINGS. Congress finds that-- (1) the 1913-1914 Colorado coal strike was 1 of the most visible and violent labor conflicts of the early 20th century; (2) the coal strike began in September 1913, when coal miners walked out of southern Colorado coal mines to protest for-- (A) higher wages; (B) enforcement of State mining and labor laws; and (C) union recognition; (3) striking miners and their families, evicted from company towns, lived in tent colonies, including the Ludlow Tent Colony, near the entrances to the canyons that led to the mines; (4) on April 20, 1914, a day-long battle between strikers and the Colorado National Guard erupted at the Ludlow Tent Colony, which resulted in multiple deaths, including the deaths of 2 women and 11 children who were trapped in a shelter under a tent that was engulfed in flames when the colony was set on fire; (5) in response to the violence, President Woodrow Wilson dispatched the United States Army to the strike zone; (6) the United Mine Workers of America declared an end to the strike on December 10, 1914; (7) the events of April 20, 1914-- (A) were dubbed the ``Ludlow Massacre''; and (B) stirred national outrage, including protests by citizens and investigations by Congress and the U.S. Commission on Industrial Relations; (8) following the Ludlow Massacre, the Colorado Fuel and Iron Company, the largest coal producer in southern Colorado, undertook several actions, including-- (A) launching the first major public relations campaigns by a company in the history of the United States; and (B) creating a company union, which was outlawed in 1935 under the National Labor Relations Act (29 U.S.C. 191 et seq.); (9) the 1913-1914 Colorado coal strike and the Ludlow Massacre have been, and continue to be, the focus of historical and archaeological inquiries, including a book by the Honorable George McGovern and Herbert Guttridge entitled ``The Great Coalfield War''; (10) since the 1918 dedication of the Ludlow Massacre Memorial at the Ludlow Tent Colony Site, the United Mine Workers of America has-- (A) maintained the Ludlow Massacre Memorial; and (B) held an annual memorial service to honor the memory of the people who died in the strike; (11) the Ludlow Massacre Memorial continues to function as a site of memory, at which thousands of visitors from around the world record their reactions as well as personal and family stories of the 1913-1914 strike; and (12) the Ludlow Tent Colony Site has been listed on the National Register of Historic Places in recognition of-- (A) the national significance of the history of the site; (B) the importance of the site as a memorial site; and (C) the archaeological resources of the site. SEC. 3. DEFINITIONS. In this Act: (1) Landmark.--The term ``Landmark'' means the Ludlow Massacre National Historic Landmark designated by section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Colorado. SEC. 4. LUDLOW MASSACRE NATIONAL HISTORIC LANDMARK. (a) Designation.--The Ludlow Tent Colony Site in Las Animas County, Colorado, as listed on the National Register of Historic Places, is designated as the ``Ludlow Massacre National Historic Landmark''. (b) Administration.--Consistent with part 65 of title 36, Code of Federal Regulations (or successor regulations), designation of the Ludlow Tent Colony Site as a National Historic Landmark shall not prohibit any actions that may otherwise be taken by the owner of the Landmark with respect to the Landmark under Federal law (including regulations). (c) Cooperative Agreements.-- (1) In general.--The Secretary, in consultation with the State, may enter into cooperative agreements with appropriate public or private entities for the purposes of-- (A) protecting historic resources at the Landmark; and (B) providing educational and interpretive facilities and programs at the Landmark for the public. (2) Technical and financial assistance.--The Secretary may provide technical and financial assistance to any entity with which the Secretary has entered into a cooperative agreement under paragraph (1) to carry out the cooperative agreement. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Ludlow Massacre National Historic Landmark Act - Designates the Ludlow Tent Colony Site (a site where striking miners and their families lived during the 1913-1914 Colorado coal strike) in Las Animas County, Colorado, as the "Ludlow Massacre National Historic Landmark."

A bill to designate the Ludlow Massacre National Historic Landmark in the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Antibiotics for Human Treatment Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Several antibiotics and classes of antibiotics either are used in or are related to antibiotics used in humans to treat infectious diseases and are also routinely administered to healthy agricultural animals, generally via feed or water, in order to promote the animals' growth or to prevent disease. Such uses do not require a veterinarian's prescription. (2) Mounting scientific evidence shows that this nontherapeutic use of antibiotics in agricultural animals can lead to development of antibiotic-resistant bacteria that can be transferred to people, making it harder to treat certain infections. (3) In 1997 and in 2000, the World Health Organization recommended that antibiotics used to treat humans should not also be used to promote animal growth, although such antibiotics could still be used to treat ill animals. Most developed countries in the world, with the exception of the United States and Canada, restrict the use of antimicrobials in animal production systems for growth promotion. (4) In July 1998, the National Academy of Sciences, in a report prepared at the request of the United States Department of Agriculture and the Food and Drug Administration, concluded ``there is a link between the use of antibiotics in food animals, the development of bacterial resistance to these drugs, and human disease''. (5) In July 1999, the European Union banned the use for animal growth promotion of remaining human-use antibiotics still in use to promote animal growth. Prior to that action, individual European countries, including the United Kingdom, Denmark, Finland, and Sweden, had banned the use in animal feed of specific antibiotics. (6) In October 2000, the Food and Drug Administration issued a notice announcing its intention to withdraw approvals for use of fluoroquinolone antibiotics in poultry, in light of the fact that increased resistance to fluoroquinolones in certain bacteria followed approval of those antibiotics for such use in the mid-1990s. The Food and Drug Administration concluded that ``the use of fluoroquinolones in poultry is a significant cause of fluoroquinolone resistant infections in humans.'' One manufacturer of such drugs is contesting FDA's proposed withdrawal and continues to market its product. Previous proceedings by FDA to withdraw approval of animal drugs have taken substantial amounts of time following initiation of formal action by FDA, including 6 years in one instance and 20 in another. (7) In June 2001, the American Medical Association adopted a resolution opposing nontherapeutic use of antimicrobials in animal agriculture. Medical professional organizations that have taken a similar position include the American College of Preventive Medicine, the American Public Health Association, and the Council of State and Territorial Epidemiologists. (8) In October 2001, the New England Journal of Medicine published a guest editorial titled ``Antimicrobials in Animal Feed--Time to Stop''. The editorial urged a ban on nontherapeutic use in animals of medically important antibiotics. (9) The National Academy of Sciences has found that eliminating the use of antibiotics as feed additives would cost each American consumer not more than $5 to $10 per year. (10) In January 2001, a Federal interagency task force on antibiotic resistance concluded that ``drug-resistant pathogens are a growing menace to all people, regardless of age, gender, or socioeconomic background. If we do not act to address the problem . . . [d]rug choices for the treatment of common infections will become increasingly limited and expensive--and, in some cases, nonexistent.''. (11) Scientific studies published in major peer-reviewed research journals have shown that resistance traits can be transferred among unrelated species of bacteria, including from nonpathogens to pathogens. (12) Development of resistance to antibiotics could significantly impair the ability of the United States to respond effectively to a bioterrorist attack and is likely to increase the casualties that result from such an attack. SEC. 3. PRESERVING THE EFFECTIVENESS OF ANTIBIOTICS SUCH AS CIPRO. (a) Prohibiting the Use of Drugs Related to Cipro in Poultry.-- Section 512(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(a)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) such drug is not a member of the fluoroquinolone class of antimicrobial drugs, or if such drug is a member of the fluoroquinolone class of antimicrobial drugs, the Secretary shall have found, based on information submitted to the Secretary by the sponsor of such drug, that there exists a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the use in animal feed of such drug. ``Nothing in subparagraph (D) shall be construed to affect an approval under this subsection for a drug of the fluoroquinolone class of antimicrobial drugs that is used in or for cattle.''. (b) Definition.--Section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)) is amended-- (1) by striking ``(w) The term'' and inserting ``(w)(1) The term''; and (2) by adding at the end the following: ``(2) With respect to subparagraph (D) of section 512(a)(2) (and in provisions of this Act that refer to such subparagraph), the term `animal feed' shall include an article that is a fluid administered to animals other than man. Such term does not include fluids administered via hypodermic injection.''. SEC. 4. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS. (a) Nontherapeutic Use; Applications Pending on or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in subparagraph (H), by striking ``or'' at the end; (2) by redesignating subparagraph (I) as subparagraph (J); (3) by inserting after subparagraph (H) the following subparagraph: ``(I) with respect to a critical antimicrobial drug or a drug of the same chemical class as a critical antimicrobial drug, the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug; or''; and (4) in the matter after and below subparagraph (J) (as redesignated by paragraph (2)), by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (b) Phased Elimination of Nontherapeutic Use in Animals of Antibiotics Important for Human Health.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) With respect to the nontherapeutic use in an animal of-- ``(1) a drug that is a critical antimicrobial drug; or ``(2) a drug that is of the same chemical class as a critical antimicrobial drug; for which, as of the day before the date of enactment of this subsection, there was in effect an approval of an application filed pursuant to subsection (b), the Secretary shall withdraw such approval on the date that is 2 years after the date of enactment of this subsection unless the Secretary, based on information submitted to the Secretary by the sponsor of such drug, has determined prior to the date that is 2 years after such date of enactment that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of such drug. ``(r)(1) If the Secretary grants an exemption under section 505(i) or under section 351 of the Public Health Service Act (42 U.S.C. 262) to a drug that is an antibiotic drug, the Secretary shall rescind each approval of a nontherapeutic use in an animal of such drug or of a drug in the same chemical class as such drug upon the expiration of the 2- year period beginning on the date on which the Secretary grants the exemption, except as provided in paragraph (3). ``(2) If an application for an antibiotic drug is submitted to the Secretary under section 505(b) or under section 351 of the Public Health Service Act (42 U.S.C. 262), the Secretary shall rescind each approval of a nontherapeutic use in an animal of such drug or a drug in the same chemical class as such drug upon the expiration of the 2-year period beginning on the date on which the application is submitted to the Secretary, except as provided in paragraph (3). ``(3) Paragraph (1) or (2), as the case may be, applies unless, before the date on which approval would be rescinded under such paragraph, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use in an animal of such drug.''. (c) Definitions.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b), as amended by subsection (b), is further amended by adding at the end the following: ``(s) For purposes of this section, the term `nontherapeutic use', with respect to a critical antimicrobial drug, means any use of such drug in an animal in the absence of disease in such animal, including use for growth promotion, feed efficiency, or routine disease prevention. ``(t) For purposes of this section, the term `critical antimicrobial drug' means any drug that is-- ``(1) intended for use in animals other than humans that are-- ``(A) intended for use as, or to generate, food for humans; or ``(B) intended to breed or otherwise produce animals described in subparagraph (A); and ``(2)(A) composed wholly or partly of any kind of penicillin, tetracycline, bacitracin, macrolide, lincomycin, streptogramin, aminoglycoside, sulfonamide; or ``(B) any other drug or derivative thereof that is used in humans or intended for use in humans to inhibit or destroy micro-organisms.''. SEC. 5. ASSISTANCE TO DEFRAY FARMERS' EXPENSES IN PHASING OUT NONTHERAPEUTIC USE OF MEDICALLY IMPORTANT ANTIBIOTICS; PREFERENCE FOR FAMILY FARMS. (a) In General.--The Secretary of Agriculture may make payments to producers of livestock or poultry who the Secretary determines are substantially reducing, or have substantially reduced, the nontherapeutic use of critical antimicrobial drugs in livestock or poultry in order to defray the costs of such reduction. (b) Definition.--In this section the terms ``critical antimicrobial drug'' and ``nontherapeutic use'' have the meanings given such terms in section 512(s) of the Federal Food, Drug, and Cosmetic Act (as amended by this Act). (c) Priority for Family Farmers.--In awarding payments under subsection (a), the Secretary of Agriculture shall give priority to family-owned and family-operated farms or ranches. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2003 and for each subsequent fiscal year.

Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to deem unsafe animal feed containing a new animal drug which is a member of the fluoroquinolone class of antimicrobial drugs, unless the Secretary of Health and Human Services receives information from the drug's sponsor that there exists a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the use of such drug in animal feed.Requires the Secretary to withdraw or rescind approval of previously approved drugs that are either critical antimicrobial drugs or in the same chemical class as critical antimicrobial drugs, unless the Secretary receives information from the drug's sponsor that there exists a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the use of such drug in animal feed.Authorizes the Secretary of Agriculture to make payments to producers of livestock or poultry who have reduced or are substantially reducing the nontherapeutic use of critical antimicrobial drugs.

A bill to preserve the effectiveness of medically important antibiotics by restricting their use as additives to animal feed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Incentive Program Reauthorization Act of 2003''. SEC. 2. ADOPTION INCENTIVE PAYMENTS. (a) Reauthorization.-- (1) In general.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (A) in subsection (b)(5), by striking ``1998 through 2002'' and inserting ``2004 through 2008''; and (B) in subsection (h)-- (i) in paragraph (1), by striking ``Secretary'' and all that follows through the period and inserting ``Secretary, $43,000,000 for each of fiscal years 2004 through 2008.''; and (ii) in paragraph (2), by striking ``2003'' and inserting ``2008''. (2) Older child baseline.-- (A) Determinations of number of adoptions.--Section 473A(c)(2) of the Social Security Act (42 U.S.C. 673b(c)(2)) is amended to read as follows: ``(2) Determination of numbers of adoptions based on afcars data.--The Secretary shall determine the numbers of foster child adoptions and of older child adoptions in a State during each of fiscal years 2004 through 2008, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.''. (B) Adoption incentive payment.--Section 473A(d)(1)(B) of the Social Security Act (42 U.S.C. 673b(d)(1)(B)) is amended-- (i) by striking ``$2,000'' and inserting ``$6,000''; and (ii) by striking ``special needs'' each place it appears and inserting ``older child''. (C) Definitions.--Section 473A(g) of the Social Security Act (42 U.S.C. 673b(g)) is amended-- (i) by striking paragraph (2) and inserting the following: ``(2) Older child adoption.--The term `older child adoption' means the final adoption of a child who has attained age 9 and-- ``(A) at the time of adoptive placement, was in foster care under the supervision of the State; or ``(B) for whom an adoption assistance agreement is in effect under section 473.''; and (ii) by striking paragraph (4), and inserting the following: ``(4) Base number of older child adoptions.--The term `base number of older child adoptions for a State' means-- ``(A) with respect to fiscal year 2004, the number of older child adoptions in the State in fiscal year 2003; and ``(B) with respect to any subsequent fiscal year, the number of older child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 2003 and ends with the fiscal year preceding such fiscal year.''. (3) Conforming amendments.-- (A) Health insurance coverage for children with special needs.--Section 473A(b)(4) of the Social Security Act (42 U.S.C. 673b(b)(4)) is amended by striking ``fiscal years 2001 and 2002'' and inserting ``each of fiscal years 2004 through 2008''. (B) Data requirements.--Section 473A(c)(1) of the Social Security Act (42 U.S.C. 673b(c)(1)) is amended to read as follows: ``(1) In general.--A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2) for the fiscal year that precedes the fiscal year for which the State seeks a grant under this section.''. (C) Definition of base number of foster child adoptions.--Section 473A(g)(3) of the Social Security Act (42 U.S.C. 673b(g)(3)) is amended-- (i) by striking ``means'' and all that follows through ``any subsequent fiscal year,'' and inserting ``means, with respect to a fiscal year,''; and (ii) by striking ``such subsequent fiscal year'' and inserting ``such fiscal year''. (D) Technical assistance.--Section 473A(i)(4) of the Social Security Act (42 U.S.C. 673b(i)(4)) is amended by striking ``1998 through 2000'' and inserting ``2004 through 2008''. (b) Discretionary Cap Adjustment.-- (1) Section 251.--Section 251(b)(2)(G) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(G)) is amended-- (A) in the matter preceding clause (i), by striking ``1999, 2000, 2001, 2002, or 2003'' and inserting ``2004, 2005, 2006, 2007, or 2008''; and (B) in clause (i), by striking ``$20,000,000'' and inserting ``$43,000,000''. (2) Section 314.--Section 314(b)(6) of the Congressional Budget Act of 1974 (2 U.S.C. 645(b)(6)) is amended-- (A) by striking ``1999, 2000, 2001, 2002, or 2003'' and inserting ``2004, 2005, 2006, 2007, or 2008''; and (B) by striking ``$20,000,000'' and inserting ``$43,000,000''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2003.

Adoption Incentive Program Reauthorization Act of 2003 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to reauthorize adoption incentive payments and to revise requirements with respect to determination of numbers of adoptions of older children. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to increase the congressional discretionary spending limit with respect to adoption incentive payments.

A bill to amend part E of title IV of the Social Security Act to reauthorize adoption incentives payments under section 473A of that Act and to provide incentives for the adoption of older children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Service Disclosure Act of 2001''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) wireless telephone use in the United States has expanded dramatically in recent years; (2) numerous consumer complaints regarding wireless telephone service describe communities plagued by dead spots in such service, frequent premature termination of calls, and calls that do not go through because of overcrowding of the service frequencies; (3) no single Federal, State, or local agency is required by law to compile complaints regarding wireless telephone service; and (4) currently no measurement exists of acceptable wireless telephone service. SEC. 3. MONITORING OF COMPLAINTS REGARDING QUALITY OF COMMERCIAL MOBILE SERVICE. Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332) is amended by adding at the end the following new paragraph: ``(9) Quality of commercial mobile services.-- ``(A) Complaint system.--The Commission shall, by regulation, establish, and shall administer, a system that makes available a procedure for any subscriber of any commercial mobile service to register a complaint with the Commission regarding the quality or performance of such service regarding connection, reception, billing practices, and such other aspects of service as the Commission considers appropriate. ``(B) Toll-free number.--Such system shall include establishment of a toll-free number applicable to commercial mobile services for reporting a complaint. The Commission and any agency or entity to which the Commission has delegated authority under section 251(e) shall designate `#FCC' as such number and shall provide appropriate transition periods for areas in which such number is otherwise in use as of the date of the enactment of the Cell Phone Service Disclosure Act of 2001. ``(C) Records.--The Commission shall maintain a record of each complaint made under the system established pursuant to this paragraph. ``(D) Notice.--The Commission shall require each provider of commercial mobile service (or the billing agent for such provider) to include, in each subscriber's bill for such service, a statement informing the subscriber that a complaint regarding the quality or performance of the service may be registered with the Commission and providing the toll-free number under subparagraph (B) and an address for mailing a complaint. The Commission shall take such other actions as may be appropriate to publicize the availability of the complaint system to subscribers of commercial mobile services. ``(E) Reporting of complaints to congress.--Not less often than once every 6 months, the Commission shall submit a report to the Congress regarding complaints received under the complaint system required under this paragraph, which shall indicate, for each metropolitan statistical area and such other areas (not included within a metropolitan statistical area) as the Commission considers appropriate-- ``(i) the number of complaints received, during the period for which the report is made, regarding each provider of a commercial mobile service for which a complaint is made; and ``(ii) for each such provider, the number of each type of complaint received during such period, which shall include complaints regarding dead spots, dropped calls, network busy signals, and improper billing practices. Upon submission to the Congress of each report under this subparagraph, the Commission shall make such report publicly available by providing access to the report through a World Wide Web site of the Commission.''. SEC. 4. EFFECTIVE DATE AND REGULATIONS. (a) Effective Date.--The amendment made by section 3 shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act. (b) Regulations.--The Commission shall prescribe such regulations as may be necessary to carry out the amendment made by section 3. Such regulations shall be issued not later than, and shall take effect upon, the effective date under subsection (a).

Cell Phone Service Disclosure Act of 2001 - Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish and administer a system, including a toll-free telephone number, for registering complaints with regard to the quality or performance of commercial mobile telephone services; and (2) require each service provider to include in each subscriber's bill a statement informing the subscriber of such system.

To amend the Communications Act of 1934 to require the Federal Communications Commission to monitor complaints regarding the quality of wireless telephone service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Janey Ensminger Act''. SEC. 2. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH CONTAMINANTS IN THE WATER SUPPLY AT MARINE CORPS BASE CAMP LEJEUNE, NORTH CAROLINA. (a) In General.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumptions of service connection for illnesses associated with contaminants in the water supply at Camp Lejeune, North Carolina ``(a) Presumption.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. ``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to volatile organic compounds, including known human carcinogens and probable human carcinogens, known or presumed to be associated with service in the Armed Forces at Marine Corps Base Camp Lejeune, North Carolina, during a period determined by the Secretary in consultation with the Agency for Toxic Substances and Disease Registry; and ``(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty at Camp Lejeune, North Carolina, and by reason of such service was exposed to such compounds. ``(3) For purposes of this subsection, a veteran who served on active duty at Camp Lejeune, North Carolina, during the period referred to in paragraph (2)(A) and who has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the compound associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the compound by reason of such service. ``(b) Determinations Relating to Diseases.--(1) Whenever the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, on the basis of sound medical and scientific evidence, that a positive association exists between the exposure of humans to a volatile organic compound known or presumed to be present in the water supply at Camp Lejeune, North Carolina, and the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section. ``(2) In making determinations for the purpose of this subsection, the Secretary shall take into account all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(3) An association between the occurrence of a disease in humans and exposure to a volatile organic compound shall be considered to be positive for the purposes of this section if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(c) Removal of Diseases.--Whenever a disease is removed from regulations prescribed under this section-- ``(1) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumptions of service connection for illnesses associated with contaminants in the water supply at Camp Lejeune, North Carolina.''. SEC. 3. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR VETERANS STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, WHILE THE WATER WAS CONTAMINATED AT CAMP LEJEUNE. (a) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1786. Health care of family members of veterans stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune ``(a) In General.--A family member of a veteran described in section 1119(a)(3) of this title who resided at Camp Lejeune, North Carolina, during the period described in such section, or who was in utero during such period while the mother of such family member resided at such location, shall be eligible for hospital care, medical services, and nursing home care furnished by the Secretary for any covered condition, or any covered disability that is associated with a condition, that is associated with exposure to the contaminants in the water at Camp Lejeune during such period. ``(b) Covered Conditions and Disabilities.--In this section, covered conditions and disabilities are those conditions and disabilities described in section 1119(a)(2) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1785 the following new item: ``1786. Health care of family members of veterans stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune.''.

Janey Ensminger Act - Presumes a service connection, for veterans' benefits purposes, for any illness associated with contaminants in the water supply at Camp Lejeune, during a period in which the water there was contaminated by volatile organic compounds, including known and probable human carcinogens, notwithstanding evidence of such illness during such period. Makes family members who resided at such location during such period, or were in utero during such period while the mother resided at such location, eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any condition or disability associated with exposure to such contaminants.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a presumption of service connection for illnesses associated with contaminants in the water supply at Marine Corps Base Camp Lejeune, North Carolina, and to provide health care to family members of veterans who lived at Camp Lejeune while the water was contaminated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive TB Elimination Act of 2018''. SEC. 2. NATIONAL STRATEGY FOR COMBATING AND ELIMINATING TUBERCULOSIS. (a) In General.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) Grants.--The Secretary''; and (B) by adding at the end the following: ``(2) Priority.--In making grants under this subsection, the Secretary may give priority to awarding grants to State health departments proposing to focus on the prevention, control, and elimination of tuberculosis in high-risk populations, including foreign-born, homeless, incarcerated, HIV-tuberculosis coinfected, and medically underserved populations.''; (2) in subsection (b)-- (A) in paragraph (3)-- (i) in subparagraph (C), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; and (ii) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly; (C) in the matter preceding subparagraph (A), as so redesignated, by striking ``With respect to'' and inserting the following: ``(1) In general.--With respect to''; and (D) by striking subparagraph (B), as so redesignated, and inserting the following: ``(B) Research, investigations, experiments, demonstrations, and studies in the health sciences that are related to-- ``(i) the development of new therapeutics, including vaccines and antimicrobial drugs, to prevent and treat tuberculosis; ``(ii) novel therapeutics for special populations, including pediatric populations, immunosuppressed individuals, and pregnant women; ``(iii) the development or testing of medical diagnostics to detect tuberculosis; ``(iv) public health interventions to address the epidemiology, mechanisms, and pathogenesis of tuberculosis, such as directly observed therapy and non-pharmaceutical intervention; ``(v) methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis; and ``(vi) other relevant research areas.''; (E) in subparagraph (C), as so redesignated-- (i) by redesignating clause (vi), as so redesignated, as clause (vii); (ii) in clause (v), as so redesignated, by striking ``; and'' and inserting ``;''; and (iii) by inserting after clause (v), as so redesignated, the following: ``(vi) the intensification of efforts to prevent, detect, and treat latent tuberculosis; and''; (F) in subparagraph (D), as so redesignated, by inserting before the period the following: ``, including public awareness campaigns and development of educational, risk, and media communications.''; (G) in subparagraph (F), as so redesignated, by striking ``paragraphs (1) through (4)'' and inserting ``subparagraphs (A) through (D)''; and (H) by adding at the end the following: ``(2) Selection.--In carrying out the activities described in paragraph (1), the Secretary-- ``(A) is encouraged to give priority to programmatically relevant research so that new tools can be utilized in public health practice; and ``(B) may seek input from the Biomedical Advanced Research and Development Authority in identifying novel candidates to utilize in the efforts under this subsection to prevent, diagnose, and control tuberculosis.''; (3) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; (4) by inserting after subsection (b) the following-- ``(c) Grants for Coordination of Programs and Services for Prevention, Diagnosis, and Treatment.-- ``(1) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to State and local governments and Federally qualified health centers for coordinating the programs and services of such States, governments, and centers to ensure timely and appropriate prevention, risk-based screening, diagnosis, and treatment of latent and active tuberculosis. ``(2) Definition.--In this subsection, the term `Federally qualified health center' has the meaning given to such term in section 1861(aa) of the Social Security Act.''; (5) in subsections (d), (e), and (f), as so redesignated, by striking ``(a) or (b)'' each place it appears and inserting ``(a), (b), or (c)''; (6) in subsection (g)(4), as so redesignated, by adding at the end the following: ``(C) Report to congress.--The Secretary is encouraged to make the reports under subparagraph (A), or other publications relevant to domestic tuberculosis surveillance, publicly available on the Internet website of the Centers for Disease Control and Prevention and disseminate such information to stakeholders.''; (7) in subsection (h), as so redesignated-- (A) in paragraph (1)-- (i) by striking ``research into new tools under subsection (b)(2)'' and inserting ``the research, investigations, experiments, demonstrations, and studies in health science under subsection (b)(1)(B)''; and (ii) by inserting ``ensuring access to the products developed as a result of such research, investigations, experiments, demonstrations, and studies and'' after ``advice regarding''; and (B) in paragraph (3)-- (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (ii) by inserting after subparagraph (C) the following: ``(D) members of the Biomedical Advanced Research and Development Authority;''; and (8) in subsection (i)(1)(A), as so redesignated, by striking ``$200,000,000'' and all that follows through the period and inserting ``$142,200,000 for fiscal year 2018, $195,700,000 for fiscal year 2019, $225,000,000 for fiscal year 2020, $236,250,000 for fiscal year 2021, $248,062,500 for fiscal year 2022, and $260,465,625 for fiscal year 2023.''. (b) NIH Tuberculosis Activities.--Section 424C(b) of the Public Health Service Act (42 U.S.C. 285b-7c(b)) is amended by striking paragraph (1) and inserting the following: ``(1) enhancing basic, clinical, and operational research on tuberculosis, including with respect to-- ``(A) drug-resistant tuberculosis; ``(B) infection with tuberculosis and latency and progression of tuberculosis; and ``(C) pediatric tuberculosis;''. SEC. 3. GAO STUDY. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report on the coordination of efforts in the United States to-- (1) prevent, control, and eliminate tuberculosis; and (2) implement the activities under section 317E of the Public Health Service Act (42 U.S.C. 247b-6), as amended by this Act, and the National Action Plan for Combating Multidrug- Resistant Tuberculosis, issued in December 2015.

Comprehensive TB Elimination Act of 2018 This bill amends the Public Health Service Act to reauthorize for FY2018-FY2023 and revise the tuberculosis (TB) prevention and treatment grant program administered by the Centers for Disease Control and Prevention. The Health Resources and Services Administration may also award grants to state and local governments and federally-qualified health centers for TB prevention and treatment efforts. Additionally, the Government Accountability Office must report on national TB prevention and treatment efforts.

Comprehensive TB Elimination Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Safety Program Extension Act of 2003''. SEC. 2. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM. (a) Administrative Expenses.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation for administration of motor carrier safety programs, motor carrier safety research, and border enforcement activities, including the border enforcement program authorized under section 350 of the Department of Transportation and Related Agencies Appropriations Act, 2002, $119,125,000 for the period beginning on October 1, 2003, and ending on February 29, 2004, to carry out the functions and operations of the Federal Motor Carrier Safety Administration of which $19,583,000 shall be available for the construction of State border safety inspection facilities at the border between the United States and Mexico and at the border between the United States and Canada and of which $4,583,000 shall be used for regulatory development. (b) Motor Carrier Safety Account.--Funds made available under subsection (a) shall be administered in the account established in the Treasury entitled ``Motor Carrier Safety 69-8055-0-7-401''. (c) Maintenance of Expenditures.--The Secretary of Transportation may make a grant under section 31107 of title 49, United States Code, to a State from funds made available under subsection (a) only if the State agrees that the total expenditure of amounts of the State and political subdivisions of the State, exclusive of United States Government amounts, will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years before October 1, 2003. (d) Contract Authority.--Funds made available under subsection (a) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. SEC. 3. EXTENSION OF MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. (a) Motor Carrier Safety Assistance Program.--Section 31104(a) of title 49, United States Code, is amended by adding at the end the following: ``(7) Not more than $77,125,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (b) Information Systems.--Section 31107(a) of title 49, United States Code, is amended-- (1) by striking ``and'' after the semicolon in paragraph (2); (2) by striking ``2002.'' in paragraph (3) and inserting ``2002;''; (3) by striking ``2003.'' in paragraph (4) and inserting ``2003; and''; and (4) by adding at the end the following: ``(5) $8,333,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (c) Maintenance of Expenditures.--The Secretary of Transportation may make a grant to a State from funds made available under section 31104(a)(7) of title 49, United States Code, only if the State agrees that the total expenditure of amounts of the State and political subdivisions of the State, exclusive of United States Government amounts, will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years before October 1, 2003. SEC. 4. EXTENSION OF HIGHWAY SAFETY PROGRAMS. (a) Chapter 4 Highway Safety Programs.--Section 2009(a)(1) of the Transportation Equity Act of the 21st Century (112 Stat. 337) is amended-- (1) by striking ``and''; and (2) by striking ``2003.'' and inserting ``2003, and $68,640,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (b) Highway Safety Research and Development.--Section 2009(a)(2) of that Act (112 Stat. 337) is amended by striking ``2003.'' and inserting ``2003, and $29,952,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (c) Occupant Protection Incentive Grants.--Section 2009(a)(3) of that Act (112 Stat. 337) is amended-- (1) by striking ``and''; and (2) by striking ``2003.'' and inserting ``2003, and $8,320,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (d) Incentive Grants for Alcohol-Impaired Driving Counter- Measures.-- (1) Extension of program.--Section 410 of title 23, United States Code, is amended-- (A) by striking ``6'' in subsection (a)(3) and inserting ``7''; and (B) by striking ``fifth and sixth'' in subsection (a)(4)(C) and inserting ``fifth, sixth, and seventh''. (2) Authorization of appropriations.--Section 2009(a)(4) of the Transportation Equity Act of the 21st Century (112 Stat. 337) is amended-- (A) by striking ``and'' the last place it appears; and (B) by striking ``2003.'' and inserting ``2003, and $16,640,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (e) National Driver Register.--Section 2009(a)(6) of that Act (112 Stat. 338) is amended by striking ``2003.'' and inserting ``2003, and $1,498,000 for the period beginning on October 1, 2003, and ending on February 29, 2004.''. (f) Allocations.--Section 2009(b) of that Act (112 Stat. 338) is amended by striking ``2003,'' each place it appears and inserting ``2004,''. (g) Applicability of Title 23.--Section 2009(c) of that Act (112 Stat. 338) is amended by striking ``2003'' and inserting ``2004''. SEC. 5. EXTENSION OF SPORT FISHING AND BOATING SAFETY PROGRAM. Section 13106 of title 46, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Boating Safety Funds.-- ``(1) In general.--Of the amount transferred to the Secretary of Homeland Security under paragraph (4) of section 4(b) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)), $2,083,333 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which $833,333 shall be available to the Secretary only to ensure compliance with chapter 43 of this title. ``(2) Use of funds.--No funds available to the Secretary of Homeland Security under this subsection may be used-- ``(A) to replace funding traditionally provided through general appropriations; or ``(B) for any purposes except a purpose authorized by this section. ``(3) Availability of funds.--Amounts made available by this subsection shall remain available until expended. ``(4) Accounting.--The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.''.

Transportation Safety Program Extension Act of 2003 - Makes specified Highway Trust Fund amounts available for the period of October 1, 2003, until February 29, 2004, for the Secretary of Transportation for administration of motor carrier safety programs, motor carrier safety research, and border enforcement activities. Provides funding for such period for: (1) the motor carrier safety assistance program (including for information systems); and (2) highway safety programs (including for highway safety research and development, occupant protection incentive grants, incentive grants for alcohol-impaired driving countermeasures, and the National Driver Register). Conditions the making of commercial motor vehicle and motor carrer safety grants to States from such amounts on a State's agreement that total State and local expenditures, exclusive of U.S. Government amounts, will be maintained at a level at least equal to the average level of those expenditures for the last two fiscal years before October 1, 2003. Makes specified funds available for Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. Prohibits the use of such funds available to the Secretary of Homeland Security for unauthorized purposes or to replace funding traditionally provided through general appropriations. Requires the Secretary to publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded.

A bill to provide a 5-month extension of highway safety programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Airport and Airway Trust Fund Tax Reinstatement Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REINSTATEMENT OF AIRPORT AND AIRWAY TRUST FUND EXCISE TAXES. (a) Fuel Taxes.-- (1) Aviation fuel.--Subparagraph (A) of section 4091(b)(3) is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be 4.3 cents per gallon-- ``(i) after December 31, 1996, and before the date which is 7 days after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and ``(ii) after September 30, 1997.'' (2) Aviation gasoline.--Subsection (d) of section 4081 is amended by striking the paragraph (3) added by section 1609(a) of the Small Business Job Protection Act of 1996 and by striking paragraphs (1) and (2) and inserting the following new paragraphs: ``(1) In general.--The rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) shall be 4.3 cents per gallon after September 30, 1999. ``(2) Aviation gasoline.--The rate of tax specified in subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon-- ``(A) after December 31, 1996, and before the date which is 7 days after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and ``(B) after September 30, 1997.'' (3) Noncommercial aviation.--Paragraph (3) of section 4041(c) is amended to read as follows: ``(3) Termination.--The rate of the taxes imposed by paragraph (1) shall be 4.3 cents per gallon-- ``(A) after December 31, 1996, and before the date which is 7 days after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and ``(B) after September 30, 1997.'' (b) Ticket Taxes.-- (1) Persons.--Subsection (g) of section 4261 is amended to read as follows: ``(g) Application of Taxes.-- ``(1) In general.--The taxes imposed by this section shall apply to-- ``(A) transportation beginning during the period-- ``(i) beginning on the 7th day after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and ``(ii) ending on September 30, 1997, and ``(B) amounts paid during such period for transportation beginning after such period. ``(2) Refunds.--If, as of the date any transportation begins, the taxes imposed by this section would not have applied to such transportation if paid for on such date, any tax paid under paragraph (1)(B) with respect to such transportation shall be treated as an overpayment.'' (2) Property.--Subsection (d) of section 4271 is amended to read as follows: ``(d) Application of Tax.-- ``(1) In general.--The tax imposed by subsection (a) shall apply to-- ``(A) transportation beginning during the period-- ``(i) beginning on the 7th day after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and ``(ii) ending on September 30, 1997, and ``(B) amounts paid during such period for transportation beginning after such period. ``(2) Refunds.--If, as of the date any transportation begins, the taxes imposed by this section would not have applied to such transportation if paid for on such date, any tax paid under paragraph (1)(B) with respect to such transportation shall be treated as an overpayment.'' (c) Transfers to Airport and Airway Trust Fund.-- (1) In general.--Subsection (b) of section 9502 is amended to read as follows: ``(b) Transfers to Airport and Airway Trust Fund.--There are hereby appropriated to the Airport and Airway Trust Fund amounts equivalent to-- ``(1) the taxes received in the Treasury under-- ``(A) subsections (c) and (e) of section 4041 (relating to aviation fuels), ``(B) sections 4261 and 4271 (relating to transportation by air), ``(C) section 4081 (relating to gasoline) with respect to aviation gasoline (to the extent that the rate of the tax on such gasoline exceeds 4.3 cents per gallon), and ``(D) section 4091 (relating to aviation fuel) to the extent attributable to the Airport and Airway Trust Fund financing rate, and ``(2) the amounts determined by the Secretary of the Treasury to be equivalent to the amounts of civil penalties collected under section 47107(n) of title 49, United States Code.'' (2) Termination of financing rate.--Paragraph (3) of section 9502(f) is amended to read as follows: ``(3) Termination.--Notwithstanding the preceding provisions of this subsection, the Airport and Airway Trust Fund financing rate shall be zero with respect to taxes imposed during any period that the rate of the tax imposed by section 4091(b)(1) is 4.3 cents per gallon.'' (d) Floor Stocks Taxes on Aviation Gasoline and Aviation Fuel.-- (1) Imposition of tax.--In the case of any aviation liquid on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before the tax effective date and which is held on such date by any person, there is hereby imposed a floor stocks tax of-- (A) 15 cents per gallon in the case of aviation gasoline, and (B) 17.5 cents per gallon in the case of aviation fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding, on the tax effective date, any aviation liquid to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the first day of the 5th month beginning after the tax effective date. (3) Definitions.--For purposes of this subsection-- (A) Tax effective date.--The term ``tax effective date'' means the date which is 7 days after the date of the enactment of this Act. (B) Aviation liquid.--The term ``aviation liquid'' means aviation gasoline and aviation fuel. (C) Aviation gasoline.--The term ``aviation gasoline'' has the meaning given such term in section 4081 of such Code. (D) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (E) Held by a person.--Aviation liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (F) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to-- (A) aviation liquid held by any person on the tax effective date exclusively for any use for which a credit or refund of the entire tax imposed by section 4081 or 4091 of such Code (as the case may be) is allowable for such liquid purchased on or after such tax effective date for such use, or (B) aviation fuel held by any person on the tax effective date exclusively for any use described in section 4092(b) of such Code. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any aviation liquid held on the tax effective date by any person if the aggregate amount of such liquid (determined separately for aviation gasoline and aviation fuel) held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--Any liquid to which the tax imposed by paragraph (1) does not apply by reason of paragraph (4) shall not be taken into account under subparagraph (A). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given such term by subsection (a) of section 1563 of such Code; except that for such purposes, the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 or 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081 or 4091, as the case may be. (e) Effective Dates.-- (1) Fuel taxes.--The amendments made by subsection (a) shall apply to periods beginning on or after the 7th day after the date of the enactment of this Act. (2) Ticket taxes.-- (A) In general.--The amendments made by subsection (b) shall apply to transportation beginning on or after such 7th day. (B) Exception for certain payments.--Except as provided in subparagraph (C), the amendments made by subsection (b) shall not apply to any amount paid before such 7th day. (C) Payments of property transportation tax within controlled group.--In the case of the tax imposed by section 4271 of the Internal Revenue Code of 1986, subparagraph (B) shall not apply to any amount paid by 1 member of a controlled group for transportation furnished by another member of such group. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as members of a controlled group. (f) Application of Look-Back Safe Harbor for Deposits.--Nothing in the look-back safe harbor prescribed in Treasury Regulation section 40.6302(c)-1(c)(2) shall be construed to permit such safe harbor to be used with respect to any tax unless such tax was imposed throughout the look-back period.

Airport and Airway Trust Fund Tax Reinstatement Act of 1997 - Amends the Internal Revenue Code to restore the Airport and Airway Trust Fund excise taxes. Extends authority to transfer revenue to such Fund.

Airport and Airway Trust Fund Tax Reinstatement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rights for Transportation Security Officers Act of 2016''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On September 11, 2001, nineteen terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer four airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (ATSA), enacted by President George W. Bush on November 19, 2001 (Public Law 107- 71), to enhance the level of security screening throughout our aviation system and transfer responsibility for such screening from the private sector to a new Federal agency, the Transportation Security Administration (TSA). (3) By establishing TSA, Congress and the American public recognized that the highest level of screener performance was directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed screening workforce. (4) The Aviation and Transportation Security Act included a statutory footnote allowing the TSA Administrator to ``employ, appoint, discipline, terminate, and fix the compensation'', including the ``terms, and conditions of employment of Federal Service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code''. (5) TSA has interpreted the ATSA footnote as applying to the majority of the Transportation Security Officer workforce performing screening functions, while all other Transportation Security Administration employees, including managers, are subject to title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush Administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, then-TSA Administrator John Pistole issued a binding determination stating in part ``it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security''. (8) The February 4, 2011, determination was superseded by a second Determination issued on December 29, 2014, changing the previous guideline for collective bargaining and resulting in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) Both the 2011 and 2014 determinations cited TSA's authority under section 44935 note of title 59, United States Code, to create a personnel system that denies the Transportation Security Officer workforce the same title 5 rights as other Federal workers, including the right to appeal adverse personnel decisions to the Merit Systems Protection Board, fair pay under the General Services wage system, 2011, fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave, application of the Fair Labor Standards Act of 1938, fair performance appraisals under chapter 73 of title 5, United States Code, and direct protections against employment discrimination found in title 7, United States Code. (b) Sense of Congress.--It is the sense of Congress that the personnel system utilized by the Transportation Security Administration pursuant to the authority of section 44935 note of title 49, United States Code, provides insufficient workplace protections for the Transportation Security Officer workforce, the frontline personnel who secure our Nation's aviation system and that such personnel should be provided protections under title 5, United States Code. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``covered position'' means-- (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107-71), as determined by the Secretary; (2) the term ``covered employee'' means an employee who holds a covered position; (3) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code; (4) the term ``Secretary'' means the Secretary of Homeland Security; (5) the term ``Administrator'' means the official within the Department of Homeland Security who is responsible for overseeing and implementing transportation security pursuant to the Aviation and Transportation Security Act, whether designated as the Assistant Secretary of Homeland Security (Transportation Security Administration), the Administrator of the Transportation Security Administration, the Undersecretary of Transportation for Security, or otherwise; (6) the term ``TSA personnel management system'' means any personnel management system, as established or modified under-- (A) section 111(d) of the Aviation and Transportation Security Act; or (B) section 114(n) of title 49, United States Code; (7) the term ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code; and (8) the term ``conversion date'' means the date as of which paragraphs (1) through (3) of section 3(b) take effect. SEC. 4. CONVERSION OF SCREENING PERSONNEL. (a) Termination of Certain Personnel Authorities.--Effective as of the date of the enactment of this Act-- (1) each provision of law cited in section 2(6) is repealed, and any authority to establish or modify a TSA personnel management system under either such provision of law shall terminate; (2) all authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions; and (3) section 44935 note of title 49, United States Code, is repealed. (b) Covered Employees and Positions Made Subject to Same Personnel Management System as Applies to Civil Service Employees Generally.-- Effective as of the date determined by the Secretary, but in no event later than 60 days after the date of the enactment of this Act-- (1) all TSA personnel management personnel policies, directives, letters, and guidelines including the Determinations of February 2011 and December 2014 shall cease to be effective; (2) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, to the extent otherwise applicable with respect to covered employees or covered positions, shall cease to be effective; and (3) covered employees and covered positions shall become subject to the provisions of title 49, United States Code. SEC. 5. TRANSITION RULES. (a) Nonreduction in Rate of Pay.--Any conversion of an employee from a TSA personnel management system to the provisions of law made applicable with respect to such employee by section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of Other Rights.--In the case of each individual who is a covered employee as of the conversion date, the Secretary shall take any actions which may be necessary to ensure that-- (1) all service performed by such individual as a covered employee before the conversion date shall be credited in the determination of such individual's length of service as an employee for purposes of applying the provisions of law governing leave, pay, group life and health insurance, severance pay, tenure, and status, which are made applicable with respect to such individual by section 4(b)(3); (2) all annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee, until used, so long as such individual remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance shall remain the same as was the case immediately before the conversion date, so long as such individual remains continuously employed by the Department of Homeland Security. SEC. 6. CONSULTATION REQUIREMENT. (a) Exclusive Representative.--The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section 44901 of title 49, United States Code, as that term is used in section 111(d) of the Aviation and Transportation Security Act and shall be the exclusive representative for the employees under chapter 71 of title 5, United States Code, with full rights under such chapter 71. (b) Consultation Rights.--Within 14 days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for employees under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act. The Secretary shall provide in writing to the exclusive representative the final plans in accordance with which the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as-- (1) the proposed conversion date; and (2) measures to ensure compliance with section 5. (c) Required Agency Response.--If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset Provision.--The provisions of this section shall cease to be effective as of the conversion date. SEC. 7. NO RIGHT TO STRIKE. Nothing in this Act shall be considered-- (1) to repeal or otherwise affect-- (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). SEC. 8. REGULATIONS. The Secretary may prescribe any regulations necessary to carry out this Act. SEC. 9. DELEGATIONS TO ADMINSTRATOR. The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Rights for Transportation Security Officers Act of 2016 This bill repeals: (1) provisions authorizing the Department of Homeland Security (DHS) to establish a human resources management system for some or all of its organizational units, and (2) the authority granted to the Transportation Security Administration (TSA) to establish or modify a personnel management system for TSA employees engaged in airport security screening. Within 60 days after the enactment date of this bill: (1) any such human resources management system and all TSA personnel management policies, directives, letters, and guidelines shall cease to be effective, and (2) all TSA positions and DHS positions that provide transportation security in furtherance of the purposes of the Aviation and Transportation Security Act shall become subject to general civil service provisions. This bill sets forth transition rules that protect the pay rates and other rights of such employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.

Rights for Transportation Security Officers Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Business Choices in Iran Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Islamic Republic of Iran is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and a member of the International Atomic Energy Agency (IAEA). (2) Since 1987, successive United States administrations have issued executive orders to ban imports of Iranian-origin goods and services, participation of United States persons or entities in the development of Iran's energy sector and investment by and in Iranian banks in order to address the unusual and extraordinary threat to the national security, foreign policy and economy of the United States posed by an Iranian nuclear weapons program. (3) On August 5, 1996, the Iran and Libya Sanctions Act was signed into law. In 2006, the title of this law was changed to the Iran Sanctions Act (ISA). The ISA notes that ``the efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives,'' and therefore requires the President to sanction United States and foreign companies if the President determines that such companies have invested in Iran's petroleum or natural gas sectors. (4) On March 14, 2000, the Iran Nonproliferation Act was signed into law, ``to provide for the application of measures to foreign persons who transfer to Iran certain goods, services, or technology, and for other purposes.''. (5) On September 30, 2006, the Iran Freedom Support Act (IFSA) was signed into law ``to hold the current regime in Iran accountable for its threatening behavior'' and recommended that the President initiate investigations upon the receipt of credible information that a United States or foreign person is investing in Iran's petroleum or natural gas sector in violation of the ISA. The IFSA extended the ISA until December 31, 2011. (6) In response to its ``serious concern'' over Iran's nuclear program, the United Nations Security Council (UNSC) has passed several resolutions calling on Iran to halt its uranium enrichment and reprocessing activities and instituting rounds of sanctions on Iran, taking all necessary measures to prevent the supply of certain goods or technologies that could contribute to Iran's uranium enrichment, reprocessing, or heavy water-related activities, or to the development of a nuclear weapon. (7) Iran is in violation of these UNSC resolutions. (8) Effective November 10, 2008, the Department of the Treasury's Office of Foreign Assets Control (OFAC) revoked authorization for ``U-turn'' transfers involving Iran. As of that date, United States depository institutions are no longer authorized to process transfers involving Iran that originate and end with non-Iranian foreign banks. (9) According to a June 5, 2009, IAEA report, Iran ``has not suspended its enrichment related activities or its work on heavy water related projects as required by the Security Council,'' nor has Iran ``cooperated with the [IAEA] in connection with the remaining issues which give rise to concerns and which need to be clarified to exclude the possibility of military dimensions to Iran's nuclear programme.''. (10) On September 25, 2009, President Obama, British Prime Minister Brown, and French President Sarkozy revealed that Iran has been covertly enriching uranium in Qom, Iran. (11) Iran had concealed the existence and purpose of the Qom facility, and had not disclosed the Qom enrichment facility to the IAEA until September 21, 2009. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the illicit nuclear activities of the Government of Iran--combined with its development of unconventional weapons and ballistic missiles, and support for international terrorism--represent a serious threat to the security of the United States and United States allies in Europe, the Middle East, and around the world; (2) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency and the United Nations Security Council (UNSC) to end Iran's illicit nuclear activities; (3) the United Nations Security Council should take further measures beyond UNSC Resolutions 1737, 1747, 1803, and 1835 to tighten sanctions on Iran, including preventing new investment in Iran's energy sector, as long as Iran fails to comply with the international community's demand to halt its nuclear enrichment campaign; (4) the United States should take all possible measures to discourage and, if possible, prevent foreign banks from providing export credits to foreign entities seeking to invest in the Iranian energy sector; (5) the United States should encourage foreign governments to direct state-owned entities to cease all investment in Iran's energy sector and all exports of refined petroleum products to Iran and to persuade, and, where possible, require private entities based in their territories to cease all investment in Iran's energy sector and all exports of refined petroleum products to Iran; (6) moderate Arab countries have a vital and perhaps existential interest in preventing Iran from acquiring nuclear arms, and therefore such countries, particularly countries with large oil deposits, should use their economic leverage to dissuade other countries, including the Russian Federation and the People's Republic of China, from assisting Iran's nuclear program directly or indirectly and to persuade other countries, including Russia and China, to be more forthcoming in supporting UNSC efforts to halt Iran's nuclear program; (7) with Iran's economy weakened, effective economic measures to isolate the regime may make the difference between a diplomatic resolution and a nuclear standoff; (8) to make a diplomatic solution possible, international firms doing business in Iran should not continue to provide the last crutch of support to the Iranian economy; and (9) this Act seeks to prohibit those entities that do business with the United States from doing business with Iran. SEC. 4. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS. (a) Certification Requirement.--The head of each executive agency shall ensure that each contract with a company entered into by such executive agency for the procurement of goods or services or agreement for the use of Federal funds as part of a grant, loan, or loan guarantee to a company, includes a clause that requires the company to certify to the contracting officer that the company does not conduct business operations in Iran described in section 7. (b) Remedies.-- (1) In general.--The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is revised pursuant to subsection (e) to implement the requirements of this section. (2) Termination.--The head of an executive agency may terminate a covered contract with a company upon the determination of a false certification under paragraph (1). (3) Suspension and debarment.--The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the determination of a false certification under paragraph (1). The debarment period may not exceed 3 years. (4) Inclusion on list of parties excluded from federal procurement and nonprocurement programs.--The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (5) Rule of construction.--This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). (c) Waiver.-- (1) In general.--The President may waive the requirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Implementation Through the Federal Acquisition Regulation.--Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to provide for the implementation of the requirements of this section. (e) Report.--Not later than one year after the date the Federal Acquisition Regulation is revised pursuant to subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appropriate congressional committees a report on the actions taken under this section. SEC. 5. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO PROHIBIT CONTRACTS. Notwithstanding any other provision of law, a State or local government may adopt and enforce measures to prohibit the State or local government, as the case may be, from entering into or renewing a contract for the procurement of goods or services with persons that are included pursuant to section 4(b)(4) on the most recently published list referred to in that section. SEC. 6. SUNSET. This Act shall terminate 30 days after the date on which-- (1) the President has certified to Congress that the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (2) Iran has permanently ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles. SEC. 7. DEFINITIONS. In this Act: (1) Company.--The term ``company'' means-- (A) a sole proprietorship, organization, association, corporation, partnership, limited liability company, venture, or other entity, its subsidiary or affiliate; and (B) includes a company owned or controlled, either directly or indirectly, by the government of a foreign country, that is established or organized under the laws of, or has its principal place of business in, such foreign country and includes United States subsidiaries of the same. (2) Affiliate.--The term ``affiliate'' means any individual or entity that directly or indirectly controls, is controlled by, or is under common control with, the company, including without limitation direct and indirect subsidiaries of the company. (3) Entity.--The term ``entity'' means a sole proprietorship, a partnership, limited liability corporation, association, trust, joint venture, corporation, or other organization. (4) Federal funds.--The term ``Federal funds'' means a sum of money or other resources derived from United States taxpayers, which the United States Government may provide to companies through government grants or loans, or through the terms of a contract with the Federal Government, or through the Emergency Economic Stabilization Act of 2008 ``Troubled Asset Relief Program'' or other similar and related transaction vehicles. (5) Business operations.--Business operations described in this Act are business operations that-- (A) provide Iran with refined petroleum resources; (B) sell, lease, or provide to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; (C) engage in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources, including providing ships or shipping services to deliver refined petroleum resources to Iran, underwriting or otherwise providing insurance or reinsurance for such activity, or financing or brokering such activity; (D) invest $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12- month period), that directly and significantly contributes to the enhancement of Iran's ability to develop petroleum resources of Iran; and (E) provides sensitive technology to the Government of Iran. (6) Government of iran.--The term ``Government of Iran'' includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran. (7) Petroleum resources.-- (A) In general.--The term ``petroleum resources'' includes petroleum, petroleum by-products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas. (B) Petroleum by-products.--The term ``petroleum by-products'' means gasoline, kerosene, distillates, propane or butane gas, diesel fuel, residual fuel oil, and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States. (8) Sensitive technology.--The term ``sensitive technology'' means hardware, software, telecommunications equipment, or any other technology that the President determines may be used by the Government of Iran-- (A) to restrict the free flow of unbiased information in Iran; or (B) to disrupt, monitor, or otherwise restrict speech by the people of Iran. (9) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (10) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

Accountability for Business Choices in Iran Act - Expresses the sense of Congress that: (1) Iran's illicit nuclear activities as well as development of unconventional weapons and ballistic missiles and support for international terrorism represent a serious threat to the security of the United States and its allies; (2) the United States should continue supporting diplomatic efforts in the International Atomic Energy Agency (IAEA) and the United Nations Security Council (UNSC) to end Iran's illicit nuclear activities; (3) the UNSC should take further measures beyond specified existing UNSC resolutions to tighten sanctions on Iran, including preventing new investment in Iran's energy sector as long as it fails to comply with international demands to halt its nuclear enrichment; and (4) the United States should discourage foreign banks and entities from investing in Iran's energy sector as well as seek to prohibit entities doing business with the United States from doing business with Iran. Requires the head of each federal agency to ensure that each contract with a company for the procurement of goods and services contains a requirement for the company to certify that it is not conducting business operations in Iran. Defines "business operations" as operations that: (1) provide Iran with refined petroleum resources or technology that could enhance its ability to import or expand its domestic production of such resources; (2) invest $20 million or more in aIran's ability to develop petroleum resources; and (3) provide sensitive technology to Iran. Authorizes a state or local government to adopt measures to prohibit them from entering into or renewing a contract for the procurement of goods or services with persons included on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. Terminates this Act 30 days after: (1) the President certifies to Congress that Iran has ceased support for acts of international terrorism and is no longer considered a state-sponsor of terrorism; and (2) Iran has permanently ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles.

To ensure that companies operating in the United States that receive United States Government funds are not conducting business in Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature Empowerment through Access to Resources (CLEAR) Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) an informed electorate is the most precious asset of any democracy; (2) it is often burdensome, difficult, and time-consuming for citizens to obtain timely access to records of the Congress; (3) it is also challenging for Members and committees of Congress to provide timely access to current records of Congress through websites maintained by Congress; (4) congressional documents which are placed in the Congressional Record are made available to the public electronically by the Superintendent of Documents under the direction of the Public Printer; (5) other congressional documents are also made available electronically on websites maintained by Members and committees of Congress; (6) a wide range of records of Congress remain inaccessible to the public; (7) the public should have easy and timely access, including electronic access, to records of the Congress; and (8) Congress should use new technologies to enhance public access to records and other important information of the Congress. (b) Purposes.--The purposes of this Act are-- (1) to foster democracy by ensuring public access to records of Congress; (2) to improve public access to records of Congress; (3) to enhance the electronic public access, including access through the Internet, to records of Congress; and (4) to further enhance the education of citizens and encourage their participation in the government of their country. SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION. (a) Availability of Information.-- (1) In general.--The Director of the Congressional Research Service shall make available through a centralized electronic database, for the purpose of Members and committees providing access and retrieval by the public as described in section 4, all information described in paragraph (2) which is available through the Congressional Research Service website. (2) Information to be made available.--The information to be made available under paragraph (1) is as follows: (A) Congressional Research Service Issue Briefs. (B) Congressional Research Service Reports which are available to Members of Congress through the Congressional Research Service website. (C) Congressional Research Service Authorization of Appropriations Products and Appropriations Products. (3) Rule of construction.--Nothing in this subsection shall be construed to require the Director to make available under this subsection any document or other information which is prepared by the Congressional Research Service solely in response to a research request of an individual, office, or committee for the exclusive use of such individual, office, or committee. (b) Limitations.-- (1) Confidential information.--Subsection (a) does not apply to any information which is confidential, as determined by-- (A) the Director; or (B) the head of the Federal department or agency which provided the information to the Congressional Research Service. (2) Redaction and revision.--In carrying out this section, the Director of the Congressional Research Service may-- (A) remove from the information required to be made available under subsection (a) the name and phone number of, and any other information regarding, an employee of the Congressional Research Service; (B) remove from the information required to be made available under subsection (a) any material for which the Director determines that making it available under subsection (a) may infringe the copyright of a work protected under title 17, United States Code; and (C) make any changes in the information required to be made available under subsection (a) that the Director determines necessary to ensure that the information is accurate and current. (c) Time.--The Director of the Congressional Research Service shall make available all information required under this section in a timely and prompt manner. (d) Manner.--The Director of the Congressional Research Service shall make information required to be made available under this section in a manner which-- (1) is practical and reasonable; and (2) does not permit the submission of comments from the public. SEC. 4. METHOD OF ACCESS. (a) In General.--Public access to information made available under this Act shall be provided through the websites maintained by Members and committees of the House of Representatives and the Senate. The Director of the Congressional Research Service shall work with the Chief Administrative Officer of the House of Representatives and the Sergeant at Arms of the Senate to carry out this subsection. (b) Editorial Responsibility for CRS Reports Online.--The Director of the Congressional Research Service is responsible for maintaining and updating the information made available on the Internet under section 3, and shall have sole discretion to edit that information under this Act. (c) Further Approval Not Required.--Notwithstanding any other provision of law, the Director of the Congressional Research Service shall make available the information required to be made available under section 3 to Members and committees of Congress for the purposes described in this Act without the prior approval of the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, or the Joint Committee on Printing. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act may be construed-- (1) to modify the role of the Congressional Research Service as an institution whose mission is to provide service to Congress and not to persons outside of Congress; or (2) to infringe on the constitutional protections provided for the work product of the Congressional Research Service which enable the Service to fulfill its mission of serving Congress. SEC. 6. SENSE OF CONGRESS REGARDING COMMITTEE MATERIALS. It is the sense of Congress that each standing and special committee of the House of Representatives and Senate and each joint committee of Congress, in accordance with such rules as the committee may adopt, should provide access to the public through the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings which are open to the public.

Expresses the sense of Congress that each standing and special committee of the House of Representatives and Senate, and each joint committee of Congress, should provide access to the public through the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings which are open to the public.

Citizen Legislature Empowerment through Access to Resources (CLEAR) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Donelson National Battlefield Expansion Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Battlefield.--The term ``Battlefield'' means the Fort Donelson National Battlefield. (2) Eligible land.--The term ``eligible land'' means any land, interest in land, or improvement to land that is located-- (A) within the boundaries of the Battlefield; or (B) outside the boundaries of the Battlefield if-- (i) the American Battlefield Protection Program identifies the land, interest in land, or improvement to land as part of the battlefield associated with Fort Donelson; or (ii) the Secretary determines that acquisition of the land, interest in land, or improvement to land would protect critical resources associated with-- (I) the Battle of Fort Donelson in February 1862; or (II) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of Fort Donelson. (3) Map.--The term ``map'' means the map entitled ``__________________'', numbered ________________, and dated ____. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ADDITION OF LAND TO FORT DONELSON NATIONAL BATTLEFIELD. (a) Boundary Revision.--The boundary of the Battlefield is revised to include Fort Donelson National Cemetery, in Stewart County, Tennessee, and Fort Heiman and any associated land in Calloway County, Kentucky, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Acquisition of Additional Land.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire from a willing seller by purchase with appropriated or donated funds, donation, or exchange eligible land for inclusion in the Battlefield. (2) Limitation.--The total area of the Battlefield shall not exceed 2,000 acres. (3) Revision.--On the date of the acquisition of eligible land under paragraph (1), the Secretary shall revise the boundaries of the Battlefield to include the eligible land acquired. SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD. (a) In General.--The Secretary shall administer the Battlefield in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Memorandum of Understanding.--The Secretary shall enter into a memorandum of understanding with the Secretary of Agriculture to provide for the cooperative protection and interpretation of-- (1) Fort Henry; and (2) any other Civil War resources in the Land Between the Lakes National Recreation Area that are associated with the campaign to capture Fort Donelson. SEC. 5. REPEAL OF OBSOLETE PROVISIONS RELATING TO FORT DONELSON NATIONAL BATTLEFIELD. (a) 1928 Law.--The first section and sections 2 through 7 of the Act of March 26, 1928 (16 U.S.C. 428 et seq.), are repealed. (b) 1937 Law.--Section 3 of the Act of August 30, 1937 (16 U.S.C. 428d-3) is repealed. (c) 1960 Law.--Sections 4 and 5 of Public Law 86-738 (16 U.S.C. 428n, 428o) are repealed. SEC. 6. CONFORMING AMENDMENTS. (a) 1928 Law.--The Act of March 26, 1928, is amended-- (1) in section 8 (16 U.S.C. 428g), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; (2) in section 9 (16 U.S.C. 428h)-- (A) by striking ``Fort Donelson National Park'' and inserting ``Fort Donelson National Battlefield''; and (B) by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; and (3) in section 10 (16 U.S.C. 428i), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''. (b) 1937 Law.--The Act of August 30, 1937, is amended-- (1) in the first section (16 U.S.C. 428d-1)-- (A) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (B) by striking ``said park'' and inserting ``the battlefield''; and (C) by striking ``War Department'' and inserting ``Department of the Army''; and (2) in section 2 (16 U.S.C. 428d-2)-- (A) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (B) by striking ``said national military park'' and inserting ``Fort Donelson National Battlefield''; and (C) by striking the last sentence. (c) 1960 Law.--The first section of Public Law 86-738 (16 U.S.C. 428k) is amended-- (1) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (2) by striking ``said park'' and inserting ``the battlefield''; and (3) by striking ``, but the total area'' and all that follows through the period and inserting a period.

Fort Donelson National Battlefield Expansion Act of 2002 - Revises the boundary of Fort Donelson National Battlefield to include Fort Donelson National Cemetery in Stewart County, Tennessee, and Fort Heiman and any associated land in Calloway County, Kentucky.Authorizes the Secretary of the Interior to acquire from a willing seller eligible land for inclusion in the Battlefield. Limits the total area of the Battlefield to 2,000 acres.Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to provide for the cooperative protection and interpretation of Fort Henry and any other Civil War resources in the Land Between the Lakes National Recreation Area that are associated with the campaign to capture Fort Donelson.

A bill to expand the boundaries of the Fort Donelson National Battlefield, to authorize the acquisition of land associated with the campaign that resulted in the capture of Fort Donelson in 1862, and for other purposes.

SECTION 1. DEDUCTION FOR HEALTH AND LONG-TERM CARE INSURANCE COSTS OF INDIVIDUALS NOT PARTICIPATING IN EMPLOYER-SUBSIDIZED HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. HEALTH AND LONG-TERM CARE INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation Based on Other Coverage.-- ``(1) Coverage under certain subsidized employer plans.-- ``(A) In general.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer if any of the cost of coverage under such plan (determined under section 4980B and without regard to payments made with respect to any coverage described in subsection (d)) is paid or incurred by the employer. ``(B) Employer contributions to cafeteria plans, flexible spending arrangements, archer msas, and health savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, an Archer MSA, or a health savings account which are excluded from gross income under section 106 shall be treated for purposes of subparagraph (A) as paid by the employer. ``(C) Aggregation of plans of employer.--A health plan which is not otherwise described in subparagraph (A) shall be treated as described in such subparagraph if such plan would be so described if all health plans of persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 were treated as one health plan. ``(D) Separate application to health insurance and long-term care insurance.--Subparagraphs (A) and (C) shall be applied separately with respect to-- ``(i) plans which include primarily coverage for qualified long-term care services or are qualified long-term care insurance contracts, and ``(ii) plans which do not include such coverage and are not such contracts. ``(2) Coverage under certain federal programs.-- ``(A) In general.--Subsection (a) shall not apply to any amount paid for any coverage for an individual for any calendar month if, as of the first day of such month, the individual is covered under any medical care program described in-- ``(i) title XVIII, XIX, or XXI of the Social Security Act, ``(ii) chapter 55 of title 10, United States Code, ``(iii) chapter 17 of title 38, United States Code, ``(iv) chapter 89 of title 5, United States Code, or ``(v) the Indian Health Care Improvement Act. ``(B) Exceptions.-- ``(i) Qualified long-term care.-- Subparagraph (A) shall not apply to amounts paid for coverage under a qualified long-term care insurance contract. ``(ii) Continuation coverage of fehbp.-- Subparagraph (A)(iv) shall not apply to coverage which is comparable to continuation coverage under section 4980B. ``(c) Long-Term Care Deduction Limited to Qualified Long-Term Care Insurance Contracts.--In the case of a qualified long-term care insurance contract, only eligible long-term care premiums (as defined in section 213(d)(10)) may be taken into account under subsection (a). ``(d) Deduction Not Available for Payment of Ancillary Coverage Premiums.--Any amount paid as a premium for insurance which provides for-- ``(1) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(2) making payments of a fixed amount per day (or other period) by reason of being hospitalized, shall not be taken into account under subsection (a). ``(e) Special Rules.-- ``(1) Coordination with deduction for health insurance costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(2) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations requiring employers to report to their employees and the Secretary such information as the Secretary determines to be appropriate.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting before the last sentence the following new item: ``(21) Health and long-term care insurance costs.--The deduction allowed by section 224.''. (c) Conforming Amendments.-- (1) Sections 86(b)(2), 135(c)(4), 137(b)(3), and 219(g)(3) of the Internal Revenue Code of 1986 are each amended by inserting ``224,'' after ``222,''. (2) Section 221(b)(2)(C) of such Code is amended by inserting ``224,'' before ``911''. (3) Section 469(i)(3)(F) of such Code is amended by striking ``and 222'' and inserting ``, 222, and 224''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Health and long-term care insurance costs. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow individual taxpayers a tax deduction from gross income (available to itemizing and non-itemizing taxpayers) for the cost of health care insurance, including long-term care insurance, for such taxpayer, the taxpayer's spouse, and dependents. Disallows such tax deduction for taxpayers participating in an employer-paid health care plan or for taxpayers who have health care coverage under certain federal assistance programs.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for health and long-term care insurance costs of individuals not participating in employer-subsidized health plans.

SECTION 1. DEFINITION. In this Act, the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. SEC. 2. MAINTAINING RISK PREMIUM RATES FOR PROPERTIES PURCHASED AFTER THE DATE OF ENACTMENT OF THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 2012. (a) In General.--Section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)) is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Effective Date.--Subsection (a) shall take effect as if enacted on the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 916). SEC. 3. DELAY IN FLOOD INSURANCE RATE CHANGES. (a) In General.--Any change in risk premium rates for flood insurance under the National Flood Insurance Program under the amendments made by sections 100205 and 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 917) to sections 1307 and 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014 and 4015) shall not take effect until-- (1) the date that is 180 days after the date on which the Administrator submits the report on affordability under section 100236(c) of the Biggert-Waters Flood Insurance Reform Act of 2012; or (2) if the Administrator determines that the report on affordability required under section 100236(c) of the Biggert- Waters Flood Insurance Reform Act of 2012 cannot be submitted by the date specified under such section 100236(c), the date that is 180 days after the date on which the Administrator submits the information under section 100236(e)(2) of such Act, as added by section 6 of this Act. (b) Effective Date.--Subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012. SEC. 4. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE OPTIONS. (a) Study.-- (1) Study required.--The Administrator shall conduct a study to assess options, methods, and strategies for making available voluntary community-based flood insurance policies through the National Flood Insurance Program. (2) Considerations.--The study conducted under paragraph (1) shall-- (A) take into consideration and analyze how voluntary community-based flood insurance policies-- (i) would affect communities having varying economic bases, geographic locations, flood hazard characteristics or classifications, and flood management approaches; and (ii) could satisfy the applicable requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a); and (B) evaluate the advisability of making available voluntary community-based flood insurance policies to communities, subdivisions of communities, and areas of residual risk. (3) Consultation.--In conducting the study required under paragraph (1), the Administrator may consult with the Comptroller General of the United States, as the Administrator determines is appropriate. (b) Report by the Administrator.-- (1) Report required.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a). (2) Contents.--The report submitted under paragraph (1) shall include recommendations for-- (A) the best manner to incorporate voluntary community-based flood insurance policies into the National Flood Insurance Program; and (B) a strategy to implement voluntary community- based flood insurance policies that would encourage communities to undertake flood mitigation activities, including the construction, reconstruction, or improvement of levees, dams, or other flood control structures. (c) Report by Comptroller General.--Not later than 6 months after the date on which the Administrator submits the report required under subsection (b), the Comptroller General of the United States shall-- (1) review the report submitted by the Administrator; and (2) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains-- (A) an analysis of the report submitted by the Administrator; (B) any comments or recommendations of the Comptroller General relating to the report submitted by the Administrator; and (C) any other recommendations of the Comptroller General relating to community-based flood insurance policies. SEC. 5. AMENDMENTS TO NATIONAL FLOOD INSURANCE ACT OF 1968. (a) Adequate Progress on Construction of Flood Protection Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)) is amended by inserting after the second sentence the following: ``Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement.''. (b) Communities Restoring Disaccredited Flood Protection Systems.-- Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(f)) is amended in the first sentence by striking ``no longer does so.'' and inserting the following: ``no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system.''. SEC. 6. AFFORDABILITY STUDY. Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended-- (1) in subsection (c), by striking ``Not'' and inserting the following: ``Subject to subsection (e), not''; (2) in subsection (d)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) National flood insurance fund.--Notwithstanding''; and (B) by adding at the end the following: ``(2) Other funding sources.--To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator.''; and (3) by adding at the end the following: ``(e) Alternative.--If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)-- ``(1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; ``(2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and ``(3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied.''. SEC. 7. FACILITIES IN COASTAL HIGH HAZARD AREAS. (a) Definitions.--In this section-- (1) the term ``coastal high hazard area'' has the same meaning as in section 9.4 of title 44, Code of Federal Regulations, or any successor thereto; (2) the term ``eligible entity'' means an entity that receives a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172); (3) the term ``essential to a community's recovery'' means, with respect to a structure or facility, that the structure or facility is associated with the basic functions of a local government, including public health and safety, education, law enforcement, fire protection, and other critical government operations; and (4) the term ``major disaster'' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (b) Regulations.-- (1) Substantial improvements.--Notwithstanding section 9.4 of title 44, Code of Federal Regulations, an action relating to a structure or facility located in a coastal high hazard area for which an eligible entity received a contribution under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) shall be deemed to be a ``substantial improvement'' for purposes of part 9 of title 44, Code of Federal Regulations, if-- (A) the action involves the replacement of a structure or facility that-- (i) was located in the coastal high hazard area before the incident that caused the structure or facility to be totally destroyed; and (ii) is essential to a community's recovery from a major disaster; (B) there is no practicable alternative to locating a replacement structure or facility in the coastal high hazard area; (C) the replacement structure or facility conforms to the most recent Flood Resistant Design and Construction standard issued by the American Society of Civil Engineers, or any more stringent standard approved by the Administrator; and (D) the eligible entity develops evacuation and emergency response procedures to reduce the risk of loss of human life and operational disruption from a flood. (2) Relocation.-- (A) Relocation required.--The amendments under paragraph (1) shall provide that if the Administrator determines that there is a practicable alternative to the original site of a structure or facility described in paragraph (1) that is outside the coastal high hazard area and that provides better protection against the flood hazard or other hazards associated with coastal high hazard areas, the replacement structure or facility shall be relocated to the alternative site. (B) Relocation.--If a replacement structure or facility is relocated under subparagraph (A), the original site for the destroyed structure or facility shall be deed restricted in conformance with part 80 of title 44, Code of Federal Regulations. (C) No relocation.--If a replacement structure or facility is rebuilt at the same location, the eligible entity shall set aside an alternative parcel of land in the coastal high hazard area of equal or greater size, to be deed restricted in conformance with part 80 of title 44, Code of Federal Regulations, that the Administrator determines-- (i) provides better protection against floods; or (ii) promotes the restoration of natural and beneficial functions of coastal floodplains, including protection to endangered species, critical habitat, wetlands, or coastal uses. (3) Applicability.--This section shall apply with respect to any major disaster declared on or after the date of enactment of this Act.

Amends the National Flood Insurance Act of 1968 to repeal the prohibition against provision of flood insurance by the Administrator of the Federal Emergency Management Agency (FEMA) to prospective insureds at rates less than standard estimates for property purchased after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters). (Thus allows risk premium rates lower than standard rates for certain property purchased after Biggert-Waters.) Delays the effective date of any flood insurance rate changes until 180 days after FEMA submits: (1) a certain report on methods to establish an affordability framework for the National Flood Insurance Program (NFIP), or (2) notice to the congressional committees concerned of an alternative method of gathering information for such report if the report cannot be submitted by its due date. Directs FEMA to study options, methods, and implementing strategies for making available voluntary community-based flood insurance policies through NFIP. Prohibits FEMA, when determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation. Deems an action for the repair, restoration, and replacement of a totally destroyed structure or facility located in a coastal high hazard area for which an eligible entity received a contribution under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to be a "substantial improvement" for which grant funds may be used, if specified conditions are met. Requires a replacement structure or facility to be relocated to an alternative site if FEMA determines that a practicable alternative located outside the coastal high hazard area exists and provides better protection against hazards associated with coastal high hazard areas. Prescribes deed restrictions to dedicate and maintain it in perpetuity as open space for the conservation of natural floodplain functions for any property involved in the construction of replacement structures or facilities, either the original site if the replacement structure or facility is relocated, or an alternative parcel of land in the coastal high hazard area if the replacement is rebuilt at the same location.

A bill to improve the National Flood Insurance Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Weather Service and Related Agencies Authorization Act of 1999''. SEC. 2. DEFINITIONS. For purposes of this Act, the term-- (1) ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration; and (2) ``Secretary'' means the Secretary of Commerce. SEC. 3. NATIONAL WEATHER SERVICE. (a) Operations, Research, and Facilities.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities activities of the National Weather Service $617,897,000 for fiscal year 2000 and $617,897,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $449,441,000 for fiscal year 2000 and $450,411,000 for fiscal year 2001 shall be for Local Warnings and Forecasts; (2) $2,200,000 for fiscal year 2000 and $2,200,000 for fiscal year 2001 shall be for Advanced Hydrological Prediction System; (3) $619,000 for fiscal year 2000 and $619,000 for fiscal year 2001 shall be for Susquehanna River Basin Flood Systems; (4) $35,596,000 for fiscal year 2000 and $35,596,000 for fiscal year 2001 shall be for Aviation Forecasts; (5) $4,000,000 for fiscal year 2000 and $4,000,000 for fiscal year 2001 shall be for Weather Forecast Offices (WFO) Facilities Maintenance; (6) $37,081,000 for fiscal year 2000 and $37,081,000 for fiscal year 2001 shall be for Central Forecast Guidance; (7) $3,090,000 for fiscal year 2000 and $3,090,000 for fiscal year 2001 shall be for Atmospheric and Hydrological Research; (8) $39,325,000 for fiscal year 2000 and $39,325,000 for fiscal year 2001 shall be for Next Generation Weather Radar (NEXRAD); (9) $7,573,000 for fiscal year 2000 and $7,573,000 for fiscal year 2001 shall be for Automated Surface Observing System (ASOS); (10) $38,002,000 for fiscal year 2000 and $38,002,000 for fiscal year 2001 shall be for Advanced Weather Interactive Processing System (AWIPS); and (11) $970,000 for fiscal year 2000 shall be for two 1,000- watt National Oceanic and Atmospheric Administration Weather Radio transmitters, to be located in Jasper and Marion Counties, Illinois, and nine 300-watt National Oceanic and Atmospheric Administration Weather Radio transmitters, to be installed in appropriate locations throughout the State of Illinois, and for maintenance costs related thereto. (b) Procurement, Acquisition, and Construction.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Procurement, Acquisition, and Construction activities of the National Weather Service $69,632,000 for fiscal year 2000 and $70,120,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $9,560,000 for fiscal year 2000 and $9,060,000 for fiscal year 2001 shall be for Next Generation Weather Radar (NEXRAD); (2) $4,180,000 for fiscal year 2000 and $6,125,000 for fiscal year 2001 shall be for Automated Surface Observing System (ASOS); (3) $22,575,000 for fiscal year 2000 and $21,525,000 for fiscal year 2001 shall be for Advanced Weather Interactive Processing System (AWIPS); (4) $11,100,000 for fiscal year 2000 and $12,835,000 for fiscal year 2001 shall be for Computer Facilities Upgrades; (5) $8,350,000 for fiscal year 2000 and $8,350,000 for fiscal year 2001 shall be for Radiosonde Replacement; (6) $500,000 for fiscal year 2000 shall be for National Oceanic and Atmospheric Administration Operations Center Rehabilitation; and (7) $13,367,000 for fiscal year 2000 and $12,225,000 for fiscal year 2001 shall be for Weather Forecast Office (WFO) Construction. (c) Duties of the National Weather Service.-- (1) In general.--To protect life and property (in all 50 States, the District of Columbia, and the Territories), the Secretary, through the National Weather Service, except as provided in paragraph (2), shall be responsible for-- (A) forecasts and shall serve as the sole official source of weather and flood warnings; (B) the issuance of storm warnings; (C) the collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; (D) the preparation of hydrometeorological guidance and core forecast information; and (E) the issuance of marine and aviation forecasts and warnings. (2) Competition with private sector.--The National Weather Service shall not provide, or assist other entities to provide, a service if that service is currently provided or can be provided by commercial enterprise, unless-- (A) the service provides vital weather warnings and forecasts for the protection of life and property of the general public; or (B) the United States Government is obligated to provide such service under international aviation agreements to provide meteorological services and exchange meteorological information. (3) Amendments.--The Act of October 1, 1890 (26 Stat. 653) is amended-- (A) by striking section 3 (15 U.S.C. 313); and (B) in section 9 (15 U.S.C. 317), by striking ``, and it shall be'' and all that follows, and inserting a period. (4) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing all National Weather Service activities which do not conform to the requirements of this subsection and outlining a timetable for their termination. (d) Closing of Local Weather Service Offices.--It is the sense of the Congress that the National Weather Service must fully take into account the dangerous and life threatening nature of weather patterns in Wind Zone IV, otherwise known as tornado alley, before making any determination on the closure of any of its local weather service offices. SEC. 4. ATMOSPHERIC RESEARCH. (a) Operations, Research, and Facilities.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Atmospheric Research Operations, Research, and Facilities environmental research and development activities of the Office of Oceanic and Atmospheric Research $173,250,000 for fiscal year 2000 and $173,250,000 for fiscal year 2001, to remain available until expended. (2) Climate and air quality research.--Of the amounts authorized under paragraph (1), $126,200,000 for fiscal year 2000 and $126,200,000 for fiscal year 2001 shall be for Climate and Air Quality Research, of which-- (A) $16,900,000 for fiscal year 2000 and $16,900,000 for fiscal year 2001 shall be for Interannual and Seasonal Climate Research; (B) $34,600,000 for fiscal year 2000 and $34,600,000 for fiscal year 2001 shall be for Long-Term Climate and Air Quality Research; (C) $69,700,000 for fiscal year 2000 and $69,700,000 for fiscal year 2001 shall be for Climate and Global Change; and (D) $5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001 shall be for Global Learning and Observations to Benefit the Environment (GLOBE). (3) Atmospheric programs.--Of the amounts authorized under paragraph (1), $47,050,000 for fiscal year 2000 and $47,050,000 for fiscal year 2001 shall be for Atmospheric Programs, of which-- (A) $36,600,000 for fiscal year 2000 and $36,600,000 for fiscal year 2001 shall be for Weather Research; (B) $4,350,000 for fiscal year 2000 and $4,350,000 for fiscal year 2001 shall be for Wind Profiler; and (C) $6,100,000 for fiscal year 2000 and $6,100,000 for fiscal year 2001 shall be for Solar-Terrestrial Services and Research. (b) Procurement, Acquisition, and Construction.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Atmospheric Research Procurement, Acquisition, and Construction environmental research and development activities of the Office of Oceanic and Atmospheric Research $10,040,000 for fiscal year 2000 and $14,160,000 for fiscal year 2001, to remain available until expended. Of such amounts-- (1) $5,700,000 for fiscal year 2000 and $8,000,000 for fiscal year 2001 shall be for the Geophysical Fluid Dynamics Laboratory Supercomputer; and (2) $4,340,000 for fiscal year 2000 and $6,160,000 for fiscal year 2001 shall be for the Advanced Composition Explorer (ACE) Follow-On Satellite/GEOSTORM. SEC. 5. NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE. (a) Operations, Research, and Facilities.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities environmental research and development and related activities of the National Environmental Satellite, Data and Information Service $103,092,000 for fiscal year 2000 and $103,092,000 for fiscal year 2001, to remain available until expended. (2) Satellite observing systems.--Of the amounts authorized under paragraph (1), $59,236,000 for fiscal year 2000 and $59,236,000 for fiscal year 2001 shall be for Satellite Observing Systems, of which-- (A) $2,000,000 for fiscal year 2000 and $2,000,000 for fiscal year 2001 shall be for Global Disaster Information Network (GDIN); (B) $4,000,000 for fiscal year 2000 and $4,000,000 for fiscal year 2001 shall be for Ocean Remote Sensing; and (C) $53,236,000 for fiscal year 2000 and $53,236,000 for fiscal year 2001 shall be for Environmental Observing Services. (3) Environmental data management systems.--Of the amounts authorized under paragraph (1), $43,856,000 for fiscal year 2000 and $43,856,000 for fiscal year 2001 shall be for Environmental Data Management Systems, of which-- (A) $31,521,000 for fiscal year 2000 and $31,521,000 for fiscal year 2001 shall be for Data and Information Services; and (B) $12,335,000 for fiscal year 2000 and $12,335,000 for fiscal year 2001 shall be for Environmental Data Systems Modernization. (b) Procurement, Acquisition, and Construction.-- (1) In general.--There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Procurement, Acquisition, and Construction environmental research and development and related activities of the National Environmental Satellite, Data and Information Service $413,657,000 for fiscal year 2000 and $476,183,000 for fiscal year 2001, to remain available until expended. (2) Systems acquisition.--Of the amounts authorized under paragraph (1), $410,612,000 for fiscal year 2000 and $473,803,000 for fiscal year 2001 shall be for Systems Acquisition, of which-- (A) $140,979,000 for fiscal year 2000 and $114,594,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, Polar Orbiting Environmental Satellites (POES), K, L, M, N, and N'; (B) $80,100,000 for fiscal year 2000 and $113,600,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, the National Polar-Orbiting Operational Environmental Satellite System (NPOESS); and (C) $189,533,000 for fiscal year 2000 and $245,609,000 for fiscal year 2001 shall be for the procurement and launch of, and supporting ground systems for, Geostationary Operational Environmental NEXT follow-on Satellites (GOES N-Q). (3) Construction.--Of the amounts authorized under paragraph (1), $3,045,000 for fiscal year 2000 and $2,380,000 for fiscal year 2001 shall be for National Oceanic and Atmospheric Administration Operations Center Rehabilitation Construction. SEC. 6. FACILITIES. There are authorized to be appropriated to the Secretary to enable the National Oceanic and Atmospheric Administration to carry out the Operations, Research, and Facilities environmental research and development and related activities required to meet recurring facilities operations costs associated with the David Skaggs Research Center in Boulder, Colorado, $3,850,000 for fiscal year 2000 and $3,850,000 for fiscal year 2001. SEC. 7. ELIGIBILITY FOR AWARDS. (a) In General.--The Administrator shall exclude from consideration for grant agreements made after fiscal year 1999 by the National Oceanic and Atmospheric Administration, under the activities for which funds are authorized under this Act, any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 8. INTERNET AVAILABILITY OF INFORMATION. The Administrator shall make available through the Internet home page of the National Oceanic and Atmospheric Administration the abstracts relating to all research grants and awards made with funds authorized by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary of Commerce shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 11. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Passed the House of Representatives May 19, 1999. Attest: JEFF TRANDAHL, Clerk.

National Weather Service and Related Agencies Authorization Act of 1999 - Authorizes appropriations for FY 2000 and 2001 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to carry out: (1) Operations, Research, and Facilities activities of the National Weather Service (NWS); (2) Procurement, Acquisition, and Construction activities of NWS; (3) Atmospheric Research Operations, Research, and Facilities environmental research and development activities of the Office of Oceanic and Atmospheric Research (OOAR); (4) Atmospheric Research Procurement, Acquisition, and Construction environmental research and development activities of OOAR; (5) Operations, Research, and Facilities environmental research and development and related activities of the National Environmental Satellite, Data, and Information Service (NESDIS); (6) Procurement, Acquisition, and Construction environmental research and development and related activities of NESDIS; and (7) Operations, Research, and Facilities environmental research and development and related activities required to meet recurring facilities operations costs associated with the David Skaggs Research Center in Boulder, Colorado. Revises requirements for the Secretary of Commerce's duties with respect to the NWS to include responsibilities for: (1) serving as the sole official source of weather and flood warnings; (2) issuing storm warnings; (3) collecting, exchanging, and distributing meteorological, hydrological, climatic, and oceanographic data and information;(4) preparing hydrometeorological guidance and core forecast information; and (5) issuing marine and aviation forecasts and warnings. Bars the NWS from providing or assisting other entities to provide a service that is currently provided or can be provided by commercial enterprise, unless: (1) the service provides vital weather warnings and forecasts for the protection of life and property of the general public; or (2) the U.S. Government is obligated to provide such service under international aviation agreements to provide meteorological services and exchange meteorological information. Directs the Secretary to report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing all NWS activities which do not conform to requirements of this Act and outlining a timetable for their termination. Expresses the sense of the Congress that NWS must fully take into account the dangerous and life threatening nature of weather patterns in Wind Zone IV, otherwise known as tornado alley, before making any determination to close any of its local weather service offices. Requires the NOAA Administrator to exclude from consideration for grant agreements made after FY 1999 under the activities for which funds are authorized under this Act, any person who received funds (other than due to membership in a class specified by law for which assistance is awarded to class members according to a formula) appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes such an exclusion effective for a period of five years after receipt of such Federal funds. Directs the Administrator to make available through NOAA's Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. Prohibits any funds authorized pursuant to this Act from being expended by an entity unless such entity agrees, in expending such assistance, to comply with the Act of March 3, 1933, known as the Buy American Act. Expresses the sense of the Congress that entities receiving any equipment or products that may be authorized to be purchased with financial assistance provided under this Act should, in expending such assistance, purchase only American-made equipment and products. Requires the Secretary to provide to each recipient of such assistance a notice describing such statement. Prohibits any person who has been finally determined by a court or Federal agency to have intentionally affixed a label bearing a "Made in America" inscription or any inscription with the same meaning to any product sold in or shipped to the United States that is not made in the United States, from receiving any contract or subcontract made with funds provided pursuant to this Act pursuant to debarment, suspension, and ineligibility procedures.

National Weather Service and Related Agencies Authorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tanning Bed Cancer Control Act of 2010''. SEC. 2. FINDINGS. Congress finds as follows: (1) One million Americans--70 percent of whom are girls and women--visit a tanning salon each day. (2) In July 2009, the World Health Organization International Agency for Research on Cancer Monograph Working Group raised the classification of the use of UV-emitting tanning devices to Group 1, ``carcinogenic to humans.'' (3) The new carcinogen classification places tanning beds alongside tobacco smoke, asbestos, and uranium as known cancer- causing agents. (4) The World Health Organization reports that the risk of cutaneous melanoma is increased by 75 percent when use of tanning devices starts before 30 years of age. (5) According to the American Academy of Dermatology, there were over 120,000 new melanomas diagnosed in the United States during 2009 and approximately 8,650 people were estimated to die from melanoma during 2009. (6) In a December 2008 Report to Congress, FDA determined, through its own analysis, that the current warning labels for indoor tanning devices do not effectively communicate the risks associated with indoor tanning and is therefore reviewing modifications to the labeling requirements in an effort to better inform consumers about the risks associated with sunlamp products. (7) According to section 514 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d), the Secretary of Health and Human Services determines performance standards are established by providing that a drug or device allows for the reasonable assurance of safe and effective performance. (8) If tanning devices do not provide reasonable assurances of safe and effective performance, the Secretary shall seek to reclassify these devices as is most appropriate based on the scientific evidence and to put in place safeguards for consumer access to these devices. SEC. 3. RECLASSIFICATION. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Food and Drugs (hereinafter in this Act referred to as the ``Commissioner'') shall complete a study to examine the classification of ultraviolet tanning lamps as class I devices. (b) Reclassification.--Not later than 1 year after the completion of the study under subsection (a), the Commissioner shall, based on the results of such study-- (1) issue a rule providing for the reclassification under section 513(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 260c(e)) of an ultraviolet tanning lamp as a class II or class III device; or (2) submit to the Congress a report that provides a justification for not issuing such a rule. SEC. 4. PERFORMANCE STANDARDS. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Commissioner shall complete a study on performance standards established under section 514 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d) for ultraviolet tanning lamps to examine the adequacy of such performance standards. (b) Revision of Performance Standards.--Except as provided in subsection (c), the Commissioner, based on the results of the study under subsection (a), shall, not later than 1 year after the completion of such study-- (1) issue a rule providing for more stringent performance standards for ultraviolet tanning lamps, including with respect to the strength of ultraviolet rays emitted by such devices and the amount of time a user should remain exposed to such devices; or (2) submit to the Congress a report that provides a justification for not issuing such a rule. (c) Labeling Requirements.--The Commissioner shall carry out the recommendations made in the report submitted under section 230 of the Food and Drug Administration Amendments Act of 2007 (Public Law 110-85) regarding the labeling of ultraviolet tanning lamps. SEC. 5. NO LIMITATION ON RECALL AUTHORITY. Nothing in this Act shall be construed to limit the authority of the Commissioner under section 518(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360h(e)) with regard to an ultraviolet tanning lamp. SEC. 6. DEFINITIONS. In this Act: (1) The term ``ultraviolet tanning lamp''-- (A) refers to an ultraviolet ray-emitting device for purposes of tanning, including indoor tanning devices and sunlamps for tanning; and (B) notwithstanding subparagraph (A), does not include an ultraviolet ray-emitting device for purposes of use as part of a treatment regimen prescribed by a licensed health care professional. (2) The terms ``class I'', ``class II'', and ``class III'' have the meanings given such terms in section 513(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(h)). (3) The terms ``device'', ``interstate commerce'', ``label'', and ``labeling'' have the meanings given such terms under section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

Tanning Bed Cancer Control Act of 2010 - Directs the Commissioner of Food and Drugs (FDA): (1) to complete a study to examine the classification of ultraviolet tanning lamps as class I medical devices; and (2) not later than one year after completion of such study, to either issue a rule providing for the reclassification of an ultraviolet tanning lamp as a class II or class III device or submit to Congress a report providing a justification for not issuing such a rule. Requires the Commissioner to: (1) complete a study on the adequacy of performance standards established for ultraviolet tanning lamps; and (2) either issue a rule providing for more stringent performance standards for such lamps, including with respect to the strength of ultraviolet rays emitted by such devices and the amount of time a user should remain exposed to such devices, or submit to Congress a report providing a justification for not issuing such a rule. Directs the Commissioner to carry out recommendations made in a report on labeling requirements for indoor tanning devices regarding ultraviolet tanning lamps. Declares that nothing in this Act shall be construed to limit the authority of the Commissioner with regard to an ultraviolet tanning lamp.

To help prevent the occurrence of cancer resulting from the use of ultraviolet tanning lamps by imposing more stringent controls on the use of such devices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enewetak Atoll Cleanup Veterans Registry and Study Act of 2016''. SEC. 2. ENEWETAK ATOLL CLEANUP REGISTRY. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish and maintain a registry to be known as the ``Enewetak Atoll Veterans Health Registry'' (in this section referred to as the ``Registry''). (b) Contents.--Except as provided in subsection (c), the Registry shall include the following information: (1) A list containing the name of each individual who-- (A) while serving as a member of the Armed Forces, performed a radiation cleanup mission in the Enewetak Atoll in the Marshall Islands at any time during the period beginning on January 1, 1977, and ending on December 31, 1980; and (B)(i) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code; (ii) files a claim for compensation under chapter 11 of such title on the basis of any disability that may be associated with such service; (iii) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service; (iv) requests from the Secretary a health examination under subsection (d)(1); or (v)(I) receives from the Secretary a health examination similar to the health examination under subsection (d)(1); and (II) submits to the Secretary a request to be included in the Registry. (2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who-- (A) grants to the Secretary permission to include such information in the Registry; or (B) at the time the name of the individual is added to the Registry, is deceased. (c) Individuals Submitting Claims or Making Requests Before Date of Enactment.--If an application, claim, or request referred to in paragraph (1) of subsection (b) was submitted, filed, or made with respect to an individual described in that paragraph before the date of the enactment of this Act, the Secretary shall, to the extent feasible, include in the Registry the information described in that subsection relating to that individual. (d) Examinations.-- (1) In general.--Upon the request of an individual described in subsection (b)(1)(A), the Secretary shall provide the individual with-- (A) a health examination (including any appropriate diagnostic tests); and (B) consultation and counseling with respect to the results of the examination and tests. (2) Consultation and counseling to family members.--In the case of an individual described in subsection (b)(1)(A) who is deceased, upon the request of a spouse, child, or parent of that individual, the Secretary shall provide that spouse, child, or parent with consultation and counseling with respect to the results of the examination and tests under paragraph (1)(A) or the results of an examination similar to that examination with respect to that individual. (e) Outreach.-- (1) Ongoing outreach to individuals listed in the registry.--The Secretary shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of potential exposure to radiation related to service at Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980. (2) Examination outreach.--The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under subsection (d). (f) Department of Defense Information.--The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry. (g) Independent Study.-- (1) In general.--The Secretary of Veterans Affairs shall provide for a study on the potential exposure of individuals to radiation related to service at Enewetak Atoll at any time during the period beginning on January 1, 1977, and ending on December 31, 1980. (2) Independent entity.--The study required by paragraph (1) shall be carried out by an entity that-- (A) has experience conducting studies with respect to the exposure of individuals to radiation; and (B) is not affiliated with the Department of Veterans Affairs. (3) Deadline for completion.--The study required by paragraph (1) shall be completed not later than one year after the date of the enactment of this Act. (h) Annual Report.-- (1) In general.--Not later than two years after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the Registry. (2) Elements.--Each report required by paragraph (1) shall include the following: (A) The number of veterans included in the Registry. (B) Any trend in claims for compensation under chapter 11 or 13 of title 38, United States Code, with respect to veterans included in the Registry. (C) A description of the outreach efforts made by the Secretary under subsection (e) during the one-year period ending on the date of such report. (D) Such other matters as the Secretary considers appropriate.

Enewetak Atoll Cleanup Veterans Registry and Study Act of 2016 This bill requires the Department of Veterans Affairs (VA) to establish and maintain the Enewetak Atoll Veterans Health Registry of each veteran who performed a radiation cleanup mission in the Enewetak Atoll in the Marshall Islands between January 1, 1977, and December 31, 1980, while serving as a member of the Armed Forces and who: applies for medical care or services from the VA; files a claim for compensation on the basis of any disability associated with such service; dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation on the basis of such service; requests a health examination from the VA; or receives such a health examination and submits a request to be included in the registry. The registry shall include relevant medical data relating to the health status of each such individual who: (1) grants the VA permission to include such information, or (2) is deceased when the individual's name is added to the registry. In the case of such an individual who is deceased, the VA shall provide that individual's spouse, child, or parent with consultation and counseling with respect to the results of an examination of such individual, upon request. The VA shall: (1) periodically notify individuals listed in the registry of significant developments in research on the health consequences of potential radiation exposure related to such service, (2) provide for an independent study on such potential exposure, and (3) carry out outreach activities with respect to health examinations and consultation and counseling services.

Enewetak Atoll Cleanup Veterans Registry and Study Act of 2016

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Paperwork Reduction Act''. (b) References in Act.--Except as may otherwise be provided, whenever in this Act an amendment 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 that section or other provision of the District of Columbia Home Rule Act. SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1-206.04, D.C. Official Code). (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming Amendments.-- (1) District of columbia home rule act.--(A) Section 303 (sec. 1-203.03, D.C. Official Code) is amended-- (i) in subsection (a), by striking the second sentence; and (ii) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (B) Section 404(e) (sec. 1-204.04(3), D.C. Official Code) is amended by striking ``subject to the provisions of section 602(c)'' each place it appears. (C) Section 462 (sec. 1-204.62, D.C. Official Code) is amended-- (i) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (ii) by striking subsections (b) and (c). (D) Section 472(d) (sec. 1-204.72(d), D.C. Official Code) is amended to read as follows: ``(d) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a).''. (E) Section 475(e) (sec. 1-204.75(e), D.C. Official Code) is amended to read as follows: ``(e) Payments Not Subject to Appropriation.--The fourth sentence of section 446 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section.''. (2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.102(b)(1), D.C. Official Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (B) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1- 204.105, D.C. Official Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (C) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1001.16, D.C. Official Code)-- (i) in subsection (j)(2)-- (I) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (II) by striking the second sentence; and (ii) in subsection (m)-- (I) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (II) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (III) by striking ``section, the act which'' and all that follows and inserting ``section.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2014.

District of Columbia Paperwork Reduction Act - Amends the District of Columbia Home Rule Act to eliminate congressional review of newly-passed District laws.

District of Columbia Paperwork Reduction Act

SECTION 1. REPEAL OF LIMITATION OF COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Section 7652 (relating to limitation on cover over of tax on distilled spirits) is amended by striking subsection (f) and by redesignating subsection (g) as subsection (f). (b) Conforming Amendments.--Section 7652(f) of such Code (as so redesignated) is amended by striking ``subsection (f) of this section'' in paragraph (1)(B) and inserting ``section 5001(a)(1)''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to articles containing distilled spirits that are tax- determined after September 30, 1999. (2) Special rule.-- (A) In general.--For the 5-year period beginning after September 30, 1999, the treasury of Puerto Rico shall make a Conservation Trust Fund transfer within 30 days from the date of each cover over payment made during such period to such treasury under section 7652(e) of the Internal Revenue Code of 1986. (B) Conservation trust fund transfer.-- (i) In general.--For purposes of this paragraph, the term ``Conservation Trust Fund transfer'' means a transfer to the Puerto Rico Conservation Trust Fund of an amount equal to 50 cents per proof gallon of the taxes imposed under section 5001 or section 7652 of such Code on distilled spirits that are covered over to the treasury of Puerto Rico under section 7652(e) of such Code. (ii) Treatment of transfer.--Each Conservation Trust Fund transfer shall be treated as principal for an endowment, the income from which to be available for use by the Puerto Rico Conservation Trust Fund for the purposes for which the Trust Fund was established. (ii) Result of nontransfer.-- (I) In general.--Upon notification by the Secretary of the Interior that a Conservation Trust Fund transfer has not been made by the treasury of Puerto Rico during the period described in subparagraph (A), the Secretary of the Treasury shall, except as provided in subclause (II), deduct and withhold from the next cover over payment to be made to the treasury of Puerto Rico under section 7652(e) of such Code an amount equal to the appropriate Conservation Trust Fund transfer and interest thereon at the underpayment rate established under section 6621 of such Code as of the due date of such transfer. The Secretary of the Treasury shall transfer such amount deducted and withheld, and the interest thereon, directly to the Puerto Rico Conservation Trust Fund. (II) Good cause exception.--If the Secretary of the Interior finds, after consultation with the Governor of Puerto Rico, that the failure by the treasury of Puerto Rico to make a required transfer was for good cause, and notifies the Secretary of the Treasury of the finding of such good cause before the due date of the next cover over payment following the notification of nontransfer, then the Secretary of the Treasury shall not deduct the amount of such nontransfer from any cover over payment. (C) Puerto rico conservation trust fund.--For purposes of this paragraph, the term ``Puerto Rico Conservation Trust Fund'' means the fund established pursuant to a Memorandum of Understanding between the United States Department of the Interior and the Commonwealth of Puerto Rico, dated December 24, 1968.

Amends the Internal Revenue Code to require, for the five-year period beginning after September 30, 1999, the treasury of Puerto Rico to make a Conservation Trust Fund transfer within 30 days from the date of each cover over payment made during such period to such treasury under provisions of the Code concerning shipments to the United States. Defines terms.

A bill to amend the Internal Revenue Code of 1986 to repeal the limitation of the cover over of tax on distilled spirits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Seniors Safe From Falls Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Falls are the leading cause of injury deaths among individuals who are over 65 years of age. (2) In 2000, falls among older adults accounted for 10,200 deaths and 1,600,000 emergency department visits. (3) Hospital admissions for hip fractures among the elderly have increased from 231,000 admissions in 1988 to 332,000 in 1999. (4) Annually, more than 64,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall. (5) The total cost of all fall injuries for people age 65 and older was calculated in 1994 to be $27,300,000,000 (in 2004 dollars). (6) A national approach to reducing falls among older adults, which focuses on the daily life of senior citizens in residential, institutional, and community settings, is needed. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating section 393B (as added by section 1401 of Public Law 106-386) as section 393C and transferring such section so that it appears after section 393B (as added by section 1301 of Public Law 106-310); and (2) by inserting after section 393C (as redesignated by paragraph (1)) the following: ``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to develop effective public education strategies in a national initiative to reduce falls among older adults in order to educate older adults, family members, employers, caregivers, and others; ``(2) to intensify services and conduct research to determine the most effective approaches to preventing and treating falls among older adults; and ``(3) to require the Secretary to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(b) Public Education.--The Secretary shall-- ``(1) oversee and support a national education campaign to be carried out by a nonprofit organization with experience in designing and implementing national injury prevention programs, that is directed principally to older adults, their families, and health care providers, and that focuses on reducing falls among older adults and preventing repeat falls; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen, and other organizations to design and carry out local education campaigns, focusing on reducing falls among older adults and preventing repeat falls. ``(c) Research.-- ``(1) In general.--The Secretary shall-- ``(A) conduct and support research to-- ``(i) improve the identification of older adults who have a high risk of falling; ``(ii) improve data collection and analysis to identify fall risk and protective factors; ``(iii) design, implement, and evaluate the most effective fall prevention interventions; ``(iv) improve strategies that are proven to be effective in reducing falls by tailoring these strategies to specific populations of older adults; ``(v) conduct research in order to maximize the dissemination of proven, effective fall prevention interventions; ``(vi) intensify proven interventions to prevent falls among older adults; ``(vii) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and ``(viii) assess the risk of falls occurring in various settings; ``(B) conduct research concerning barriers to the adoption of proven interventions with respect to the prevention of falls among older adults; ``(C) conduct research to develop, implement, and evaluate the most effective approaches to reducing falls among high-risk older adults living in long-term care facilities; and ``(D) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls among older adults. ``(2) Educational support.--The Secretary, either directly or through awarding grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, shall provide professional education for physicians and allied health professionals in fall prevention. ``(d) Demonstration Projects.--The Secretary shall carry out the following: ``(1) Oversee and support demonstration and research projects to be carried out by qualified organizations, institutions, or consortia of qualified organizations and institutions, in the following areas: ``(A) A multistate demonstration project assessing the utility of targeted fall risk screening and referral programs. ``(B) Programs designed for community-dwelling older adults that utilize multicomponent fall intervention approaches, including physical activity, medication assessment and reduction when possible, vision enhancement, and home modification strategies. ``(C) Programs that are targeted to newly discharged fall victims who are at a high risk for second falls and which are designed to maximize independence and quality of life for older adults, particularly those older adults with functional limitations. ``(D) Private sector and public-private partnerships to develop technology to prevent falls among older adults and prevent or reduce injuries if falls occur. ``(2)(A) Award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, to design, implement, and evaluate fall prevention programs using proven intervention strategies in residential and institutional settings. ``(B) Award 1 or more grants, contracts, or cooperative agreements to 1 or more qualified organizations, institutions, or consortia of qualified organizations and institutions, in order to carry out a multistate demonstration project to implement and evaluate fall prevention programs using proven intervention strategies designed for multifamily residential settings with high concentrations of older adults, including-- ``(i) identifying high-risk populations; ``(ii) evaluating residential facilities; ``(iii) conducting screening to identify high-risk individuals; ``(iv) providing pre-fall counseling; ``(v) coordinating services with health care and social service providers; and ``(vi) coordinating post-fall treatment and rehabilitation. ``(3) Award 1 or more grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, to conduct evaluations of the effectiveness of the demonstration projects described in this subsection. ``(e) Study of Effects of Falls on Health Care Costs.-- ``(1) In general.--The Secretary shall conduct a review of the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(2) Report.--Not later than 36 months after the date of enactment of the Keeping Seniors Safe From Falls Act of 2004, the Secretary shall submit to Congress a report describing the findings of the Secretary in conducting the review under paragraph (1).''. Passed the Senate November 18, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Keeping Seniors Safe From Falls Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) oversee and support a national education campaign focusing on reducing falls among older adults and preventing repeat falls; and (2) award grants, contracts, or cooperative agreements for local education campaigns. Directs the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention interventions; (4) tailor effective strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and (7) assess the risks of falls occurring in various settings. Requires the Secretary to: (1) conduct research concerning the barriers to the adoption of proven fall prevention interventions; (2) conduct research to develop, implement, and evaluate the most effective approaches to reduce falls among high-risk older adults living in long-term care facilities; and (3) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls among older adults. Requires the Secretary to provide professional education for physicians and allied health professionals in fall prevention. Directs the Secretary to oversee and support certain demonstration and research projects by qualified organizations, institutions, or consortia of qualified organizations and institutions, including: (1) a multistate demonstration project assessing the utility of targeted fall risk screening and referral programs; (2) programs utilizing multicomponent fall-intervention approaches; (3) programs designed to maximize independence and quality of life for older adults targeted at newly discharged fall victims; and (4) private sector and public-private partnerships to develop technology to prevent falls among older adults and to prevent or reduce injuries if falls occur. Requires the Secretary to award grants, contracts, or cooperative agreements to: (1) design, implement, and evaluate fall prevention programs using proven intervention strategies in residential and institutional settings; (2) carry out a multistate demonstration project to implement and evaluate fall prevention programs designed for multifamily residential settings with high concentrations of older adults; and (3) conduct evaluations of the effectiveness of such demonstration projects. Directs the Secretary to review and report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls.

A bill to direct the Secretary of Health and Human Services to intensify programs with respect to research and related activities concerning falls among older adults.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Affairs Retaliation Prevention Act of 2015''. SEC. 2. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS ``Sec. 721. Whistleblower complaint defined ``In this subchapter, the term `whistleblower complaint' means a complaint by an employee of the Department disclosing, or assisting another employee to disclose, a potential violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. ``Sec. 722. Treatment of whistleblower complaints ``(a) Filing.--(1) In addition to any other method established by law in which an employee may file a whistleblower complaint, an employee of the Department may file a whistleblower complaint with a supervisor of the employee. ``(2) In making a whistleblower complaint under paragraph (1), an employee shall file the initial complaint with the immediate supervisor of the employee. ``(b) Notification.--(1) Not later than two business days after the date on which a supervisor receives a whistleblower complaint by an employee under this section, the supervisor shall notify, in writing, the employee of whether the supervisor determines that there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level supervisor and the Office of Accountability Review of the Department a written report on the complaint. ``(2) On a monthly basis, the supervisor shall submit to the appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower complaints received by the supervisor under this section during the month covered by the report, the disposition of such complaints, and any actions taken because of such complaints pursuant to subsection (c). In the case in which such a director or official carries out this paragraph, the director or official shall submit such monthly report to the supervisor of the director or official and to the Office of Accountability Review. ``(c) Positive Determination.--If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint of an employee, the supervisor shall include in the notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint. ``(d) Filing Complaint With Next-Level Supervisors.--(1) If a supervisor does not make a timely determination under subsection (b)(1) regarding a whistleblower complaint, or if the employee who made the complaint determines that the supervisor did not adequately address the complaint pursuant to subsection (c), the employee may file such whistleblower complaint with the next-level supervisor who shall treat such complaint in accordance with this section. ``(2) An employee may file a whistleblower complaint with the Secretary if the employee has filed the whistleblower complaint to each level of supervisors between the employee and the Secretary in accordance with paragraph (1). ``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary shall-- ``(1) inform the employee of the ability to volunteer for a transfer in accordance with section 3352 of title 5; and ``(2) give preference to the employee for such a transfer in accordance with such section. ``(f) Prohibition on Exemption.--The Secretary may not exempt any employee of the Department from being covered by this section. ``Sec. 723. Adverse actions against employees who commit prohibited personnel actions relating to whistleblower complaints ``(a) In General.--(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against employees whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (d): ``(A) With respect to the first offense, an adverse action that is not less than a 14-day suspension and not more than removal. ``(B) With respect to the second offense, removal. ``(2)(A) Except as provided by subparagraph (B), and notwithstanding subsections (b) and (c) of section 7513 and section 7543 of title 5, the provisions of subsections (d) and (e) of section 713 of this title shall apply with respect to an adverse action carried out under paragraph (1). ``(B) An employee who is notified of being the subject of a proposed adverse action under paragraph (1) may not be given more than five days following such notification to provide evidence to dispute such proposed adverse action. If the employee does not provide any such evidence, or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such five- day period. ``(b) Fees.--(1) In addition to any adverse action carried out under subsection (a), to recoup costs borne by the Federal Government by reason of prohibited personnel actions described in subsection (d), the Secretary shall charge a fee to each employee who is found to have committed such a prohibited personnel action by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary. The Secretary shall afford such an employee notice and an opportunity for a hearing before charging such fee. ``(2) In carrying out paragraph (1), the Secretary shall prescribe a schedule of fees that takes into account the cost to the Federal Government of the prohibited personnel action committed by an employee described in such paragraph, including such costs paid by the Federal Government pursuant to an order to pay attorney fees described in section 1204(m) of title 5 or other similar order of an administrative judge or Federal judge. ``(c) Limitation on Other Adverse Actions.--With respect to a prohibited personnel action described in subsection (d), if the Secretary carries out an adverse action against an employee or charges a fee to an employee under a provision of law other than this section, the Secretary may carry out an additional adverse action or charge an additional fee under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a) and the total fees charged do not exceed the amount prescribed under subsection (b)(2). ``(d) Prohibited Personnel Action Described.--A prohibited personnel action described in this subsection is any of the following actions: ``(1) Taking or failing to take a personnel action in violation of section 2302 of title 5 against an employee relating to the employee-- ``(A) filing a whistleblower complaint in accordance with section 722 of this title; ``(B) filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress; ``(C) providing information or participating as a witness in an investigation of a whistleblower complaint in accordance with section 722 or with the Inspector General of the Department, the Special Counsel, or Congress; ``(D) participating in an audit or investigation by the Comptroller General of the United States; ``(E) refusing to perform an action that is unlawful or prohibited by the Department; or ``(F) engaging in communications that are related to the duties of the position or are otherwise protected. ``(2) Interfering with an employee making an action described in any of subparagraphs (A) through (F) of paragraph (1). ``(3) Conducting a peer review or opening a retaliatory investigation relating to an activity of an employee that is protected by section 2302 of title 5. ``(4) Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be. ``Sec. 724. Evaluation criteria of supervisors and treatment of bonuses ``(a) Evaluation Criteria.--(1) In evaluating the performance of supervisors of the Department, the Secretary shall include the criteria described in paragraph (2). ``(2) The criteria described in this subsection are the following: ``(A) Whether the supervisor treats whistleblower complaints in accordance with section 722. ``(B) Whether the appropriate deciding official, performance review board, or performance review committee determines that the supervisor was found to have committed a prohibited personnel action described in section 723(c) by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary. ``(b) Bonuses.--(1) The Secretary may not pay to a supervisor described in subsection (a)(2)(B) an award or bonus under this title or title 5, including under chapter 45 or 53 of such title, during the one-year period beginning on the date on which the determination was made under such subsection. ``(2) Notwithstanding any other provision of law, the Secretary shall issue an order directing a supervisor described in subsection (a)(2)(B) to repay the amount of any award or bonus paid under this title or title 5, including under chapter 45 or 53 of such title, if-- ``(A) such award or bonus was paid for performance during a period in which the supervisor committed a prohibited personnel action as determined pursuant to such subsection (a)(2)(B); ``(B) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and ``(C) the supervisor is afforded notice and an opportunity for a hearing before making such repayment. ``Sec. 725. Training regarding whistleblower complaints ``(a) Training.--The Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall annually provide to each employee of the Department training regarding whistleblower complaints, including-- ``(1) an explanation of each method established by law in which an employee may file a whistleblower complaint; ``(2) an explanation of prohibited personnel actions described by section 723(d) of this title; ``(3) with respect to supervisors, how to treat whistleblower complaints in accordance with section 722 of this title; ``(4) the right of the employee to petition Congress regarding a whistleblower complaint in accordance with section 7211 of title 5; ``(5) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191); ``(6) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and ``(7) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41. ``(b) Certification.--The Secretary shall annually provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory. ``(c) Publication.--The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to file a whistleblower complaint and to petition Congress regarding a whistleblower complaint as described in paragraphs (3) and (4) of subsection (a). ``Sec. 726. Reports to Congress ``(a) Annual Reports.--The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes-- ``(1) with respect to whistleblower complaints filed under section 722 during the year covered by the report-- ``(A) the number of such complaints filed; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints in which a positive determination was made by a supervisor under subsection (b)(1) of such section; ``(2) the number of whistleblower complaints filed during the year covered by the report that are not included under paragraph (1), including-- ``(A) the method in which such complaints were filed; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints; and ``(3) with respect to disclosures made by a contractor under section 4705 or 4712 of title 41-- ``(A) the number of complaints relating to such disclosures that were investigated by the Inspector General of the Department of Veterans Affairs during the year covered by the report; ``(B) the disposition of such complaints; and ``(C) the ways in which the Secretary addressed such complaints. ``(b) Notice of Office of Special Counsel Determinations.--Not later than 30 days after the date on which the Secretary receives from the Special Counsel information relating to a whistleblower complaint pursuant to section 1213 of title 5, the Secretary shall notify the Committees on Veterans' Affairs of the House of Representatives and the Senate of such information, including the determination made by the Special Counsel.''. (b) Conforming and Clerical Amendments.-- (1) Conforming amendment.--Such chapter is further amended by inserting before section 701 the following: ``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''. (2) Clerical amendments.--The table of sections at the beginning of such chapter is amended-- (A) by inserting before the item relating to section 701 the following new item: ``subchapter i--general employee matters''; and (B) by adding after the item relating to section 713 the following new items: ``subchapter ii--whistleblower complaints ``721. Whistleblower complaint defined. ``722. Treatment of whistleblower complaints. ``723. Adverse actions against employees who commit prohibited personnel actions relating to whistleblower complaints. ``724. Evaluation criteria of supervisors and treatment of bonuses. ``725. Training regarding whistleblower complaints. ``726. Reports to Congress.''.

Veterans Affairs Retaliation Prevention Act of 2015 Authorizes a Department of Veterans Affairs (VA) employee to file a whistleblower complaint with his or her immediate supervisor. Gives that supervisor two business days to determine and notify the employee as to whether there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or substantial and specific danger to public health and safety. Requires that supervisor to include in the employee notification specific actions that the supervisor will take to address a complaint deemed reasonably valid. Authorizes an employee whose supervisor fails to make a timely determination regarding the complaint or address the complaint to the employee's satisfaction, to file such complaint with the next-level supervisor, who shall make a determination regarding the complaint in accordance with the procedures this Act requires the immediate supervisor to follow. Authorizes an employee to file a whistleblower complaint with the VA Secretary if the employee has filed such complaint with each level of supervisors between the employee and the Secretary in accordance with such procedures. Requires each employee who receives a positive determination from a supervisor regarding a complaint to be: (1) informed by the Secretary of the employee's ability to volunteer for a transfer, and (2) given transfer preference. Directs the Secretary to carry out the following adverse actions against VA employees who are determined to have committed a prohibited personnel action relating to whistleblower complaints: (1) not less than a 14-day suspension, and not more than removal, for a first offense, and (2) removal for a second offense. Gives employees no more than five days following notification of such a proposed adverse action to dispute it. Requires the Secretary to charge an offending employee a fee that takes into account the costs borne by the federal government due to such prohibited personnel action. Requires the Secretary, when evaluating a supervisor's performance, to take into account any failure to follow this Act's procedures or any commission of a prohibited personnel action relating to a whistleblower complaint. Denies awards or bonuses to supervisors found to have committed such prohibited personnel actions. Directs the Secretary to: (1) provide each VA employee with annual training regarding whistleblower complaints; (2) provide annual training on merit system protection that the Special Counsel certifies as satisfactory; and (3) publish on the VA's website and prominently display at VA facilities the rights of an employee to file, and to petition Congress regarding, a whistleblower complaint.

Veterans Affairs Retaliation Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Flexibility for School Meals Act''. SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCH AND SCHOOL BREAKFAST PROGRAMS. (a) Amendments to National School Lunch Act.--The Richard B. Russell National School Lunch Act (42 U.S.C. 1751) is amended-- (1) in section 4(b)(1)(A) (42 U.S.C. 1753(b)(1)(A)), by striking ``(consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act)''; (2) in section 9 (42 U.S.C. 1758)-- (A) in the heading, by striking ``and other program requirements'' and inserting ``guidelines''; (B) in subsection (a)(1)-- (i) in subparagraph (A)-- (I) by striking ``shall meet'' and inserting ``may meet''; (II) by striking ``minimum nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''; and (III) by striking ``, except that the minimum nutritional requirements'' and inserting ``which''; and (ii) in subparagraph (B)-- (I) by striking ``complying with the nutritional requirements'' and inserting ``meeting nutrition guidelines''; (II) by striking ``minimum nutritional requirements'' and inserting ``nutrition guidelines''; and (III) by striking ``maintaining compliance with the requirements'' and inserting ``meeting nutrition guidelines''; and (C) in subsection (f)-- (i) in the heading, by striking ``Nutritional Requirements'' and inserting ``Nutrition Guidelines''; (ii) by striking ``requirements of this subsection'' each place it appears and inserting ``guidelines under this subsection''; and (iii) in paragraph (1), by striking ``shall serve'' and inserting ``may serve''; (3) in section 11(a)(1)(A) (42 U.S.C. 1759a(a)(1)(A)), by striking ``(consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to subsection 9(a) of this Act)''; (4) in section 13(f) (7 U.S.C. 1761(f))-- (A) in paragraph (1), by striking ``shall serve meals consisting of a combination of foods and meeting minimum nutritional standards prescribed by the Secretary'' and inserting ``may serve meals consisting of a combination of foods that meet nutrition guidelines issued by the Secretary''; and (B) in paragraph (2), by striking ``complying with the nutritional requirements prescribed by the Secretary pursuant to this subsection'' and inserting ``meeting nutrition guidelines''; (5) in section 14(f) (42 U.S.C. 1762a(f)) by striking ``meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act, and''; (6) in section 17 (42 U.S.C. 1766)-- (A) in subsection (g)-- (i) in paragraph (2)-- (I) in the heading, by striking ``Requirements'' and inserting ``Guidelines''; and (II) in subparagraph (A)-- (aa) by striking ``shall'' and inserting ``may''; and (bb) by striking ``minimum nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''; (ii) in paragraph (2)(B)-- (I) in clause (i), by striking ``update requirements'' and inserting ``update guidelines''; and (II) in clause (ii), by striking ``updated requirements'' and inserting ``updated guidelines''; and (iii) by amending paragraph (2)(C) to read as follows: ``(C) Rule of construction.--The nutrition guidelines issued under subparagraph (A) shall not be construed as-- ``(i) prohibiting institutions, family or group day care homes, and sponsored centers from substituting foods to accommodate the medical or other special dietary needs of individual participants; or ``(ii) requiring an institution, family or group day care home, sponsored center, or emergency shelter from complying with such guidelines.''; (B) in subsection (o)(3)(A), by striking ``nutritional requirements'' and inserting ``nutrition guidelines''; and (C) in subsection (u)(3), by striking ``nutritional requirements'' both places it appears and inserting ``nutrition guidelines''; and (7) in section 22 (42 U.S.C. 1769c), by striking ``nutritional requirements'' each place it appears and inserting ``nutrition guidelines''. (b) Amendments to Child Nutrition Act.--Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1758) is amended-- (1) in subsection (b)(1), by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (2) in subsection (e)-- (A) in the heading, by striking ``Nutritional and Other Program Requirements'' and inserting ``Nutrition Guidelines''; (B) in paragraph (1)(A)-- (i) by striking ``shall meet minimum nutritional requirements prescribed'' and inserting ``may meet nutrition guidelines issued''; and (ii) by striking ``, except that the minimum nutritional requirements shall be measured by not less than the weekly average of the nutrient content of school breakfasts''; and (C) in paragraph (1)(B), by striking ``nutritional requirements prescribed'' and inserting ``nutrition guidelines issued''.

Permanent Flexibility for School Meals Act This bill amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to eliminate the minimum nutritional requirements for Department of Agriculture school meal programs by changing the requirements to voluntary guidelines.

Permanent Flexibility for School Meals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Reporting Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. SEC. 3. VOLUNTARY PROSPECTIVE REPORTING SYSTEM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall develop and implement guidance providing for a prospective reporting system meeting the requirements of subsection (b). Such system shall be available for use by employers on a voluntary basis beginning not later than January 1, 2017. (b) Requirements.--The system created under subsection (a) shall include-- (1) voluntary reporting by each participating employer, not later than 45 days before the first day of the annual open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(B)) for each calendar year, of-- (A) the name and employer identification number of the employer; (B) a certification of-- (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees (within the meaning of section 4980H of such Code) of the employer; (ii) whether such coverage is offered to part-time employees of the employer; (iii) whether such coverage is offered to dependents of employees; (iv) whether such coverage is offered to spouses of employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; and (vii) whether the employer reasonably expects to be liable for any shared responsibility payment under section 4980H of such Code for such year; (C) the months during the prospective reporting period that such coverage is available to individuals described in clauses (i) through (iv) of subparagraph (B); and (D) what waiting periods, if any, apply with respect to such coverage; (2) processes necessary to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071); (3) a process to allow Exchanges to follow up with employers in order to obtain additional reasonably necessary information relating to an employee's eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in coverage for participating employees that would change the information reported under paragraph (1). (c) Employer Notification of Employee Enrollment in Exchange Plans.--Subparagraph (J) of section 1311(d)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)(J)) is amended by striking ``to each employer'' and all that follows and inserting ``to each employer-- ``(i) the name of each employee of the employer who enrolls in a qualified health plan for a plan year, or whose dependents enroll in such a plan, at the time of such enrollment; or ``(ii) the name of each employee of the employer described in subparagraph (I)(ii) who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); and''. (d) Exemption From Reporting Requirement Under Internal Revenue Code of 1986.--Section 6056 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Exemption.--If, through the system created under section 3(a) of the Commonsense Reporting Act of 2015, an employer provides prospective reporting for any calendar year that meets the requirements of section 3(b)(1) of such Act-- ``(1) such employer shall be treated as satisfying the return requirements of subsections (a) and (b) for such year; and ``(2) such employer shall be treated as satisfying the requirements of subsection (c) for such year if the employer-- ``(A) furnishes the statement described in such section to those employees of the employer whose names have been provided to the employer by an Exchange under section 1311(d)(4)(J)(i) of the Patient Protection and Affordable Care Act regarding enrollment of the employee or a dependent in a qualified health plan (as defined in section 1301 of such Act) through the Exchange; and ``(B) furnishes a copy of such statement with respect to such employees to the Secretary.''. (e) Third-Party Filing.--An employer may contract with a third party to make the report under subsection (b)(1) without affecting the employer's treatment as having satisfied the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986. (f) Access to the National Directory of New Hires.--Subsection (i)(3) of section 453 of the Social Security Act (42 U.S.C. 653) is amended by adding at the end the following new sentence: ``The Secretary of the Treasury and the Secretary of Health and Human Services shall have access to the information in the National Directory of New Hires for purposes of administering section 36B and 4980H of the Internal Revenue Code of 1986 and section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). Subsection (k)(3) shall not apply to information received for purposes of the administration of such sections 36B and 4980H of such Code and section 1402 of such Act.''. (g) Improving Employee Access to Accurate EINs.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement guidance for allowing any employee of an employer to receive, on request, the employer's employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986. (h) Funding for Voluntary Prospective Reporting System.--It is the sense of Congress that building and maintaining the voluntary prospective reporting system described in this section will require appropriations to the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, and that necessary sums to carry out the requirements of this section should be appropriated for such purpose. SEC. 4. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer is unable to collect or maintain information on the TINs of such individuals (other than for purposes of this section), the Secretary may allow the individual's full name and date of birth to be substituted for the name and TIN. In the event the Secretary allows the use of the individual's full name and date of birth in lieu of the TIN, the Social Security Administration shall assist the Internal Revenue Service in providing data matches to determine the TIN associated with the name and date of birth provided by the Internal Revenue Service with respect to such individual.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. SEC. 5. ELECTRONIC STATEMENTS. (a) In General.--Subsection (c) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has affirmatively consented at any prior time, to the person who is the employer of the individual during the calendar year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes consent in writing with respect to the statement under this section.''. (b) Statements Relating to Health Insurance Coverage.--Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person required to make such statement (such as the provider of the individual's health coverage), to receive in electronic form any private health information (such as electronic health records), unless the individual revokes such consent in writing.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2015. SEC. 6. GAO STUDIES. (a) Study of Prospective Reporting System.--Not later than July 1, 2018, the Comptroller General of the United States shall conduct a study evaluating, with respect to the period beginning on January 1, 2017, and ending on December 31, 2017, the functionality of the prospective reporting system established under section 3 of this Act, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen. (b) Report.--The results of the study under subsection (a) shall be reported to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives.

Commonsense Reporting Act of 2015 This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to modify the requirements for employers to report health insurance coverage information to the Internal Revenue Service (IRS) by the end of the tax year. The bill changes the information that is required and permits employers to voluntarily report the information prior to the beginning of open enrollment. The Department of the Treasury must develop a prospective reporting system to permit: employers to voluntarily report specified health insurance coverage information before the annual open enrollment period; the exchanges, the Federal Marketplace Data Services Hub, and the IRS to access the information to provide the Department of Health and Human Services with information related to eligibility for advance payment of premium tax credits and cost-sharing subsidies; the exchanges to communicate with employers and employees regarding eligibility for the tax credits or cost-sharing subsidies; and employers to provide updates to the Federal Marketplace Data Services Hub regarding changes in coverage for employees. At the time of enrollment, exchanges must provide employers the names of employees and dependents that enroll in a qualified health plan for a year. If a health insurance issuer or employer is unable to obtain the Taxpayer Identification Number of a dependent, Treasury may permit the individual's full name and date of birth to be used instead. Employers participating in the reporting system established by this bill are exempt from the requirement to report health insurance coverage information to the IRS by the end of the tax year.

Commonsense Reporting Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Act of 2000''. SEC. 2. MASTER TEACHER DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Master teacher.--The term ``master teacher'' means a teacher who-- (A) is licensed or credentialed under State law; (B) has been teaching for at least 5 years in a public or private school or institution of higher education; (C) is selected upon application, is judged to be an excellent teacher, and is recommended by administrators and other teachers who are knowledgeable of the individual's performance; (D) at the time of submission of such application, is teaching and based in a public school; (E) assists other teachers in improving instructional strategies, improves the skills of other teachers, performs mentoring, develops curriculum, and offers other professional development; and (F) enters into a contract with the local educational agency to continue to teach and serve as a master teacher for at least 5 additional years. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Establishment of Demonstration Project.-- (1) In general.--Not later than July 1, 2001, the Secretary shall conduct a demonstration project under which the Secretary shall award competitive grants to local educational agencies to increase teacher salaries and employee benefits for teachers who enter into contracts with the local educational agencies to serve as master teachers. (2) Requirements.--In awarding grants under the demonstration project, the Secretary shall-- (A) ensure that grants are awarded under the demonstration project to a diversity of local educational agencies in terms of size of school district, location of school district, ethnic and economic composition of students, and experience of teachers; and (B) give priority to local educational agencies in school districts that have schools with a high proportion of economically disadvantaged students. (c) Applications.--In order to receive a grant under the demonstration project, a local educational agency shall submit an application to the Secretary that contains-- (1) an assurance that funds received under the grant will be used in accordance with this section; and (2) a detailed description of how the local educational agency will use the grant funds to pay the salaries and employee benefits for positions designated by the local educational agency as master teacher positions. (d) Matching Requirement.--The Secretary may not award a grant to a local educational agency under the demonstration project unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly, through the State, or through a combination thereof) in non-Federal contributions an amount equal to the amount of the grant awarded to the agency. (e) Study and Report.-- (1) In general.--Not later than July 1, 2005, the Secretary shall conduct a study and transmit a report to Congress analyzing the results of the demonstration project conducted under this section. (2) Contents of report.--The report shall include-- (A) an analysis of the results of the project on-- (i) the recruitment and retention of experienced teachers; (ii) the effect of master teachers on teaching by less experienced teachers; (iii) the impact of mentoring new teachers by master teachers; and (iv) the impact of master teachers on student achievement; and (B) recommendations regarding-- (i) continuing or terminating the demonstration project; and (ii) establishing a grant program to expand the project to additional local educational agencies and school districts. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000, for the period of fiscal years 2001 through 2005.

Sets forth requirements for project grant awards, priority for LEAs in school districts that have schools with a high proportion of economically disadvantaged students, applications, non-Federal contributions, and a study and report. Authorizes appropriations.

Master Teacher Act of 2000

SECTION 1. CENTER FOR TECHNICAL ASSISTANCE FOR NON-DEPARTMENT HEALTH CARE PROVIDERS WHO FURNISH CARE TO VETERANS IN RURAL AREAS. (a) Establishment in Department of Veterans Affairs Authorized.-- (1) In general.--The Secretary of Veterans Affairs may establish in the Department of Veterans Affairs a center for technical assistance to assist non-Department health providers who furnish care to veterans in rural areas. (2) Designation.--The center authorized by paragraph (1) may be known as the ``Rural Veterans Health Care Technical Assistance Center'' (in this section referred to as the ``Center''). (b) Director.--The head of the Center shall be the Director of the Rural Veterans Health Care Technical Assistance Center, who shall be appointed by the Secretary from among individuals who-- (1) are qualified to carry out the duties of the Director; and (2) have significant knowledge and experience working for or with a non-Department health care provider that furnishes care to veterans in rural areas. (c) Location.--The Secretary shall select the location of the Center. In selecting the location of the Center, the Secretary shall give preference to a location that-- (1) has in place infrastructure appropriate for the functions of the Center; (2) is located in a State that has-- (A) a high number of veterans in rural and highly rural areas (including veterans not enrolled in the system of annual patient enrollment established under section 1705 of title 38, United States Code); and (B) a history of strong collaboration-- (i) between the Veterans Health Administration and non-Department health providers who furnish care to veterans; and (ii) between the Veterans Health Administration and a State institution of higher education that maintains links to or contracts with a State office of rural health and another rural health program; and (3) is in proximity to one or more entities carrying out programs and activities relating to health care for rural populations (including rural populations of veterans), including an institution of higher education carrying out such programs and activities that is willing to enter into a partnership with the Center to assist and collaborate with the Center in the discharge of its functions. (d) Functions.--The functions of the Center shall be as follows: (1) To develop and disseminate information, educational materials, training programs, technical assistance and materials, and other tools to improve access to health care services for veterans in rural areas and to otherwise improve the health care provided veterans by non-Department health care providers. (2) To improve collaboration on health care matters, including exchange of health information, for veterans receiving health care from both Department and non-Department providers of health care services between the Department and other health care providers serving rural populations, including rural health clinics, community health centers serving rural populations, critical access hospitals serving rural populations, small rural hospitals, telehealth networks, and other rural health care providers and systems. (3) To establish and maintain Internet-based information (including practical models, best practices, research results, and other appropriate information) on mechanisms to improve health care for veterans in rural areas. (4) To work with existing Government offices and agencies on health care for rural populations and veterans health care, including the Office of Rural Health of the Department of Veterans Affairs and the Office of Rural Health Policy of the Health Resources and Services Administration of the Department of Health and Human Services, on programs, activities, and other mechanisms for improving health care for rural veterans. (5) To track and monitor fee expenditures of the Department relating to non-Department health care providers serving rural populations and to evaluate the Center through the use of an independent entity experienced and knowledgeable about rural health care matters, such non-Department providers, and programs and services of the Department. (e) Discharge of Functions Through Partnerships.--For purposes of discharging its functions under subsection (d), the Center may enter into partnerships with persons and entities (including small business concerns owned by veterans or veterans with service-connected disabilities) that have demonstrated expertise in the provision of educational and technical assistance for veterans in rural areas, health care providers serving rural populations, and persons and entities seeking to enter into contracts with the Federal Government in matters relating to the functions of the Center, including the provision of educational and technical assistance relating to telehealth, reimbursement for health care, improvement of quality of care, and contracting with the Federal Government.

Authorizes the Secretary of Veterans Affairs to establish within the Department of Veterans Affairs (VA) a center for technical assistance to assist non-VA health providers who furnish care to veterans in rural areas. Makes the head of such center the Director of the Rural Veterans Health Care Technical Assistance Center. Requires the Secretary, in selecting the center's location, to give preference to a location that, among other things: (1) has a high number of veterans in rural and highly rural areas, and (2) is near one or more entities carrying out programs and activities relating to health care for rural populations.

A bill to authorize the establishment in the Department of Veterans Affairs of a center for technical assistance for non-Department health care providers who furnish care to veterans in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Marine Mammal Research Program Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) populations of marine mammals that occur in waters of the United States are resources of substantial ecological, scientific, socioeconomic, and esthetic value; (2) although progress has been made toward understanding the impacts of human activities and natural environmental changes on marine mammal populations, much work remains to be done; (3) some marine mammal populations are in various stages of recovery, while many others remain critically endangered and their status has not improved or has declined; (4) there is a clear need to better understand, evaluate, and mitigate the impacts on marine mammals and other marine species of an array of anthropogenic activities; (5) data gaps and scientific uncertainty present resource managers with significant challenges in implementing the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (6) funding has been insufficient to support all of the research required to fully understand and properly conserve and manage marine mammal populations; (7) in particular, in a recent report to Congress the Marine Mammal Commission recommended the establishment of a research program, the initial goal of which is to improve understanding of anthropogenic sound, its biologically significant effects on marine mammals and marine ecosystems, and effective means for mitigating and monitoring those effects; (8) understanding marine mammals through research is essential for using the oceans wisely and protecting marine living resources, and the United States should maintain its world leadership in marine mammal science and oceanography as one key to its competitive future; and (9) the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) has research and management responsibilities under that Act that make it the appropriate entity to administer a marine mammal research program. SEC. 3. NATIONAL MARINE MAMMAL RESEARCH PROGRAM. (a) Establishment of Program.--Title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401 et seq.) is amended-- (1) by inserting after the title heading the following: ``Subtitle A--General Provisions''; and (2) by adding at the end the following: ``Subtitle B--Marine Mammal Research ``SEC. 221. NATIONAL MARINE MAMMAL RESEARCH PROGRAM. ``(a) Establishment.--The Commission shall establish a program to be known as the `National Marine Mammal Research Program'. ``(b) Purposes.--The purposes of the program are as follows: ``(1) To undertake research to improve the Nation's understanding of marine mammals, the factors, natural and human related, that affect and threaten the health of their populations and habitats, and the means of mitigating those effects to ensure marine mammal conservation. ``(2) To coordinate and strengthen scientific research efforts in support of those goals by-- ``(A) identifying and developing partnerships among Federal agencies, academia, industry, and other members of the oceanographic and marine mammal scientific communities in the areas of data collection, research, resource management public education, and communication; and ``(B) reporting annually to Congress on the program. ``(c) Duties.--The Commission shall-- ``(1) prescribe such policies and procedures necessary to implement the Research Program; ``(2) implement and support the Research Coordinating Committee, established under section 222; ``(3) supervise the performance of duties by the Program Office established under subsection (d); ``(4) prepare an annual report to Congress on research undertaken and benefits thereof; and ``(5) conduct periodic program reviews. ``(d) Authorities.--The Commission shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this section, including the authority to-- ``(1) enter into contracts, make grants, or enter other arrangements as may be necessary for the purpose of implementing the Research Program and carrying out the responsibilities of the Research Coordinating Committee established under section 222-- ``(A) with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm, association, corporation, or educational institution; ``(B) with or without reimbursement; ``(C) without performance or other bonds; and ``(D) without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); ``(2) accept and use the services of voluntary and uncompensated personnel necessary for the conduct of the work of the Research Program and provide transportation and subsistence as authorized by section 5703 of title 5, United States Code, for persons serving without compensation; and ``(3) prescribe such rules and regulations as it determines necessary governing the operation and organization of the Research Program. ``(e) National Marine Mammal Research Program Office.-- ``(1) Establishment.--The Commission shall establish a National Marine Mammal Research Program Office for the Research Program. The Commission shall use competitive procedures in selecting an operator for the Program Office. ``(2) Duties.--The Commission shall assign the following duties to the Program Office: ``(A) Work with the Commission and the Research Coordinating Committee to draft the program announcement, identify proposal selection criteria, organize and conduct an independent peer review of the proposals, and recommend to the Commission and Research Coordinating Committee projects and funding allocations for implementation under the Research Program. ``(B) Manage the process for soliciting proposals for research, including managing peer review of such projects, subject to oversight and approval by the Commission and the Research Coordinating Committee. ``(C) Submit an annual report on the status of all projects and activities of the office, for review by the Research Coordinating Committee and final approval and release by the Commission. ``(D) Undertake any additional duties for the administration of the Research Program that the Commission or the Research Coordinating Committee considers appropriate. ``(f) Annual Report.--The Commission shall transmit to Congress an annual report on progress made in implementing this subtitle. The report shall contain the following: ``(1) A description of activities of the Research Program carried out during the preceding fiscal year, with a list of the members of the Research Coordinating Committee and any subcommittees in existence during the fiscal year. ``(2) A general outline of the activities planned or conducted for the Research Program during the fiscal year for which the report is prepared. ``(3) A description of the involvement of the Research Program with Federal interagency coordinating entities. ``(4) The programs, projects, and activities of the Research Program and the estimated expenditures under such programs, projects, and activities during the subsequent fiscal year. ``SEC. 222. NATIONAL MARINE MAMMAL RESEARCH COORDINATING COMMITTEE. ``(a) Committee.--The President, after consultation with the Commission, shall create a National Marine Mammal Research Coordinating Committee. ``(b) Membership.-- ``(1) In general.--The Research Coordinating Committee shall be composed of representatives of the following with experience relevant to the purposes of this subtitle: ``(A) The Secretary of the Navy. ``(B) The Administrator of the National Oceanic and Atmospheric Administration. ``(C) The Director of the National Science Foundation. ``(D) The Administrator of the National Aeronautics and Space Administration. ``(E) The Administrator of the Environmental Protection Agency. ``(F) The Commandant of the Coast Guard. ``(G) The Director of the United States Fish and Wildlife Service. ``(H) The Director of the United States Geological Survey. ``(I) The Director of the Minerals Management Service. ``(J) The President of the National Academy of Sciences. ``(K) The Director of the Office of Science and Technology Policy. ``(L) The Director of the Office of Management and Budget. ``(M) The Executive Director of the Commission. ``(N) One member appointed by the Research Coordinating Committee from among individuals who will represent the views of ocean industries with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. ``(O) One member appointed by the Research Coordinating Committee from among individuals who will represent the views of State governments with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. ``(P) One member appointed by the Research Coordinating Committee from among individuals who will represent the views of academia with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. ``(Q) One member appointed by the Research Coordinating Committee from among individuals who will represent the views of the marine conservation community with expertise in marine mammal biology, marine ecology, oceanography, or marine policy. ``(R) One member appointed by the Research Coordinating Committee from among individuals who will represent such other views as the chairman of such committee considers appropriate. ``(2) FACA.--The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Research Coordinating Committee. ``(3) Limitation on service on committee of scientific advisors on marine mammals.--A member of the Research Coordinating Committee may not simultaneously serve as a member of the Committee of Scientific Advisors on Marine Mammals established under section 203. ``(c) Chairman and Vice Chairman.--The Executive Director of the Marine Mammal Commission shall be the chairman of the Research Coordinating Committee and the Administrator of the National Oceanic and Atmospheric Administration shall be the vice chairman of the Research Coordinating Committee. The chairman may create subcommittees chaired by the representative of any member agency of the Research Coordinating Committee to, among other tasks, receive advice, input, or comments from experts on the national marine mammal research plan developed under section 223. ``(d) Term of Office.--The term of office of a member of the Research Coordinating Committee appointed under subparagraph (N), (O), (P), (Q), or (R) of subsection (b)(1) shall be 3 years, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. ``(e) Responsibilities.--The Research Coordinating Committee shall have the following responsibilities: ``(1) Develop a national marine mammal research plan under section 223. ``(2) Facilitate cooperation among Federal agencies and departments with respect to marine mammal research. ``(3) Revise as necessary and approve the program announcement developed by the Program Office. ``(4) Estimate, to the extent practicable, Federal funding needed for marine mammal research activities to be conducted under the Plan. ``(5) Review and revise, at a minimum every 3 years or as necessary the marine mammal research plan. ``(f) Contract and Grant Authority.-- ``(1) In general.--The Federal departments and agencies involved in the Research Coordinating Committee may participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any Federal participant on the Research Coordinating Committee for the purposes of carrying out any administrative or programmatic project or activity under this subtitle, including support for the Program Office and the Research Program. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Research Coordinating Committee member and the costs of the same. ``(2) Volunteers and gifts, devises, and bequests.--For the purposes of carrying out this subtitle the Commission may accept, solicit, and use the services of volunteers, and may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests. ``(g) National Research Council Evaluation.--The chairman of the Research Coordinating Committee shall seek to enter into an agreement with the National Research Council under which the National Research Council shall periodically evaluate the scientific content of the Plan and the implementation of the research conducted under the Research Program and provide information and advice obtained from United States and international sources and recommendations for priorities for future marine mammal research. ``(h) Public Participation.--The Executive Director of the Commission shall publish the Plan, and any revision thereof, in the Federal Register for a public comment period of not less than 60 days. ``SEC. 223. NATIONAL MARINE MAMMAL RESEARCH PLAN. ``The Research Coordinating Committee shall develop within one year after the date of enactment of this subtitle a comprehensive 5-year national marine mammal research plan to-- ``(1) improve understanding of marine mammals, their health, and their role in the marine environment; ``(2) characterize the impact of human-related activities on marine mammals, at the individual, population, and ecosystem levels; ``(3) evaluate existing conservation, mitigation, and monitoring measures; ``(4) develop more effective management measures for marine mammals; and ``(5) identify critical research gaps and uncertainties, establish research priorities, and estimate the budgets needs for each of the priorities. ``SEC. 224. DEFINITIONS. ``In this subtitle: ``(1) Plan.--The term `Plan' means the national marine mammal research plan developed under section 223. ``(2) Program.--The term `Program' means the National Marine Mammal Research Program established under section 221(a). ``(3) Program office.--The term `Program Office' means the National Marine Mammal Research Program Office established under section 221(f). ``(4) Research coordinating committee.--The term `Research Coordinating Committee' means the National Marine Mammal Research Coordinating Committee created under section 222(a). ``SEC. 225. AUTHORIZATION OF APPROPRIATIONS. ``In addition to amounts otherwise authorized to be appropriated, there is to be authorized to be appropriated to the Commission to implement this subtitle $25,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended-- (1) by inserting after the item for the heading for title II the following: ``Subtitle A--General Provisions''; and (2) by adding at the end of the items for title II the following: ``Subtitle B--Marine Mammal Research ``221. National Marine Mammal Research Program. ``222. National Marine Mammal Research Coordinating Committee. ``223. National Marine Mammal Research Plan. ``224. Definitions. ``225. Authorization of appropriations.''.

National Marine Mammal Research Program Act of 2007 - Amends the Marine Mammal Protection Act of 1972 to require the Marine Mammal Commission to establish the National Marine Mammal Research Program and a National Marine Mammal Research Program Office for the Research Program. Includes in the Program's purposes: (1) undertaking research on marine mammals, the factors that affect their populations and habitats, and related mitigation; and (2) coordinating and strengthening scientific research by developing partnerships among federal agencies, academia, industry, and other members of the oceanographic and marine mammal scientific communities. Authorizes the Commission to enter into contracts, make grants, or enter other arrangements as necessary to carry out the Program. Directs the President to create a National Marine Mammal Research Coordinating Committee, including in its duties: (1) developing a national marine mammal research plan; and (2) seeking to enter into an agreement with the National Research Council to periodically evaluate the scientific content of the plan and the implementation of research conducted under the Program.

To authorize the Marine Mammal Commission to establish a national research program to fund basic and applied research on marine mammals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins Modernization Act of 2014''. SEC. 2. PURPOSES. Section 2 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301) is amended-- (1) in paragraph (1), by striking ``high skill, high wage, or high demand occupations in current or emerging professions'' and inserting ``employment in current or emerging in-demand industry sectors or occupations''; (2) by striking ``and'' at the end of paragraph (6); and (3) by adding at the end the following: ``(8) Aligning the skills, certifications, and credentials of secondary and postsecondary students who enroll in career and technical education programs with the skills, certifications, and credentials needed by employers in the labor markets served by the educational institutions. ``(9) Ensuring that the selection of skills, certifications, and credentials acquired by career and technical education students is guided by timely labor market information.''. SEC. 3. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended by adding at the end the following: ``(35) In-demand industry sector or occupation.-- ``(A) In general.--The term `in-demand industry sector or occupation' means an industry sector or occupation that-- ``(i) has or is projected to have a substantial role or a positive economic impact in the economy of the area served by an eligible institution; ``(ii) provides workers with jobs that lead to economic self-sufficiency and opportunities for advancement; and ``(iii) is documented in labor market information collected by State agencies, Federal agencies, workforce investment boards, or other third-party organizations engaged in labor market research. ``(B) Determination.--The determination of whether an industry sector or occupation is an in-demand industry sector or occupation under this paragraph shall be made using State, local, regional, or national labor market information collected by State agencies, Federal agencies, local entities, workforce investment boards, or other third-party organizations engaged in labor market research. Industry sectors and occupations may be identified as in-demand on a current or an emerging basis, as labor market information may describe current workforce demographics and may also identify projected labor market trends.''. SEC. 4. ACCOUNTABILITY. Section 113(b)(2)(B)(iv) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)(iv)) is amended by striking ``high skill, high wage, or high demand occupations in current or emerging professions'' and inserting ``employment in in- demand industry sectors or occupations''. SEC. 5. NATIONAL ACTIVITIES. Section 114(d) of the of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)) is amended-- (1) in paragraph (2)(B)(iii)(II)-- (A) by striking ``high skill, high wage occupations (including those in which mathematics and science skills are critical)''; and (B) by inserting ``in-demand industry sectors or occupations'' after ``employment in''; and (2) in paragraph (4)(A)(i)(V)-- (A) by striking ``high skill, high wage, or high demand business and industry''; and (B) by inserting ``in-demand industry sectors or occupations'' after `` occupations in''. SEC. 6. OCCUPATIONAL AND EMPLOYMENT INFORMATION. Section 118(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2328) is amended in paragraphs (1), (3), and (4) by striking ``high skill, high wage, or high demand occupations and non-traditional fields'' each place it appears and inserting ``employment in in-demand industry sectors or occupations''. SEC. 7. STATE PLAN. Section 122(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(ii), by inserting ``and careers in in-demand industry sectors or occupations'' after ``in postsecondary education''; (B) in subparagraph (H)-- (i) by striking ``entry into high skill, high wage, or high demand occupations in current or emerging occupations''; and (ii) by inserting ``for employment in in- demand industry sectors or occupations'' after ``or''; and (C) in subparagraph (I)(iii)-- (i) by striking ``high skill, high wage, or high demand occupations''; and (ii) by inserting ``in-demand industry sectors or occupations'' after ``in''; (2) in paragraph (4), by inserting ``or into employment in an in-demand industry sector or occupation'' after ``institutions of higher education''; (3) in paragraph (9)(C)-- (A) by striking ``high skill, high wage, or high demand occupations''; and (B) by inserting ``employment in an in-demand industry sector or occupation'' after ``further learning and for''; and (4) in paragraph (18)-- (A) by striking ``high skill, high wage, or high demand occupations and non-traditional fields''; and (B) by inserting ``employment in in-demand industry sectors or occupations'' after ``for''. SEC. 8. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``high skill, high wage, or high demand occupations''; and (ii) by inserting ``employment in in-demand industry sectors or occupations'' after ``for''; (B) in paragraph (2)(C), by inserting ``, equipment,'' after ``internships''; (C) in paragraph (5)-- (i) by striking ``high skill, high wage occupations''; and (ii) by inserting ``employment opportunities in in-demand industry sectors or occupations'' after ``to''; (D) in paragraph (8)-- (i) by striking ``high skill, high wage, or high demand''; and (ii) by inserting ``employment in in-demand industry sectors or'' after ``to''; and (E) by inserting after paragraph (9) the following: ``(10) Analyzing labor market information collected by State agencies, Federal agencies, workforce investment boards, or other third-party organizations engaged in labor market research in order to ensure that programs of study in career and technical education align with labor market needs.''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, and encouraging secondary students to pursue dual enrollment coursework as well as industry licenses, certificates, and other post- secondary credentials'' after ``degree''; and (ii) in subparagraph (B)-- (I) by striking ``high skill, high wage occupations and non-traditional fields''; and (II) by inserting ``employment opportunities in in-demand industry sectors or occupations and supporting students in the pursuit of internships and opportunities for experiential learning'' after ``to''; and (B) in paragraph (9)-- (i) by striking ``high skill, high wage, or high demand occupations''; and (ii) by inserting ``employment opportunities in in-demand industry sectors or occupations'' after ``for''. SEC. 9. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION. Section 134(b)(8)(C) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)(8)(C)) is amended by striking ``high skill, high wage, or high demand'' and inserting ``employment opportunities in in-demand industry sectors or''. SEC. 10. LOCAL USES OF FUNDS. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)(9)-- (A) by striking ``high skill, high wage, or high demand''; and (B) by inserting ``employment opportunities in in- demand industry sectors or'' after ``for''; and (2) in subsection (c)(12)-- (A) by striking ``high skill, high wage, or high demand''; and (B) by inserting ``employment opportunities in in- demand industry sectors or'' after ``technically for''.

Perkins Modernization Act of 2014 - Amends the Carl D. Perkins and Technical Education Act of 2006 to revise its purposes, which are to develop more fully the academic and career and technical skills of secondary education students and postsecondary students who elect to enroll in career and technical education programs (as under current law), by: (1) preparing those students for employment in current or emerging in-demand industry sectors or occupations; (2) aligning the skills, certifications, and credentials of the students with those needed by employers in the labor markets served by educational institutions; and (3) ensuring that the selection of skills, certifications, and credentials acquired by such students is guided by timely labor market information. Defines "in-demand industry sector or occupation" to mean an industry sector or occupation that: (1) has or is projected to have a substantial role or a positive economic impact in the economy of the area served by an eligible institution; (2) provides workers with jobs that lead to economic self-sufficiency and opportunities for advancement; and (3) is documented in labor market information collected by state and federal agencies, workforce investment boards, or other third-party organizations.

Perkins Modernization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Confinement Conditions Improvement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) recent studies have established that youth are developmentally different from adults, and these developmental differences need to be taken into account at all stages and in all aspects of the adult criminal justice system; (2) pretrial release or detention of juveniles awaiting trial in adult criminal court should only occur after consideration of their special characteristics and the nature of their offenses; (3)(A) if detained or incarcerated, juveniles under the jurisdiction of an adult criminal court should be housed in institutions or facilities separate from adult facilities until their eighteenth birthday; and (B) those juveniles should not have sight or sound contact with adult inmates; (4) juveniles detained or incarcerated under the jurisdiction of an adult criminal court should be provided access to programs that address their educational, substance abuse treatment, health, mental health, and vocational needs; (5) juveniles detained or incarcerated under the jurisdiction of an adult criminal court should be provided with the mechanisms to report instances of physical, mental, or psychological abuse or intimidation, and allegations of such abuse or intimidation should be promptly investigated, and if proven correct, should be properly remedied; (6) transfer to and sentencing of juveniles in the adult criminal court system should be based on consideration of the individual characteristics of the juvenile and the nature of the offense committed; (7) according to recent studies, juveniles who are placed in adult facilities are more likely to commit future crimes; (8) housing juveniles with, or in close proximity to, adult inmates creates difficulties and potentially unsafe conditions for jail and prison personnel, and juveniles and adult inmates, since many adult jails and prisons lack the physical structure, programming, and trained personnel to manage juveniles effectively; (9) according to the Department of Justice, the suicide rate for juveniles in adult jails is nearly 8 times higher than the rate in juvenile detention, and the highest rate of suicide in jail occurs during the first 24 hours of commitment; (10) according to the Department of Justice, juveniles in adult facilities are 5 times more likely to be sexually assaulted, twice as likely to be beaten by staff, and 50 percent more likely to be attacked with a weapon than adolescents in a juvenile facility; and (11) rural States and economically depressed communities have pronounced difficulties in providing secure custody for juvenile offenders apart from adult inmates. SEC. 3. PURPOSE. The purpose of this Act is to provide incentives and funding assistance for States to reduce dangerous and unsafe conditions in the detention and incarceration of juvenile offenders under the jurisdiction of an adult criminal court, including separating those juvenile offenders from adult prisoners and ensuring that corrections officers who supervise them receive training in supervision issues unique to juveniles. SEC. 4. DEFINITION. In this Act, the term ``juvenile'' means an individual who has not reached the age of 18. TITLE I--JUVENILE SAFE INCARCERATION GRANT PROGRAM SEC. 101. GRANT AUTHORITY. The Assistant Attorney General for the Office of Justice Programs, established under section 101 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, in consultation with the Office of Juvenile Justice and Delinquency Prevention, may make grants to States, units of local government, and Indian tribes for the development and implementation of programs designed to-- (1) alter existing correctional facilities, or develop separate facilities, to provide separate facilities for juveniles who are detained or are serving sentences in adult prisons or jails under the jurisdiction of an adult criminal court; (2) provide correctional staff who are responsible for supervising juveniles who are detained or are serving sentences in adult prisons or jails under the jurisdiction of an adult criminal court with orientation and ongoing training to address the developmental, educational, vocational, and mental and physical health needs of those offenders; (3) provide ombudsmen to monitor the treatment of juveniles who are detained or are serving sentences in adult prisons or jails under the jurisdiction of an adult criminal court; (4) provide access to educational programs, vocational training, mental and physical health assessment and treatment, and drug treatment for juveniles who are serving sentences under the jurisdiction of an adult criminal court; or (5) seek alternatives, including the expansion of juvenile facilities, to housing juveniles under the jurisdiction of an adult criminal court with adult inmates. SEC. 102. ADMINISTRATION. (a) Guidelines.--The Assistant Attorney General may issue guidelines necessary to carry out this title. (b) Applications.--In addition to any other requirements that may be specified by the Assistant Attorney General, an application for a grant under this title shall-- (1) include a detailed implementation plan addressing each of the purposes in section 101 and a timeline for the implementation of those purposes; (2) address the capability of the applicant to continue the proposed program following the conclusion of Federal support; (3) describe the methodology that will be used in evaluating the program; and (4) certify that the State applicant (or the State in which the applicant is located) has developed guidelines on the use of isolation and separation and on the appropriate use of force against incarcerated juveniles, and has prohibited the use of electroshock devices, 4-point restraints, chemical restraints, and restraint chairs. SEC. 103. APPLICATIONS. (a) In General.--To request funds under this title, applicants shall submit an application to the Assistant Attorney General in such form and containing such information as the Assistant Attorney General may reasonably require. (b) Competitive Grants.--Funding under this title shall be awarded on a competitive basis based on criteria established by the Assistant Attorney General and specified in program guidelines. SEC. 104. FEDERAL SHARE. (a) In General.--The Federal share of a grant made under this title may not exceed 75 percent of the total cost of the program described in the application submitted for the fiscal year for which the program receives assistance under section 101, unless the Assistant Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. (b) In-Kind Contributions.--In-kind contributions may constitute a portion of the non-Federal share of a grant under this title. SEC. 105. GEOGRAPHIC DISTRIBUTION. (a) In General.--The Assistant Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards under this title is made, with rural representation. (b) Minimum Allocation.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, that State, together with grantees within the State, shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants under this title. (c) Indian Tribes.--Indian tribes shall receive 0.75 percent of the total amount appropriated in the fiscal year for grants under this title. SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. (a) Technical Assistance and Training.--The Assistant Attorney General may provide technical assistance and training in furtherance of the purposes of this title. (b) Evaluation.--In addition to any evaluation requirements that may be prescribed for grantees, the Assistant Attorney General may carry out or make arrangements for a rigorous evaluation of the programs that receive support under this title. (c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Assistant Attorney General or through grants, contracts, or cooperative arrangements with other entities. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal years 2002 through 2006. (b) Permanent Set-Aside for Research and Evaluation.--The Assistant Attorney General shall reserve not less than 1 percent and not more than 3 percent of the sums appropriated under this section in each fiscal year for research and evaluation of this program. TITLE II--TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT PROGRAMS SEC. 201. TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT PROGRAMS. Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows: ``(b) Allocation for Truth-in-Sentencing and Violent Offender Incarceration Grants.-- ``(1) Use of funds.--Funds provided under section 20103 or 20104 may be applied to the cost of-- ``(A) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails; ``(B) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and ``(C) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General. ``(2) Eligibility for additional funds.--Any State that uses 10 percent of the funds for which it is eligible under sections 20103 and 20104 for the purposes described in this subsection shall receive a 5 percent increase in the funds to which it is entitled under those sections.''. TITLE III--REAUTHORIZATION OF THE JJDPA SEC. 301. REAUTHORIZATION FOR THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. Title I of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``SEC. 104. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this Act such sums as necessary for each of fiscal years 2002 through 2004.''. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. STUDY OF THE EFFECT OF SENTENCING JUVENILE DRUG OFFENDERS AND NONVIOLENT OFFENDERS AS ADULTS. Not later than 1 year after the date of enactment of this Act, the Bureau of Justice Statistics and the Office of Juvenile Justice and Delinquency Prevention shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report regarding the sentencing of juvenile offenders as adult criminal offenders, which shall include-- (1) the identity of States that sentence juvenile drug offenders and nonviolent juvenile offenders as adults, the number of juveniles so sentenced in each State, and the offenses for which those juveniles were sentenced; (2) demographic information, including the age, race, ethnicity, gender, and socioeconomic status of juvenile drug offenders and nonviolent juvenile offenders sentenced as adults by a State; (3) the effectiveness of such sentences in reducing drug- related crime; and (4) the overall effect of the imposition of such sentences upon State corrections systems. SEC. 402. RURAL STATE FUNDING. (a) In General.--The Assistant Attorney General, in consultation with the Office of Juvenile Justice and Delinquency Prevention, shall provide grants to provide custodial facilities appropriate for violent juvenile offenders in rural States and economically distressed communities that lack the resources to provide secure custody. (b) Definition of Rural State.--In this section, the term ``rural State'' has the same meaning as in section 1501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)). (c) Equitable Allocation of Awards.--In making awards under subsection (a), the Assistant Attorney General shall ensure that the awards are equitably allocated among the principal geographic regions of the United States, subject to the availability of qualified applicants for the awards. (d) Evaluations; Dissemination of Findings.-- (1) Evaluations.--The Assistant Attorney General shall, directly or through contract, provide for the conduct of evaluations of programs carried out pursuant to subsection (a). (2) Dissemination of findings.--The Assistant Attorney General shall disseminate the findings made as a result of the evaluation to the States and the Committees on the Judiciary of the Senate and the House of Representatives. (e) Minimum Allocation.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State, shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2002, 2003, and 2004. SEC. 403. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall conduct a study and report to the Committees of the Judiciary of the House of Representatives and the Senate on the prevalence and effects of the use of electroshock weapons, 4-point restraints, chemical restraints, restraint chairs, and solitary confinement against juvenile offenders in the Federal and State criminal and juvenile corrections systems. SEC. 404. FAMILY UNITY DEMONSTRATION PROJECT. Section 31904(a) of the Family Unity Demonstration Project Act (42 U.S.C. 13883(a)) is amended by striking paragraphs (1) through (5) and inserting the following: ``(1) $5,400,000 for fiscal year 2002; and ``(2) such sums as may be necessary for each of fiscal years 2003 through 2006.''. SEC. 405. NOTIFICATION AFTER ARREST. Section 5033 of title 18, United States Code, is amended-- (1) in the first sentence-- (A) by striking ``arresting officer'' and inserting ``arresting officer or another representative of the Attorney General''; and (B) by striking ``comprehensive to a juvenile'' and inserting ``reasonably calculated to be comprehensible to a juvenile''; and (2) in the second sentence, by striking ``arresting officer'' and inserting ``arresting officer or another representative of the Attorney General''.

Children's Confinement Conditions Improvement Act of 2001 - Authorizes the Assistant Attorney General for the Office of Justice Programs to make grants for programs designed to: (1) alter existing correctional facilities, or develop separate facilities, to provide separate facilities for juveniles; (2) provide correctional staff responsible for supervising juveniles with orientation and ongoing training; (3) provide ombudsmen; (4) provide access to educational programs, vocational training, mental and physical health assessment and treatment, and drug treatment for juveniles; or (5) seek alternatives to housing juveniles with adult inmates.Authorizes the use of truth-in-sentencing and violent offender incarceration grants for purposes (1) through (3) above.Requires: (1) the Bureau of Justice Statistics and the Office of Juvenile Justice and Delinquency Prevention to report regarding the sentencing of juvenile offenders as adult criminal offenders; (2) the Assistant Attorney General to provide grants to provide custodial facilities appropriate for violent juvenile offenders in certain rural States and economically distressed communities; and (3) the General Accounting Office to study and report on the prevalence and effects of the use of electroshock, specified restraints, and solitary confinement against juvenile offenders.Directs that whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer (current law) or another representative of the Attorney General immediately advise such juvenile of his legal rights, in language reasonably calculated to be comprehensible (currently, in language comprehensive) to a juvenile.

A bill to provide for safe incarceration of juvenile offenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Petroleum Security Act of 1993''. SEC. 2. FEE ON IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS ``Sec. 5891. Imposition of tax. ``Sec. 5892. Definitions. ``Sec. 5893. Registration. ``Sec. 5894. Procedures; returns; penalties. ``SEC. 5891. IMPOSITION OF TAX. ``(a) Imposition of Tax.--In addition to any other tax imposed under this title, an excise tax is hereby imposed on-- ``(1) the first sale within the United States of each barrel (or its equivalent) of-- ``(A) any crude oil, or ``(B) any refined petroleum product, that has been imported into the United States, and ``(2) the use within the United States of each barrel (or its equivalent) of-- ``(A) any crude oil, or ``(B) any refined petroleum product, that has been imported into the United States if no tax has been imposed with respect to such crude oil or refined petroleum product prior to such use. ``(b) Rate of Tax.-- ``(1) Crude oil.--For purposes of paragraphs (1)(A) and (2)(A) of subsection (a) the rate of tax on any barrel (or its equivalent) shall be the excess, if any, of-- ``(A) $25, over ``(B) the energy policy price per barrel of crude oil. ``(2) Refined petroleum product.--For purposes of paragraphs (1)(B) and (2)(B) of subsection (a), the rate of tax on any barrel (or its equivalent) shall be equal to-- ``(A) $3, plus ``(B) the tax determined under paragraph (1) of this subsection. ``(3) Fractional parts of barrels.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Determination of Energy Policy Price.-- ``(1) In general.--For purposes of this section, the energy policy price with respect to any week during which the tax under subsection (a) is imposed shall be determined by the Secretary and published in the Federal Register on the first day of such week. ``(2) Basis of determination.--For purposes of paragraph (1), the energy policy price for any week is the weighted average international price of a barrel of crude oil for the preceding 4 weeks as determined by the Secretary, after consultation with the Administrator of the Energy Information Administration of the Department of Energy, pursuant to the formula for determining such international price as used in publishing the Weekly Petroleum Status Report and as in effect on the date of the enactment of this section. ``(d) Liability for Payment of Tax.-- ``(1) Sales.--The taxes imposed by subsection (a)(1) shall be paid by the first person who sells the crude oil or refined petroleum product within the United States. ``(2) Use.--The taxes imposed by subsection (a)(2) shall be paid by the person who uses the crude oil or refined petroleum product. ``(3) Tax-free exports.-- ``(A) In general.--Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter on the sale of crude oil or refined petroleum products for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export.--Where any crude oil or refined petroleum product has been sold free of tax under subparagraph (A), such subparagraph shall cease to apply with respect to the sale of such crude oil or refined petroleum product, unless, within the 6-month period which begins on the date of the sale, the seller receives proof that the crude oil or refined petroleum product, has been exported. ``SEC. 5892. DEFINITIONS. ``For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' means crude oil other than crude oil produced from a well located in the United States (within the meaning of section 638(2)) or a possession of the United States. ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Refined petroleum product.--The term `refined petroleum product' shall have the same meaning given to such term by section 3(5) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 752(5)). ``(4) Export.--The term `export' includes shipment to a possession of the United States; and the term `exported' includes shipment to a possession of the United States. ``SEC. 5893. REGISTRATION. ``Every person subject to tax under section 5891 shall, before incurring any liability for tax under such section, register with the Secretary. ``SEC. 5894. PROCEDURES; RETURNS; PENALTIES. ``For purposes of this title, the tax imposed by section 5891 shall be treated in the same manner as the tax imposed by section 4986 (as in effect before its repeal).'' (b) Conforming Amendment.--The table of chapters for subtitle E is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil or refined petroleum products.'' (c) Deductibility of Imported Oil Tax.--The first sentence of section 164(a) (relating to deductions for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The imported oil taxes imposed by section 5891.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to sales and use of imported crude oil or imported refined petroleum products on or after the date of enactment.

Domestic Petroleum Security Act of 1993 - Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of any crude oil or refined petroleum product imported into the United States. (The tax is imposed on first use if no prior tax has been imposed.) Exempts crude oil and refined petroleum products purchased for export or resale by the purchaser to a second purchaser for export.

Domestic Petroleum Security Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Strategic Partnership Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people and the Governments of the United States and of Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values. (2) Today, the people and Governments of the United States and of Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters. (3) From Gaza, Hamas continues to deny Israel's right to exist and persists in firing rockets indiscriminately at population centers in Israel. (4) Hezbollah--with support from Iran--continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria. (5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless pursuit of nuclear weapons. (6) Given these challenges, it is imperative that the United States continues to deepen cooperation with allies like Israel in pursuit of shared policy objectives. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the unwavering support of the people and the Government of the United States for the security of Israel as a Jewish state; (2) to reaffirm the principles and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and ensure its implementation to the fullest extent; (3) to reaffirm the importance of the 2007 United States-Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel; (4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland security, energy, and cybersecurity; (5) to continue to provide Israel with robust security assistance, including for the procurement of the Iron Dome Missile Defense System; and (6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by-side in peace and security. SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER. It is the sense of Congress that Israel is a major strategic partner of the United States. SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. (a) Department of Defense Appropriations Act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10 years after'' and inserting ``more than 11 years after''. (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and 2014'' and inserting ``, 2014, and 2015''. SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. (a) Findings.--Congress finds that Israel-- (1) has adopted high standards in the field of export controls; (2) has declared its unilateral adherence to the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers Group; and (3) is a party to-- (A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980; (B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and (C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979. (b) Eligibility for Strategic Trade Authorization Exception.--The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Israel may be included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations. SEC. 7. UNITED STATES-ISRAEL COOPERATION ON ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES. (a) In General.--The President is authorized, subject to existing law-- (1) to undertake activities in cooperation with Israel; and (2) to provide assistance promoting cooperation in the fields of energy, water, agriculture, and alternative fuel technologies. (b) Requirements.--In carrying out subsection (a), the President is authorized, subject to existing requirements of law and any applicable agreements or understandings between the United States and Israel-- (1) to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel, including through sales, leases, or exchanges in kind, that the President determines will advance the national security interests of the United States and are consistent with the Strategic Dialogue and pertinent provisions of law; and (2) to enhance scientific cooperation between Israel and the United States. (c) Cooperative Research Pilot Programs.--The Secretary of Homeland Security, acting through the Director of the Homeland Security Advanced Research Projects Agency and with the concurrence of the Secretary of State, is authorized, subject to existing law, to enter into cooperative research pilot programs with Israel to enhance Israel's capabilities in-- (1) border, maritime, and aviation security; (2) explosives detection; and (3) emergency services. SEC. 8. REPORT ON INCREASED UNITED STATES-ISRAEL COOPERATION ON CYBERSECURITY. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report, in a classified format or including a classified annex, as appropriate, on the feasibility and advisability of expanding United States-Israeli cooperation on cyber issues, including sharing and advancing technologies related to the prevention of cybercrimes. SEC. 9. STATEMENT OF POLICY REGARDING THE VISA WAIVER PROGRAM. It shall be the policy of the United States to include Israel in the list of countries that participate in the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) when Israel satisfies, and as long as Israel continues to satisfy, the requirements for inclusion in such program specified in such section. SEC. 10. STATUS OF IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES- ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012. Not later than 180 days after the date of the enactment of this Act, the President shall, to the extent practicable and in an appropriate manner, provide an update to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives on current and future efforts undertaken by the President to fulfill the objectives of section 4 of the United States-Israel Enhanced Security Cooperation Act (22 U.S.C. 8603). SEC. 11. IMPROVED REPORTING ON ENHANCING ISRAEL'S QUALITATIVE MILITARY EDGE AND SECURITY POSTURE. (a) Biennial Assessment Reevaluations.--Section 201(c) of the Naval Vessel Transfer Act of 2008 (22 U.S.C. 2776 note) is amended by adding at the end the following: ``(3) Biennial updates.--Two years after the date on which each quadrennial report is transmitted to Congress, the President shall-- ``(A) reevaluate the assessment required under subsection (a); and ``(B) inform and consult with the appropriate congressional committees on the results of the reevaluation conducted pursuant to subparagraph (A).''. (b) Certification Requirements for Major Defense Equipment.-- Section 36(h) of the Arms Export Control Act (22 U.S.C. 2776(h)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Requirements with respect to determination for major defense equipment.--A determination under paragraph (1) relating to the sale or export of major defense equipment shall include-- ``(A) a detailed explanation of Israel's capacity to address the improved capabilities provided by such sale or export; ``(B) a detailed evaluation of-- ``(i) how such sale or export alters the strategic and tactical balance in the region, including relative capabilities; and ``(ii) Israel's capacity to respond to the improved regional capabilities provided by such sale or export; ``(C) an identification of any specific new capacity, capabilities, or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and ``(D) a description of any additional United States security assurances to Israel made, or requested to be made, in connection with, or as a result of, such sale or export.''. SEC. 12. UNITED STATES-ISRAEL ENERGY COOPERATION. (a) Findings.--Section 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended-- (1) in paragraph (1), by striking ``renewable'' and inserting ``covered''; (2) in paragraph (4)-- (A) by striking ``possible many'' and inserting ``possible-- ``(A) many''; and (B) by adding at the end the following: ``and ``(B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States- Israel Binational Science Foundation;''; (3) in paragraph (6)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking ``and'' at the end; (4) in paragraph (7)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(8) United States-Israel energy cooperation and the development of natural resources by Israel are in the strategic interest of the United States; ``(9) Israel is a strategic partner of the United States in water technology; ``(10) the United States can play a role in assisting Israel with regional safety and security issues; ``(11) the National Science Foundation of the United States, to the extent consistent with the National Science Foundation's mission, should collaborate with the Israel Science Foundation and the United States-Israel Binational Science Foundation; ``(12) the United States and Israel should strive to develop more robust academic cooperation in-- ``(A) energy innovation technology and engineering; ``(B) water science; ``(C) technology transfer; and ``(D) analysis of emerging geopolitical implications, crises and threats from foreign natural resource and energy acquisitions, and the development of domestic resources as a response; ``(13) the United States supports the goals of the Alternative Fuels Administration of Israel with respect to expanding the use of alternative fuels; ``(14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States and Israel on energy security issues, including-- ``(A) identifying policy priorities associated with the development of natural resources of Israel; ``(B) discussing and sharing best practices to secure cyber energy infrastructure and other energy security matters; ``(C) leveraging natural gas to positively impact regional stability; ``(D) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; ``(E) technical and environmental management of deep-water exploration and production; ``(F) emergency response and coastal protection and restoration; ``(G) academic outreach and engagement; ``(H) private sector and business development engagement; ``(I) regulatory consultations; ``(J) leveraging alternative transportation fuels and technologies; and ``(K) any other areas determined appropriate by the United States and Israel; ``(15) the United States-- ``(A) acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation; and ``(B) supports continued multiyear funding to ensure the continuity of the programs of the foundations specified in subparagraph (A); and ``(16) the United States and Israel have a shared interest in addressing immediate, near-term, and long-term energy, energy poverty, energy independence, and environmental challenges facing the United States and Israel, respectively.''. (b) Grant Program.--Section 917(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(1)) is amended-- (1) in paragraph (1), by striking ``renewable energy or energy efficiency'' and inserting ``covered energy''; (2) in paragraph (2)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(H) natural gas energy, including conventional and unconventional natural gas technologies and other associated technologies, and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation and the United States-Israel Binational Industrial Research and Development Foundation; and ``(I) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners.''; and (3) in paragraph (3)(A), by striking ``energy efficiency or renewable'' and inserting ``covered''. (c) International Partnerships; Regional Energy Cooperation.-- (1) International partnerships.--Section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended-- (A) by striking subsection (d); (B) by redesignating subsection (c) as subsection (e); (C) by inserting after subsection (b) the following: ``(c) International Partnerships.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department, including National Laboratories of the Department, and the Government of Israel and its ministries, offices, and institutions. ``(2) Federal share.--The Secretary may not pay more than 50 percent of Federal share of the costs of implementing cooperative agreements entered into pursuant to paragraph (1). ``(3) Annual reports.--If the Secretary enters into agreements authorized by paragraph (1), the Secretary shall submit an annual report to the Committee on Energy and Natural Resources of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes-- ``(A) actions taken to implement such agreements; and ``(B) any projects undertaken pursuant to such agreements. ``(d) United States-Israel Energy Center.--The Secretary may establish a joint United States-Israel Energy Center in the United States leveraging the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of emerging geopolitical implications, crises and threats from foreign natural resource and energy acquisitions, and the development of domestic resources as a response.''; and (D) in subsection (e), as redesignated, by striking ``the date that is 7 years after the date of enactment of this Act'' and inserting ``September 30, 2024''. (2) Constructive regional energy cooperation.--The Secretary of State shall continue the ongoing diplomacy efforts of the Secretary of State in-- (A) engaging and supporting the energy security of Israel; and (B) promoting constructive regional energy cooperation in the Eastern Mediterranean. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on September 18, 2014. United States-Israel Strategic Partnership Act of 2014 - (Sec. 4) Expresses the sense of Congress that Israel is a major U.S. strategic partner. (Sec. 5) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles for use as war reserve stocks through FY2015. (Sec. 6) Directs the President to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. (Sec. 7) Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, agriculture, and alternative fuel technologies. Authorizes the President to: (1) share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that will advance U.S. national security interests; and (2) enhance U.S.-Israel scientific cooperation. Authorizes the Secretary of Homeland Security (DHS) to enter into cooperative research pilot programs with Israel to enhance Israel's capabilities in: (1) border, maritime, and aviation security; (2) explosives detection; and (3) emergency services. (Sec. 8) Directs the President to report to Congress regarding the feasibility and advisability of expanding U.S.-Israel cyber cooperation. (Sec. 9) States that it shall be U.S. policy to include Israel in the visa waiver program when Israel satisfies, and as long as Israel continues to satisfy, program requirements. (Sec. 10) Directs the President to update Congress on efforts taken, pursuant to the United States-Israel Enhanced Security Cooperation Act, to provide Israel with defense articles and defense services, including missile and joint missile defense capabilities including Iron Dome, security and intelligence cooperation, and an expanded role for Israel with the North Atlantic Treaty Organization (NATO). (Sec. 11) Requires any certification that a sale or export of major defense equipment to a country in the Middle East will not adversely affect Israel's qualitative military edge to include: an explanation of Israel's capacity to address the improved capabilities provided by the sale or export; an evaluation of how the sale or export alters the regional strategic and tactical balance; an identification of any new capacity or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and a description of any additional U.S. security assurances to Israel made, or requested to be made, in connection with the sale or export. (Sec. 12) Amends the Energy Independence and Security Act of 2007 to authorize the Secretary of Energy to: enter into cooperative agreements supporting dialogue and planning involving international partnerships between the Department of Energy (DOE), including DOE National Laboratories, and the government of Israel and its ministries, offices, and institutions; and establish a joint United States-Israel Center in the United States with offshore energy development expertise to develop academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development. Extends through September 30, 2024, the grant program to support U.S.-Israel research, development, and commercialization of renewable energy or energy efficiency. Expands the scope of covered energy under such program, including the coverage of natural gas energy, water desalination improvement, and other water treatment technologies. Directs the Secretary of State to continue ongoing diplomacy efforts to: (1) support Israel's energy security, and (2) promote regional energy cooperation in the Eastern Mediterranean.

United States-Israel Strategic Partnership Act of 2014

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fort Carson-Pinon Canyon Military Lands Withdrawal Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Withdrawal and reservation of lands at Fort Carson Military Reservation. Sec. 3. Withdrawal and reservation of lands at Pinon Canyon Maneuver Site. Sec. 4. Maps and legal descriptions. Sec. 5. Management of withdrawn lands. Sec. 6. Management of withdrawn and acquired mineral resources. Sec. 7. Hunting, fishing, and trapping. Sec. 8. Termination of withdrawal and reservation. Sec. 9. Determination of presence of contamination and effect of contamination. Sec. 10. Delegation. Sec. 11. Hold harmless. Sec. 12. Amendment to Military Lands Withdrawal Act of 1986. Sec. 13. Authorization of appropriations. SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON MILITARY RESERVATION. (a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this Act, the lands at the Fort Carson Military Reservation, Colorado, that are described in subsection (c) are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral and geothermal leasing laws, and the mineral materials disposal laws. (b) Reservation.--The lands withdrawn under subsection (a) are reserved for use by the Secretary of the Army-- (1) for military maneuvering, training and weapons firing; and (2) for other defense related purposes consistent with the uses specified in paragraph (1). (c) Land Description.--The lands referred to in subsection (a) comprise 3,133.02 acres of public land and 11,415.16 acres of federally-owned minerals in El Paso, Pueblo, and Fremont Counties, Colorado, as generally depicted on the map entitled ``Fort Carson Proposed Withdrawal--Fort Carson Base'', dated February 6, 1992, and published in accordance with section 4. SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT PINON CANYON MANEUVER SITE. (a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this Act, the lands at the Pinon Canyon Maneuver Site, Colorado, that are described in subsection (c) are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral and geothermal leasing laws, and the mineral materials disposal laws. (b) Reservation.--The lands withdrawn under subsection (a) are reserved for use by the Secretary of the Army-- (1) for military maneuvering and training; and (2) for other defense related purposes consistent with the uses specified in paragraph (1). (c) Land Description.--The lands referred to in subsection (a) comprise 2,517.12 acres of public lands and 130,139 acres of federally- owned minerals in Las Animas County, Colorado, as generally depicted on the map entitled ``Fort Carson Proposed Withdrawal--Fort Carson Maneuver Area--Pinon Canyon site'', dated February 6, 1992, and published in accordance with section 4. SEC. 4. MAPS AND LEGAL DESCRIPTIONS. (a) Preparation of Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare maps depicting the lands withdrawn and reserved by this Act and publish in the Federal Register a notice containing the legal description of such lands. (b) Legal Effect.--Such maps and legal descriptions shall have the same force and effect as if they were included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) Availability of Maps and Legal Description.--Copies of such maps and legal descriptions shall be available for public inspection in the offices of the Colorado State Director and the Canon City District Manager of the Bureau of Land Management and in the offices of the Commander of Fort Carson, Colorado. (d) Costs.--The Secretary of the Army shall reimburse the Secretary of the Interior for the costs of implementing this section. SEC. 5. MANAGEMENT OF WITHDRAWN LANDS. (a) Management Guidelines.-- (1) Management by secretary of the army.--Except as provided in section 6, during the period of withdrawal, the Secretary of the Army shall manage for military purposes the lands covered by this Act and may authorize use of the lands by the other military departments and agencies of the Department of Defense, and the National Guard, as appropriate. (2) Access restrictions.--When military operations, public safety, or national security, as determined by the Secretary of the Army, require the closure of roads and trails on the lands withdrawn by this Act commonly in public use, the Secretary of the Army is authorized to take such action, except that such closures shall be limited to the minimum areas and periods required for the purposes specified in this subsection. Appropriate warning notices shall be kept posted during closures. (3) Suppression of fires.--The Secretary of the Army shall take necessary precautions to prevent and suppress brush and range fires occurring within and outside the lands as a result of military activities and may seek assistance from the Bureau of Land Management in suppressing such fires. The memorandum of understanding required by this section shall provide for Bureau of Land Management assistance in the suppression of such fires, and for a transfer of funds from the Department of the Army to the Bureau of Land Management as compensation for such assistance. (b) Management Plan.-- (1) Development required.--The Secretary of the Army, with the concurrence of the Secretary of the Interior, shall develop a plan for the management of acquired lands and lands withdrawn under sections 2 and 3 for the period of withdrawal. The plan shall-- (A) be consistent with applicable law; (B) include such provisions as may be necessary for proper resource management and protection of the natural, cultural, and other resources and values of such lands; and (C) identify those withdrawn and acquired lands, if any, which are to be open to mining or mineral and geothermal leasing, including mineral materials disposal. (2) Time for development.--The management plan required by this subsection shall be developed not later than 5 years after the date of the enactment of this Act. (c) Implementation of Management Plan.-- (1) Memorandum of understanding required.--The Secretary of the Army and the Secretary of the Interior shall enter into a memorandum of understanding to implement the management plan developed under subsection (b). (2) Duration.--The duration of any such memorandum of understanding shall be the same as the period of withdrawal specified in section 8(a). (3) Amendment.--The memorandum of understanding may be amended by agreement of both Secretaries. (d) Use of Certain Resources.--The Secretary of the Army is authorized to utilize sand, gravel, or similar mineral or mineral material resources from the lands withdrawn by this Act when the use of such resources is required for construction needs of the Fort Carson Reservation or Pinon Canyon Maneuver Site. SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES. Except as provided in section 5(d), the Secretary of the Interior shall manage all withdrawn and acquired mineral resources within the boundaries of the Fort Carson Military Reservation and Pinon Canyon Maneuver Site in the same manner as provided in section 12 of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3466) for mining and mineral leasing on certain lands withdrawn by that Act from all forms of appropriation under the public land laws. SEC. 7. HUNTING, FISHING, AND TRAPPING. All hunting, fishing, and trapping on the lands withdrawn and reserved by this Act shall be conducted in accordance with section 2671 of title 10, United States Code. SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION. (a) Termination Date.--The withdrawal and reservation made by this Act shall terminate 15 years after the date of the enactment of this Act. (b) Determination of Continuing Military Need.-- (1) Determination required.--At least three years before the termination under subsection (a) of the withdrawal and reservation established by this Act, the Secretary of the Army shall advise the Secretary of the Interior as to whether or not the Department of the Army will have a continuing military need for any of the lands after the termination date. (2) Method of making determination.--If the Secretary of the Army concludes under paragraph (1) that there will be a continuing military need for any of the lands after the termination date established by subsection (a), the Secretary of the Army, in accordance with applicable law, shall-- (A) evaluate the environmental effects of renewal of such withdrawal and reservation; (B) hold at least one public hearing in Colorado concerning such evaluation; and (C) file, after completing the requirements of subparagraphs (A) and (B), an application for extension of the withdrawal and reservation of such lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals for military uses. (3) Notification.--The Secretary of the Interior shall notify the Congress concerning a filing under paragraph (3)(C). (c) Early Relinquishment of Withdrawal.--If the Secretary of the Army concludes under subsection (b) that before the termination date established by subsection (a) there will be no military need for all or any part of the lands withdrawn and reserved by this Act, or if, during the period of withdrawal, the Secretary of the Army otherwise decides to relinquish any or all of the lands withdrawn and reserved under this Act, the Secretary of the Army shall file with the Secretary of the Interior a notice of intention to relinquish such lands. (d) Acceptance of Lands Proposed for Relinquishment.-- Notwithstanding any other provision of law, the Secretary of the Interior, upon deciding that it is in the public interest to accept jurisdiction over the lands proposed for relinquishment, may revoke the withdrawal and reservation established by this Act as it applies to the lands proposed for relinquishment. Should the decision be made to revoke the withdrawal and reservation, the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall-- (1) terminate the withdrawal and reservation; (2) constitute official acceptance of full jurisdiction over the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of the public land laws, including the mining laws if appropriate. SEC. 9. DETERMINATION OF PRESENCE OF CONTAMINATION AND EFFECT OF CONTAMINATION. (a) Determination of Presence of Contamination.-- (1) Before relinquishment notice.--Before filing a relinquishment notice under section 8(c), the Secretary of the Army shall prepare a written determination as to whether and to what extent the lands to be relinquished are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination made by the Secretary of the Army shall be supplied with the relinquishment notice. Copies of both the relinquishment notice and the determination under this subsection shall be published in the Federal Register by the Secretary of the Interior. (2) Upon termination of withdrawal.--At the expiration of the withdrawal period made by this Act, the Secretary of the Interior shall determine whether and to what extent the lands withdrawn by this Act are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws. (b) Program of Decontamination.-- (1) In general.--Throughout the duration of the withdrawal and reservation made by this Act, the Secretary of the Army, to the extent funds are made available, shall maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during fiscal year 1992. (2) Decontamination of lands to be relinquished.--In the case of lands subject to a relinquishment notice under section 8(c) that are contaminated, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose if the Secretary of the Interior, in consultation with the Secretary of the Army, determines that-- (A) decontamination of the lands is practicable and economically feasible, taking into consideration the potential future use and value of the land; and (B) upon decontamination, the land could be opened to the operation of some or all of the public land laws, including the mining laws. (c) Authority of Secretary of the Interior To Refuse Contaminated Lands.--The Secretary of the Interior shall not be required to accept lands proposed for relinquishment if the Secretary of the Army and the Secretary of the Interior conclude that-- (1) decontamination of any or all of the lands proposed for relinquishment is not practicable or economically feasible; (2) the lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws; or (3) insufficient funds are appropriated for the purpose of decontaminating the lands. (d) Effect of Continued Contamination.--If the Secretary of the Interior declines under subsection (c) to accept jurisdiction of lands proposed for relinquishment or if the Secretary of the Interior determines under subsection (a)(2) that some of the lands withdrawn by this Act are contaminated to an extent that prevents opening the contaminated lands to operation of the public land laws-- (1) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (2) after the expiration of the withdrawal, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (3) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken under paragraphs (1) and (2). (e) Effect of Subsequent Decontamination.--If the lands described in subsection (d) are subsequently decontaminated, upon certification by the Secretary of the Army that the lands are safe for all nonmilitary uses, the Secretary of the Interior shall reconsider accepting jurisdiction over the lands. (f) Effect on Other Laws.--Nothing in this Act shall affect, or be construed to affect, the obligations of the Secretary of the Army, if any, to decontaminate lands withdrawn by this Act pursuant to applicable law, including the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 10. DELEGATION. The functions of the Secretary of the Army under this Act may be delegated. The functions of the Secretary of the Interior under this Act may be delegated, except that the order referred to in section 8(d) may be approved and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, or an Assistant Secretary of the Department of the Interior. SEC. 11. HOLD HARMLESS. (a) In General.--The United States shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining, mineral activity, or geothermal leasing activity conducted on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site, including liabilities to non-Federal entities under section 107 or 113 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9607, 9613), or section 7003 of the Solid Waste Disposal Act (42 U.S.C. 6973). (b) Indemnification.--Any party conducting any mining, mineral, or geothermal leasing activity on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site shall indemnify the United States against any costs, fees, damages, or other liabilities (including costs of litigation) incurred by the United States and arising from or relating to such mining activities, including costs of mineral materials disposal, whether arising under the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Solid Waste Disposal Act, or otherwise. SEC. 12. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF 1986. (a) Use of Certain Resources.--Section 3(f) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3461) is amended by adding at the end the following new paragraph: ``(2) Subject to valid existing rights, the Secretary of the military department concerned may utilize sand, gravel, or similar mineral or material resources when the use of such resources is required for construction needs on the respective lands withdrawn by this Act.''. (b) Technical Correction.--Section 9(b) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 3466) is amended by striking ``section 7(f)'' and inserting in lieu thereof ``section 8(f)''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Passed the House of Representatives March 28, 1995. Attest: ROBIN H. CARLE, Clerk. 104th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ AN ACT To withdraw and reserve certain public lands and minerals within the State of Colorado for military uses, and for other purposes.

Fort Carson-Pinon Canyon Military Lands Withdrawal Act - Withdraws from appropriation under public land, mining, mineral, geothermal leasing, and mineral materials disposal laws, and reserves for military use by the Army, specified lands at the Fort Carson Military Reservation and Pinon Canyon Maneuver Site (both in Colorado). Requires the Secretary of the Army to manage such lands for military purposes covered by this Act and to authorize their use by other U.S. military agencies. Directs the Secretary, with the concurrence of the Secretary of the Interior, to develop a management plan for such reserved and withdrawn lands. Terminates such land withdrawals and reservations 15 years after enactment of this Act. Requires the Secretary of the Army to: (1) decontaminate relinquished lands (but authorizes the Secretary of the Interior to refuse to accept lands if such decontamination is not practicable or economically feasible, if the lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws, or if insufficient funds are appropriated for the purpose of decontaminating the lands); (2) if the Secretary of the Interior declines to accept jurisdiction of lands proposed for relinquishment under such provision or determines that some of the lands withdrawn by this Act are contaminated to an extent that prevents opening the contaminated lands to operation of the public land laws, warn the public of risks of entry, conduct only decontamination activities on such lands after the expiration of the withdrawal, and make a status report to the Secretary of the Interior and to the Congress; and (3) maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during FY 1992, subject to specified limitations. Directs that the United States be held harmless and not liable for any injuries or damages to persons or property suffered in the course of any mining, mineral activity, or geothermal leasing activity conducted on lands comprising the Fort Carson Reservation or Pinon Canyon Maneuver Site, including liabilities to non-Federal entities under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act. Authorizes appropriations.

Fort Carson-Pinon Canyon Military Lands Withdrawal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oncology Quality Care Improvement Act of 2008''. SEC. 2. BUDGET NEUTRAL MEDICARE ONCOLOGY CARE QUALITY IMPROVEMENT DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means a demonstration project established by the Secretary under subsection (b). (2) Eligible beneficiary.--The term ``eligible beneficiary'' means an individual who-- (A) is entitled to benefits under part A and enrolled under part B, but not enrolled in a Medicare Advantage plan under part C, of title XVIII of the Social Security Act; and (B) is diagnosed with one or more of at least six prevalent cancer conditions, including breast, colon, lung, and ovarian cancer and additional cancers, designated by the Secretary as appropriate for demonstration projects. (3) Oncology care group.--The term ``oncology care group'' means a group of physicians, or physicians and oncology nurse practitioners, that is organized for the purpose of providing community-based cancer care services under a demonstration project. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.-- (1) In general.--Subject to the succeeding provisions of this section, the Secretary shall establish demonstration projects under which the Secretary shall test and evaluate methods that improve the quality of care provided to eligible beneficiaries with certain cancer diagnoses and that reduce expenditures that would otherwise be made under the Medicare program on behalf of such individuals for such cancer diagnoses. Such methods shall include-- (A) the adoption of and adherence to clinical, evidence-based practice guidelines and treatment protocols; and (B) the use of electronic health record (EHR) technology or other method that allows for timely data collection and reporting. (2) Expectations of group participants.--Under a demonstration project oncology care groups participating in the project-- (A) are expected to reduce spending under parts A and B of title XVIII of the Social Security Act to a level equal to or below 95 percent of the per-patient amount projected by the Secretary under such parts in the absence of such project; and (B) shall be eligible for payment of two separate fees, allotted from the 5 percent expected savings described in subparagraph (A)-- (i) one of which is a reporting fee, that is fully refundable to the Secretary for groups that fail to meet the established spending targets; and (ii) the other of which is a performance fee that is paid only to groups that meet the established spending targets as determined by the Secretary after annual cost reconciliation. (c) Design of Projects.-- (1) Establishment of baselines.--In establishing demonstration projects under this section-- (A) The Secretary shall develop, in conjunction with the Office of Management and Budget, a per- beneficiary spending baseline for each of these diagnoses against which the financial performance of demonstration project participants would be measured. This baseline will include expenditures for beneficiaries with any of the targeted diagnoses, inclusive of all inpatient costs and outpatient costs, including costs of prescription drugs under part D of title XVIII of the Social Security Act. (B) The Secretary shall establish, in conjunction with demonstration project participants, which performance standards and savings targets will be used to measure improvements to clinical quality, improvements to provider and beneficiary satisfaction, and achievement of savings. (C) The Secretary shall encourage participation from varied geographic regions. (2) Requirement for estimate of budget neutral costs for each project.--As part of the establishment of baselines under paragraph (1)(A), the Secretary shall evaluate the costs of furnishing care under demonstration projects. The Secretary may not implement a demonstration project under this section unless the Secretary determines that the costs of providing care to individuals with cancer diagnoses under the project will not exceed the costs, in the aggregate, of furnishing care to such individuals under title XVIII of the Social Security Act, that would otherwise be paid without regard to the demonstration project for the period of the project. (3) Cost comparisons during project.--The Secretary shall monitor the performance of participating oncology care groups against the baselines developed under paragraph (1)(A) with respect to demonstration project participants relative to the performance of non-participating oncology care groups that furnish oncology care services in a community-based setting to similarly situated individuals but that do not employ or adhere to electronic health record (EHR) technology or clinical, evidence-based practice guidelines and treatment protocols. (d) Participation.-- (1) In general.--An oncology care group that provides care for a minimum number of eligible beneficiaries (as specified by the Secretary) may participate in a demonstration project if the oncology care group agrees-- (A) to report electronically clinical quality and outcomes measures in accordance with requirements established by the Secretary under the project; and (B)(i) to use electronic health record (EHR) technology to manage the clinical care of eligible beneficiaries consistent with paragraph (2); or (ii) to demonstrate to the satisfaction of the Secretary the ability to measure and report pathway adherence consistent with paragraph (2) through alternative means approved by the Secretary. The Secretary shall strive to be as inclusive of alternative means of reporting as possible. (2) Practice standards.--Each oncology care group participating in a demonstration project shall demonstrate the ability-- (A) to provide cancer care services that are comprehensive, predictable, provider-led, and transparent; (B) to deliver a variety of treatment options safely and efficiently; (C) to identify and eliminate execution barriers, enhance capacity availability, and utilization, and to use the latest research and technology available; (D) to employ a patient education infrastructure and patient surveys; (E) to adopt and adhere to clinical, evidence-based practice guidelines and treatment protocols that are evidence based and peer reviewed with a mechanism for monitoring compliance on a routine basis; (F) to meet such clinical quality and outcome measures as the Secretary shall require; (G) to measure and report data regarding variations in the utilization and allocation of services, where such data can be used to reduce scientific uncertainty in the delivery of care; (H) to establish and maintain a method of data collection that can track compliance to pathways and report compliance electronically for such beneficiaries or an alternative method approved by the Secretary; and (I) to meet such other service provision requirements as the Secretary may specify. (3) Voluntariness.--Participation of providers of services and suppliers, and of individuals with cancer diagnoses, in a demonstration project shall be voluntary. (e) Payment Methodology.---- (1) In general.--Under a demonstration project the Secretary shall pay, from the projected 5 percent savings described in subsection (b)(2)(A), a per beneficiary amount to each participating oncology care group that meets or exceeds specific performance standards established by the Secretary with respect to the clinical quality and outcome measures reported under subsection (d)(1)(A). Such per beneficiary amount shall be composed of-- (A) a reporting fee described in paragraph (2), equal to half of such 5 percent savings; and (B) a performance fee described in paragraph (3), equal to half of such 5 percent savings. (2) Reporting fee.--The reporting fee described in this paragraph shall be paid to participating oncology care groups intermittently, for costs associated with electronic health record maintenance, protocol adherence, and reporting of quality metrics. Such fee shall be fully refunded after annual cost reconciliation by participating oncology care groups that fail to meet the 5 percent savings target. (3) Performance fee.--A performance fee described in this paragraph shall be paid after annual cost reconciliation to participating oncology care groups that meet the spending targets established by the Secretary. (f) Demonstration Project Sites.--The demonstration projects shall be open to participation by self-identified oncology care groups employing-- (1) formal, evidence-based treatment protocols applicable to patients with the selected diagnoses; and (2)(A) full electronic health record (EHR) technology; or (B) other data collection processes or databases approved by the Secretary. (g) Duration.--The Secretary shall conduct demonstration projects for the 3-year period beginning on the date that is 90 days after the date of the enactment of this Act. (h) Evaluation and Report.-- (1) Evaluations.--The Secretary shall conduct an evaluation of the demonstration projects-- (A) to assess patient outcomes for the individuals with cancer diagnoses participating in the projects as compared to such outcomes to other individuals for the same health conditions; (B) to analyze the cost effectiveness of the projects, including an evaluation of the cost savings (if any) to the Medicare program attributable to reductions in physicians' services, hospital stays, supplemental care drug costs, and part D drug costs; (C) to determine the satisfaction of patients participating in the demonstration projects; and (D) to evaluate other such matters as the Secretary determines is appropriate. (2) Reports.--Not later than 90 days after the completion of 1 year following the commencement of the demonstration projects, and biannually thereafter, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together which such recommendations for legislation or administrative action, regarding the extension, expansion, or termination of the demonstration projects, as the Secretary determines is appropriate. (i) Waiver Authority.--The Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to such extent and for such period as the Secretary determines is necessary to conduct demonstration projects. (j) Funding.-- (1) Demonstration projects.-- (A) In general.--Subject to subparagraph (B) and paragraph (2), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportion as the Secretary determines appropriate, of such funds as are necessary for the costs of carrying out demonstration projects. (B) Budget neutrality.--In conducting demonstration projects under this section, the Secretary shall ensure that the aggregate payments made by the Secretary under the Medicare program do not exceed the amount which the Secretary would have paid under the Medicare program for the provision of cancer treatment services if the demonstration projects were not implemented. (2) Evaluation and report.--There are authorized to be appropriated such sums as are necessary for the purpose of conducting the evaluation and submitting reports to Congress under subsection (h).

Oncology Quality Care Improvement Act of 2008 - Directs the Secretary of Health and Human Services to establish budget neutral demonstration projects to test and evaluate methods that: (1) improve the quality of care provided to eligible beneficiaries with certain cancer diagnoses; and (2) reduce expenditures that would otherwise be made under the Medicare program on behalf of such individuals for such diagnoses. Authorizes the participation of oncology care groups of physicians, or of physicians and oncology nurse practitioners, in such demonstration projects, subject to certain conditions.

To establish budget neutral demonstration projects to study and improve the quality and cost effectiveness of cancer care services provided to Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Community Visioning Improvement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Small communities are vital components of the nation's economic, social, agricultural, historic, and cultural fabric. (2) Our national character has been shaped by and is forever tied to the landscape in and surrounding small communities. (3) A growing number of small communities are facing significant challenges that place their long-term viability at risk, including economic hardship, declining population, eroding tax bases, and environmental pressures. (4) Revitalizing and strengthening small communities begins by helping residents of those communities to articulate and formalize their vision for the future and to develop an action plan to achieve that vision, including in the areas of economic development, agriculture, tourism, transportation, land use, education, recreation, and culture, and by understanding the amenity characteristics of landscapes. (5) In many cases, a community's vision for the future is rooted in and inseparable from the landscape, including the natural and built environments. (6) Landscape architects have the education, training, and skills, including in the areas of community involvement and public participation, land use planning, design, project visualization techniques, scenic resource assessment, mapping and Geographic Information Systems (GIS), environmental analysis, and environmental psychology, that ideally qualify them to lead community visioning efforts. (7) Expanding Federal support for small community visioning is an investment in the future of small communities and will leverage additional public and private sector participation in such efforts. (8) Successful community visioning efforts have yielded tangible results with regard to the enhancement of transportation corridors, economic development initiatives, land use policies, conservation of natural and community resources, community master plans, and park and recreation plans. SEC. 3. COMMUNITY VISIONING PILOT INITIATIVE. (a) Purposes.--The purposes of this section are to-- (1) develop and facilitate innovative visions that help small communities to address pressing local needs; (2) facilitate coordination between small communities, land-grant and other universities, and design professionals; (3) encourage public-private partnerships; and (4) translate the small community's vision into images of design projects that integrate physical planning and design techniques, with sustainable community action, at the appropriate geographic scale. (b) Definitions.--In this section: (1) The term ``small community visioning process'' means the process described in subsection (c)(2). (2) The term ``small community'' means a political subdivision of a State with a population less than 25,000 individuals, an Indian tribe (as defined by section 2(7) of the Native American Graves Protection and Repatriation Act), a native Hawaiian organization (as defined by paragraph (11) of such section), or an Alaskan native village (as defined by section 3(c) of the Alaska Native Claims Settlement Act). (3) The term ``design professional'' means a landscape architect licensed pursuant to State law or other individual with demonstrated skills, training, and education in community involvement and public participation, land use planning, design, project visualization techniques, scenic resource management, mapping and Geographic Information Systems (GIS), environmental analysis, and environmental psychology. (4) The term ``eligible grant recipient'' means a small community, a land grant university or college established pursuant to the Morrill Act, an institution of higher education (as defined in section 101 of the Higher Education Act of 1965), or an economic or community development entity authorized by a State or political subdivision of a State. (5) The term ``construction documents'' means technical documents, drawings, and designs which contain dimensions, measurements, material specifications, and other technical information necessary to complete design plans. (6) The term ``Department'' means the Department of Agriculture. (7) The term ``Secretary'' means the Secretary of Agriculture. (c) Grant Authority.-- (1) In general.--The Secretary shall make grants to eligible grant recipients for the purposes of carrying out small community visioning processes. (2) Small community visioning process.--In order to be eligible for a grant under this section, the applicant must use a small community visioning process that includes the following: (A) Soliciting and organizing public participation.--The broadest segment of the public is invited to participate, and the process is structured to maximize participation and maintain efficiency. (B) Needs determination.--The small community determines whether the community requires assistance through this process with a broad-based needs assessment or whether it has identified a specific need through a prior community-based process that the community wants to address through the small community visioning process. Needs may include the areas of economic development, transportation, land use, agriculture, and the natural, cultural, and aesthetic values of the community. (C) Developing design options.--Members of the community engage in a series of discussions to articulate their vision for addressing the identified need. Design professionals facilitate the discussions, help members of the community identify areas of consensus, and begin translating the vision into images, including sketches, maps, digital images, computer simulations, and design concepts. The vision and design options are refined in an ongoing dialogue until community consensus is reached and physical designs for 1 or more projects are finalized. (D) Implementation planning.--Design professionals, members of the public, and others develop and finalize a plan that describes the specific steps the community would take to achieve its vision. At a minimum, the plan should identify-- (i) projects relating to that vision, including projects the community can undertake and complete with existing resources, personnel, and funding, and projects which the community could undertake and complete only with the infusion of additional resources, personnel, and funding; (ii) government agencies, nongovernmental entities, and other potential partners that could participate in implementation; and (iii) possible sources of public and private funding to achieve the vision. (d) Application Processes.-- (1) In general.--Not later than 60 days after the Secretary issues final regulations under subsection (h), the Secretary shall solicit applications for grants from eligible grant recipients. The application shall include the following: (A) A statement of the needs that the small community would address through the small community visioning process, or a statement that the small community requires assistance to identify such a need. (B) A brief description of process the small community used or will use to involve a diverse cross- section of residents of the community in determining the need. (C) A description of how the applicant will use the services of design professionals or university programs with demonstrated expertise in small community visioning processes in providing assistance to the small community. (D) A description of how the applicant will involve a diverse cross-section of residents of the small community in the visioning process. (E) A description of the phases of the visioning process, the anticipated outcomes of each phase, and of the visioning initiative as a whole. (F) A detailed budget for the visioning process, including the contribution to be provided by the applicant pursuant to subsection (h) or a request for waiver of such a contribution. (G) A description of the steps the applicant will take to-- (i) assess the effectiveness of the visioning process in addressing the community's need; and (ii) integrate the findings of the needs determination into ongoing efforts to implement the vision developed pursuant to this section. (2) Alternative application process.--The Secretary may establish an alternative application process through which eligible grant recipients may apply for funding sufficient to facilitate small community visioning processes in 2 or more small communities without having to apply separately for a grant for each community. The alternative application shall include the following: (A) A description of the applicant's capabilities to achieve the purposes of this section, including a description of experience providing the assistance described in this section. (B) If the applicant is an institution of higher education or land grant university or college and has an accredited undergraduate or graduate degree program in landscape architecture, a description of the substantive role that the landscape architecture program will play in carrying out the purposes of this section. (C) A description of how the applicant will use the services of design professionals and university programs with demonstrated expertise in small community visioning processes, in carrying out the purposes of this section. (D) A description of the phases of the small community visioning process, and the anticipated outcomes of each phase. (E) A projection of the number of small communities that the applicant could assist with the grant amount requested during the fiscal year in which the grant would be received, and with a proposed schedule for providing the assistance. (F) A detailed budget for the activities to be carried out by the applicant with the grant. (G) A description of the steps the applicant will take to-- (i) assess the effectiveness of the visioning process in addressing each community's need; and (ii) support community-based efforts to integrate the findings of the assessments into ongoing efforts to implement the vision developed pursuant to this section. (e) Grant Award Considerations.--In making grants under this section, the Secretary shall consider-- (1) the value of making grants to communities of various population sizes; (2) the geographic distribution of the grants; and (3) the value of giving priority to applicants with well- defined community, private sector, and university participation. (f) Grant Amounts and Administrative Expenses.-- (1) Amounts.--A grant under this section shall not exceed-- (A) $25,000, if the application for the grant was submitted pursuant to subsection (d)(1); or (B) $250,000, if the application for the grant was submitted pursuant to subsection (d)(2). (2) Administrative expenses.--The Secretary may use not more than 10 percent of the total amount appropriated under this section for each fiscal year to administer this section. A recipient of a grant under this section may use not more than 25 percent of the grant for administration. (3) Limitation.--A grant under this section shall not be used to develop or produce construction documents. (g) Recipient Contribution Requirement.-- (1) In general.--As a condition of receiving a grant under this section, the grantee shall contribute, from non-Federal sources, to the activities for which the grant is made an amount equal to 20 percent of total costs of the activities. (2) Use of in-kind contributions.--The Secretary shall allow a grantee to meet the requirement of paragraph (1) by making qualifying in-kind contributions of such type as the Secretary may allow in regulations. (3) Waiver.--The Secretary may waive the requirement of paragraph (1) in the case of a recipient who demonstrates to the Secretary's satisfaction that the recipient is incapable of meeting the requirement. (h) Regulations.--Within 180 days after the date of the enactment of this section and after opportunity for public comment, the Secretary shall issue such regulations as the Secretary deems appropriate to carry out this section. (i) Report to the Congress.--Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes, at a minimum-- (1) the most effective practices and procedures used to assist communities in the small community visioning process; (2) examples of the public-private partnerships developed to identify and implement community goals; (3) examples of the tangible, physical outcomes of small community visioning processes funded under this section; (4) recommendations for improving, strengthening, and expanding the program carried out under this section; and (5) a list of all grantees under this section, the city and State in which the grantees are located, and grant amounts received by each grantee. (j) Authorization of Appropriations.-- (1) In general.--For grants under this section, there are authorized to be appropriated to the Secretary not more than $5,000,000 for each of fiscal years 2008 through 2012. (2) Reservation of funds for applications to assist multiple small communities.--Not less than 40 percent of the amounts made available to carry out this section for each fiscal year shall be made available for grants for applications submitted pursuant to subsection (d)(2). (3) Availability of appropriations.--Funds made available to carry out this section are authorized to remain available until expended.

Small Community Visioning Improvement Act - Directs the Secretary of Agriculture to make grants to eligible recipients for small community visioning processes to: (1) help small communities address pressing local needs; (2) facilitate coordination between small communities, land-grant and other universities, and design professionals; (3) encourage public-private partnerships; and (4) develop design projects that integrate physical planning and design techniques with sustainable community action.

To improve the ability of small communities to coordinate with universities and design professionals in developing a vision to address their local needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Investment and Jobs Act of 2011''. 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 (directly or indirectly through the qualified shareholder) more than 10 percent of the stock of such real estate investment trust. ``(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 more than 10 percent 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, ``(II) would be classified as a United States real property holding corporation (determined without regard to this paragraph) at any time during the 5-year period ending on the date of disposition of or distribution with respect to the entity's interests in a real estate investment trust, or ``(III) is designated as such 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 striking ``Any distribution'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), any distribution'', (2) by inserting ``(10 percent in the case of stock of a real estate investment trust)'' after ``5 percent of such class of stock'', (3) 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, and (4) by adding at the end the following new subparagraph: ``(B) Special rule.--Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331.''. (c) Definition.--Paragraph (4) of section 897(h) of the Internal Revenue Code of 1986 is amended by adding at the end of subparagraph (B) the following: ``In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, 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.''. (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.

Real Estate Investment and Jobs Act of 2011 - Amends the Internal Revenue Code to 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 relating to foreign investment in United States real property interests.

A bill to amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Hospital Preservation Act''. SEC. 2. AUTHORITY TO MAKE GRANTS. (a) In General.--From any amounts made available to carry out this Act, the Secretary may make grants under this Act to eligible community hospitals. (b) Amount of Grant.--The aggregate amount of grant amounts provided to any single eligible community hospital that is awarded a grant may not be-- (1) less than $100,000; (2) greater than $2,500,000; or (3) greater than 10 percent of the total assets of the hospital. (c) Matching Requirement.--The Secretary may not award grant amounts under this Act to any eligible community hospital for any fiscal year in an amount that exceeds the amount that the hospital receives, in cash contributions, loans, or any combination thereof, for that fiscal year from non-Federal sources. (d) Hospitals With HUD-Insured Mortgages.--The Secretary may not award grant amounts under this Act to a hospital that is subject to a mortgage insured by the Secretary of Housing and Urban Development under section 242 of the National Housing Act (12 U.S.C. 1715z-7) unless the Secretary of Housing and Urban Development approves the award before the date of the award. SEC. 3. USE OF GRANT AMOUNTS. Grant amounts under this Act may be used only for legitimate hospital purposes. SEC. 4. APPLICATION. The Secretary may award grant amounts under this Act only to an eligible community hospital that has submitted an application to the Secretary at such time and in such manner as the Secretary may require, and containing such information and certifications as the Secretary may require to ensure compliance with this Act. SEC. 5. SELECTION CRITERIA. The Secretary shall award grant amounts under this Act in accordance with competitive criteria established by the Secretary. SEC. 6. RECOVERY OF GRANT AMOUNTS. (a) Recovery.--For each award of grant amounts under this Act, the Secretary shall recover, upon the date specified in subsection (b), the amount specified in subsection (c). (b) Date of Recovery.--The date specified in this subsection is the first to occur of the following: (1) The date on which the recipient fails to comply substantially with section 3. (2) The date on which the recipient fails to be a hospital that meets the requirements of any of subparagraphs (A), (B), and (C) of section 8(1). (3) The date of the expiration of the 10-year period beginning on the date of the award. (c) Amount of Recovery and Forgiveness of Such Amount.--The amount specified in this subsection is an amount equal to the amount of the award, reduced by 10 percent of the amount of such award for each full year from the date of the award through the date specified in subsection (b) throughout which the recipient continues to be a hospital that meets the requirements of any one or more of subparagraphs (A), (B), and (C) of section 8(1). (d) Manner of Recovery.--Any amount that the Secretary recovers under this section shall be recovered as if such amount had been loaned by the Secretary on the date specified in subsection (b), amortized over a 20-year period, with interest at a rate equal to the average annual cost of borrowing by the Department of the Treasury. SEC. 7. ANNUAL REPORT. Not later than February 1 of each year, the Secretary shall submit to the Congress a report describing the activities carried out under this Act in the preceding calendar year and containing any related information that the Secretary considers appropriate. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible community hospital.--The term ``eligible community hospital'' means a hospital that meets the following requirements: (A) The hospital is nonprofit. (B) The hospital has total assets of not more than $75,000,000. (C) The hospital is an essential source of basic hospital health care services within the community in which the hospital is located. (D) The hospital meets objective financial criteria, to be established by the Secretary, that indicate the hospital is experiencing ongoing financial difficulties. (E) The hospital is operating in an efficient manner or has a viable financial recovery plan reviewed by an independent public accountant, or financial consultant, who has expertise in the industry of providing health care services. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 9. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. For grants under this Act, there is authorized to be appropriated to the Secretary $1,000,000,000 for each of fiscal years 2000 through 2004, to remain available until expended.

Community Hospital Preservation Act - Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community hospitals for legitimate hospital purposes. Sets forth provisions for: (1) the recovery of grant amounts if they are not used for legitimate purposes, within ten years, or by a hospital meeting eligibility requirements; and (2) forgiveness of repayment of ten percent of a grant amount for each year the recipient met one or more eligibility requirement. Mandates an annual report by the Secretary to Congress on the activities carried out under this Act. Authorizes appropriations.

Community Hospital Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fab Lab Network Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is the world leader in scientific research, discovery, and innovation. (2) There exists a strong social and economic incentive to create the fewest barriers to entry for those interested in furthering education, discovery, invention, and innovation in the scientific, technological, engineering, and mathematical fields. (3) The United States has a strong strategic interest in promoting a robust, well trained, highly capable, and geographically diverse manufacturing base. (4) MIT's Center for Bits and Atoms has contributed significantly to the advancement of these goals through its work in creating and advancing Fabrication Laboratories (Fab Labs) in the United States and abroad. (5) A new kind of national infrastructure will be required in order to adequately take advantage of leading edge digital fabrication technologies to secure the United States' leading position in scientific fields and to promote a robust manufacturing base. (6) A focused, dedicated national effort will be required in order to ensure the creation of such an infrastructure takes place as quickly and effectively as possible. SEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK. (a) Establishment.--The National Fab Lab Network incorporated by this Act (hereinafter in this section referred to as the ``NFLN'') is hereby authorized and empowered to receive either real or personal property and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same in accordance with the provisions of its constitution and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of its donors. (b) In General.--The National Fab Lab Network (NFLN) shall exist as a nonprofit entity whose purpose is to facilitate the piece by piece construction of an actual network of connected labs. The NFLN itself shall not represent an overseeing, regulating, or coordinating body of this distributed network, but will merely exist to facilitate its construction. (c) Definitions.--In this section, the term ``Fabrication Laboratory'' also referred to as a ``Fab Lab'' means a facility containing a variety of manufacturing and other fabrication tools operable by means of digital input as well as the software and computers required to design for and operate those tools. These labs serve a broad range of purposes, but each allow for clear guidelines for how members of the local community, local businesses, and academic or educational purposes can be pursued with the labs' resources consistent with a charter to be established by the NFLN. (d) Functions.--The functions of the NFLN shall be the following: (1) To serve as the coordinating body for all efforts to create a coordinated, collaborative network of Fab Labs in the United States. (2) To serve as the first point of contact for organizations interested in constructing and operating a Fab Lab and to maintain a first-come first-serve wait list of those organizations. (3) To work out to the satisfaction of NFLN staff and board members the ability of interested organizations to successfully host a Fab Lab. In particular, the staff and board members of the NFLN shall examine the ability of the organization to supply a physical location for the lab, their financial ability to pay for sufficient staff to operate the lab and train its users, an ability to engage the local community or other sufficient user base, and an awareness of those long term obligations. (4) To match those organizations who meet with the NFLN's approval for those criteria specified in paragraph (3) with available sources of funding and individuals with personal experience in establishing and operating Labs in other organizations so as to expedite the process of making new Labs operational. In general, the NFLN should not bring to this stage or continue to engage with those organizations that do not meet the NFLN's approval on those criteria described in paragraph (3). (5) To advertise or perform other outreach activities to those organizations that might have interest in or otherwise benefit from creating a Fab Lab, and to notify those organizations of the specific purposes the NFLN can perform. (e) Purposes.--In carrying out its functions, the NFLN's purposes and goals shall be-- (1) to facilitate the construction of a new type of information and digital fabrication infrastructure; specifically, in all its actions to facilitate and encourage the construction of a decentralized network of connected Fab Labs; (2) to promote the goals of greater science, technology, engineering, and math education, workforce development in the areas of manufacturing and product design, increased innovation and invention in the private sector, as well as scientific and academic discovery through the use of distributed digital fabrication tools; and (3) to seek to establish at least one Fab Lab per every 700,000 individuals in the United States in the first ten years of its operation. (f) Funding.--The NFLN may accept donations from private individuals, corporations, government agencies, or other organizations.

National Fab Lab Network Act of 2010 - Establishes the National Fab Lab Network (NFLN), as a non-profit entity, to facilitate the construction of a network of connected labs. Defines "Fab Lab" or "Fabrication Laboratory" to mean a facility containing a variety of manufacturing and other fabrication tools operable by digital input as well as the software and computers required to design and operate those tools. States that these labs serve a broad range of purposes, but each allow for how members of the local community, businesses, and academic or educational purposes can be pursued with the lab's resources. Authorizes and empowers the NFLN to receive real or personal property and to hold it absolutely or in trust, and to invest, reinvest, and manage it, and to apply such property and the income arising therefrom to the objects of its creation and according to the instructions of its donors. Sets forth the functions of the NFLN. Requires the NFLN to: (1) facilitate the construction of a new type of information and digital fabrication infrastructure; and (2) promote the goals of greater science, technology, engineering, and math (STEM) education, workforce development in manufacturing and product design, increased innovation in the private sector, as well as scientific and academic discovery through the use of distributed digital fabrication tools. Permits acceptance by the NFLN of donations from private individuals, corporations, government agencies, or other organizations.

To provide for the establishment of the National Fab Lab Network to build out a network of community based, networked Fabrication Laboratories across the United States to foster a new generation with scientific and engineering skills and to provide a work force capable of producing world class individualized and traditional manufactured goods.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military and Veterans Mental Health Provider Assessment Act of 2015''. SEC. 2. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY HEALTH CARE PROVIDERS OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Training on Recognition and Management of Risk of Suicide.--The Secretary concerned shall ensure that all health care providers under the jurisdiction of such Secretary receive empirically supported training on the recognition and assessment of individuals at risk for suicide and the management of such risk not less frequently than once every three years. (b) Evaluation of Implementation of Clinical Practice Guidelines and Best Practices by Mental Health Care Providers.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and not less frequently than once each year thereafter, the Secretary concerned shall conduct an evaluation of the implementation by mental health care providers under the jurisdiction of such Secretary of the clinical practice guidelines recommended for such providers by such Secretary and other evidence-based treatments and approaches. (2) Inclusion of results in employee performance evaluations.--The Secretary concerned shall incorporate evaluations conducted under paragraph (1) into the employee evaluation process conducted by such Secretary with respect to mental health care providers to the greatest extent possible. (c) Assessment of Mental Health Workforce.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report assessing the mental health workforce of the Department of Defense and the Department of Veterans Affairs and the long-term mental health care needs of members of the Armed Forces and veterans for purposes of determining the long-term need of the Department of Defense and the Department of Veterans Affairs for mental health care providers. (2) Elements.--The report submitted under paragraph (1) shall include an assessment of the following: (A) The number of mental health care providers of the Department of Defense and the Department of Veterans Affairs as of the date of the submittal of the report, disaggregated by specialty, including psychiatrists, psychologists, social workers, mental health counselors, and marriage and family therapists. (B) The number of mental health care providers that are anticipated to be needed by the Department of Defense and the Department of Veterans Affairs. (C) The types of mental health care providers that are anticipated to be needed by the Department of Defense and the Department of Veterans Affairs. (D) Locations in which mental health care providers are anticipated to be needed by the Department of Defense and the Department of Veterans Affairs. (d) Plan for Development of Procedures To Measure Mental Health Data.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a plan for the Department of Defense and the Department of Veterans Affairs to jointly develop procedures to compile and assess data relating to the following: (1) Outcomes for mental health care provided by the Department of Defense and the Department of Veterans Affairs. (2) Variations in such outcomes among different medical facilities of the Department of Defense and Department of Veterans Affairs. (3) Barriers, if any, to the implementation by mental health care providers under the jurisdiction of the Secretary concerned of the clinical practice guidelines recommended for such providers by such Secretary and other evidence-based treatments and approaches. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Defense with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs.

Military and Veterans Mental Health Provider Assessment Act of 2015 Directs the Department of Defense and the Department of Veterans Affairs to ensure that all health care providers under their respective jurisdictions receive, at least once every three years, empirically supported training on the recognition and assessment of individuals at risk for suicide and the management of such risk. Requires such Departments to: (1) conduct annual evaluations of the implementation by mental health care providers under their jurisdictions of Department-recommended clinical practice guidelines and other evidence-based treatments and approaches, and (2) incorporate such evaluations into the employee evaluation process of such providers. Directs such Departments to jointly submit: (1) a report assessing their mental health work forces and the long-term mental health care needs of members of the Armed Forces and veterans for purposes of determining long-term needs of such Departments for mental health care providers; and (2) a plan to jointly develop procedures to compile and assess data relating to outcomes for mental health care provided by the Departments, variations in such outcomes among different Department medical facilities, and barriers to the implementation by Department mental health care providers of recommended clinical practice guidelines and other evidence-based treatments and approaches.

Military and Veterans Mental Health Provider Assessment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Build It in America Act of 2012''. SEC. 2. CREDIT FOR RESEARCH ACTIVITIES MADE PERMANENT; INCREASED CREDIT FOR BUSINESSES MANUFACTURING IN THE UNITED STATES; CREDIT MADE REFUNDABLE FOR SMALL BUSINESSES. (a) Research Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendments.-- (A) Subsection (c) of section 41 of such Code is amended by striking paragraph (4). (B) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2011. (b) Enhanced Research Credit for Domestic Manufacturers.-- (1) In general.--Section 41 of such Code, as amended by subsection (a), is amended by inserting after subsection (g) the following new subsection: ``(h) Enhanced Credit for Domestic Manufacturers.-- ``(1) In general.--In the case of a qualified domestic manufacturer, this section shall be applied by increasing the 20 percent amount in subsection (a)(1) by the bonus amount. ``(2) Qualified domestic manufacturer.--For purposes of this subsection-- ``(A) In general.--The term `qualified domestic manufacturer' means any taxpayer who has a domestic production percentage of more than 50 percent. ``(B) Domestic production percentage.--The term `domestic production percentage' means, with respect to any taxable year, the percentage determined by dividing-- ``(i) the taxpayer's domestic production gross receipts (as defined in paragraph (4) of section 199(c)) for such taxable year, by ``(ii) the amount which would be determined under such paragraph with respect to the taxpayer for such taxable year if the activities described in such paragraph were taken into account without regard to whether they occurred in the United States. ``(3) Bonus amount.--For purposes of paragraph (1), the bonus amount shall be determined as follows: ``If the domestic production The bonus percentage is: amount is: More than 50 percent but not more than 60 2 percentage points percent................................. More than 60 percent but not more than 70 4 percentage points percent................................. More than 70 percent but not more than 80 6 percentage points percent................................. More than 80 percent but not more than 90 8 percentage points percent................................. More than 90 percent..................... 10 percentage points''. (2) Effective date.--The amendment made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2011. (c) Credit Made Refundable for Small Businesses.-- (1) In general.--Section 41 of such Code is amended by adding at the end the following new subsection: ``(i) Credit Refundable for Small Businesses.-- ``(1) In general.--In the case of a small business (as defined in subsection (b)(3)(D)(iii)), 100 percent of the credit determined under this section shall be treated as a credit allowable under subpart C (and not allowable under this subpart). ``(2) Businesses with more than 500 employees but less than 800 employees.--If any person (not otherwise a small business (as so defined)) would be treated as such a small business if `less than 800' were substituted for `500 or fewer' in subsection (b)(3)(D)(iii), such person shall be treated as a small business for purposes of this subsection but the applicable percentage determined in accordance with the following table shall be substituted for `100 percent' in paragraph (1). ``If the annual number of The applicable employees is: percentage is: More than 500 but not more than 600.......... 80 More than 600 but not more than 700.......... 60 More than 700 but not more than 800.......... 40''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2011.

Build It in America Act of 2012 - Amends the Internal Revenue Code to: (1) make the tax credit for increasing research activities permanent, (2) increase the rate of such tax credit for manufacturers whose adjusted gross receipts attributable to domestic production exceed 50%, and (3) make such credit refundable for certain small businesses.

To amend the Internal Revenue Code of 1986 to make the research credit permanent, to increase the research credit for businesses manufacturing in the United States, and to make the research credit refundable for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Sustainability Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The environmental life-support systems vital to the Nation's economic and social prosperity are increasingly at risk. (2) The Nation's future progress requires the simultaneous achievement of a well functioning environmental system, economic viability that creates new jobs and livable communities that provide access to all for participation in their governance. (3) Achieving more sustainable environmental, economic and social systems will require new research, education and technology development, and innovative policy approaches that are flexible and use market mechanisms while engaging relevant stakeholders from the private and public sectors. (4) For the Nation to remain competitive in this global world of increasingly limited natural resources, higher education institutions need to take immediate steps to create new research, education and technology development that reflect the framework of sustainability. (5) The Nation's institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social and economic problems that exist. (6) The Nation's higher education institutions also are uniquely positioned to prepare the future labor force for addressing threats to, and seeking opportunities for economic, environmental, and social sustainability. (7) The Nation's higher education institutions are places where approaches that integrate the environmental, social and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government and the nonprofit sector. (8) The Nation's higher education institutions are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability. (b) Purposes.--The purposes of this Act are-- (1) to provide support to faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace. SEC. 3. ESTABLISHMENT OF PROGRAM. Title VII of the Higher Education Act of 1965 is amended by adding at the end the following new part: ``PART E--UNIVERSITY SUSTAINABILITY PROGRAMS ``SEC. 771. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary shall make grants to eligible entities to establish sustainability programs to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management, and other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. ``(b) Period of Grant.--The provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. ``(c) Definition of Eligible Entities.--For purposes of this part, the term `eligible entity' means-- ``(1) an institution of higher education that grants 2 or 4-year undergraduate degrees, or masters and doctoral degrees, or both; or ``(2) a non-profit consortia, association, alliance, or collaboration operating as a partnership of such an institution with other such institutions. ``SEC. 772. APPLICATIONS. ``(a) In General.--To receive a grant under section 771(a), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(b) Assurances.--Such application shall include assurances that the eligible entity-- ``(1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773; ``(2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; ``(3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a), non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773; and ``(4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan. ``SEC. 773. USE OF FUNDS. ``Grants made under section 771 may be used by an eligible entity for the following purposes: ``(1) To develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability. ``(2) To establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability. ``(3) To support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements. ``(4) To establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability. ``(5) To support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices. ``(6) To conduct faculty, staff and/or administrator trainings on the subjects of sustainability and institutional change. ``(7) To compile, evaluate and disseminate best practices, case studies, guidelines and standards. ``(8) To conduct efforts to engage external stakeholders such as business, alumni, and accrediting agencies in the process of building support for research, education and technology development for sustainability. ``SEC. 774. REPORTS. ``An eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773, research findings and publications, administrative savings experienced, and an evaluation of the program. ``SEC. 775. ALLOCATION REQUIREMENT. ``The Secretary may not make grants under section 771(a) to any eligible entity in a total amount that is less than $500,000 or more than $2,000,000. ``SEC. 776. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out section 771(a), $50,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(b) Availability.--Amounts appropriated under subsection (a) are authorized to remain available until expended.''.

Higher Education Sustainability Act of 2005 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to establish sustainability programs at institutions of higher education. Requires such programs to develop and implement: (1) sustainability practices, including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors.

To direct the Secretary of Education to provide grants to establish sustainability programs, charged with developing and implementing integrated environmental, economic, and social sustainability initiatives through administrative and operational practices as well as multidisciplinary research, education, and outreach at institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Affordable Prescriptions Available for Seniors Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially the elderly and other vulnerable populations, are unable to afford their medication because of excessive and persistent drug price inflation; (2) between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent--nearly 4 times the general rate of inflation; (3) prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications; (4) because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by the cost of long- term care services; (5) individuals over the age of 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to an annual average of 5 prescriptions for those under the age of 65; (6) 90 percent of Americans who are 60 years of age or older take one or more medications daily; (7) The United States spends several billion dollars on biomedical and related health research and in 1994 the United States spent $33 billion on such research and the pharmaceutical industry only spent $14 billion on such research in such year; and (8) The pharmaceutical industry makes large profits off of the sale of drugs produced from the benefit of research paid for by the United States and, aside from royalties, none of such profits are reimbursed back to the United States taxpayers. SEC. 3. PRESCRIPTION DRUG ASSISTANCE PROGRAM. The Public Health Service Act is amended by adding at the end the following: ``TITLE XXVIII--PRESCRIPTION DRUG ASSISTANCE PROGRAM ``SEC. 2801. ESTABLISHMENT. ``(a) In General.--The Secretary shall establish a program of pharmacy assistance (referred to in this title as the `program') for eligible persons. ``(b) Administration.--Pharmacy assistance shall be provided under the program to eligible persons in the manner that the Secretary determines to be the most cost-effective, including indemnification, vouchers, coupons, or direct provider reimbursement through the claims payment system under title XIX of the Social Security Act, except that no system of administration shall make direct cash payments to an eligible person before the presentation of a receipt or other invoice for the purchase of any covered benefit. The Secretary may implement utilization review, clinical management, and other administrative techniques used in the management of the pharmacy benefits program under title XIX of the Social Security Act in order to identify and reduce drug interactions, overutilizations, therapeutic duplications, or early refills. ``(c) Income Levels.--The Secretary may authorize local councils on aging, community action agencies, and home care corporations to assist the Secretary in determining if persons meet the income eligibility requirements of the program. ``(d) Fee.--The Secretary may require an annual enrollment fee in an amount not to exceed $15 to be paid to defray the administrative expenses of the program. ``(e) Other Program Items.--The Secretary shall develop copayment requirements and may establish deductibles to control program expenses. Copayment amounts may vary to promote the purchase of generic drugs and may be based on a sliding income scale, except that copayment shall not be more than $10 per prescription. ``SEC. 2802. PROFITS FROM RESEARCH. ``(a) In General.--Except as provided in paragraph (2), any manufacturer of a drug which submits, in connection with an application for such drug under section 351 of this Act or section 505 of the Federal Food, Drug, and Cosmetic Act, the results of research-- ``(1) carried out by an entity of the National Institutes of Health, or ``(2) under an agreement under section 12 of the Stevenson- Wydler Technology Innovation Act of 1980, shall not receive approval of such application until the manufacturer enters into an agreement with the Secretary under which the manufacturer will pay to the Secretary 7 percent of the gross amount received by the manufacturer from sales of such drug. Such agreement shall specify the manner in which such gross amount shall be determined. ``(b) Exception.--The Secretary may waive the application of a subsection (a) to a manufacturer of a drug when the Secretary determines that it would be in the public interest to exempt such manufacturer. ``SEC. 2803. DEFINITIONS. ``For purposes of section 2801: ``(1) Covered benefits.--The term `covered benefits' means prescription drugs, including insulin syringes and insulin needles, and insulin, eligible for reimbursement under the program as defined by the Secretary, except that within each class of maintenance drugs eligible for reimbursement all such prescription drugs that have been approved safe and effective by the Federal Food and Drug Administration or are otherwise legally marketed in the United States shall be covered under the program. The term does not include experimental drugs or over-the-counter pharmaceutical products except insulin. The Secretary may restrict covered benefits to prescription drugs manufactured by pharmaceutical companies who agree to provide manufacturer rebates. ``(2) Eligible person.--The term `eligible person' means an individual who is 65 years or older with no existing pharmacy benefits or coverage from an insurance policy supplemental to benefits under title XVIII of the Social Security Act or pharmacy benefits or coverage from any other third party payor and one whose annual income does not exceed 175 percent of the Federal poverty guidelines. ``(3) Pharmacy assistance.--The term `pharmacy assistance' means an amount not exceeding $500 in any year for each eligible person to assist in the purchase of covered benefits.''.

Making Affordable Prescriptions Available for Seniors Act - Amends the Public Health Service Act to establish a program of pharmacy assistance for persons at least 65 years old with no pharmacy benefits from an insurance policy supplemental to title XVIII (Medicare) of the Social Security Act or coverage from any third party payor, and whose income is under a specified level. Allows an annual enrollment fee (of not over $15) and deductibles. Mandates copayments not over $10 per prescription. Prohibits approval of an application under provisions of the Public Health Service Act relating to biological products or provisions of the Federal Food, Drug, and Cosmetic Act relating to new drugs if the drug manufacturer submits with the application the results of research carried out by the National Institutes of Health, or under an agreement under the Stevenson-Wydler Technology Innovation Act of 1980, until the manufacturer agrees to pay to the Secretary of Health and Human Services seven percent of the gross sales receipts.

Making Affordable Prescriptions Available for Seniors Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Multifamily Housing Mortgage Loan Limit Adjustment Act of 2001''. SEC. 2. MORTGAGE LOAN LIMITS FOR MULTIFAMILY PROJECTS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``$30,420'' and inserting ``$38,025''; (2) by striking ``$33,696'' and inserting ``$42,120''; (3) by striking ``$40,248'' and inserting ``$50,310''; (4) by striking ``$49,608'' and inserting ``$62,010''; (5) by striking ``$56,160'' and inserting ``$70,200''; (6) by striking ``$9,000'' and inserting ``$11,250''; (7) by striking ``$35,100'' and inserting ``$43,875''; (8) by striking ``$39,312'' and inserting ``$49,140''; (9) by striking ``$48,204'' and inserting ``$60,255''; (10) by striking ``$60,372'' and inserting ``$75,465''; and (11) by striking ``$68,262'' and inserting ``$85,328''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``$30,420'' and inserting ``$38,025''; (2) by striking ``$33,696'' and inserting ``$42,120''; (3) by striking ``$40,248'' and inserting ``$50,310''; (4) by striking ``$49,608'' and inserting ``$62,010''; (5) by striking ``$56,160'' and inserting ``$70,200''; (6) by striking ``$35,100'' and inserting ``$43,875''; (7) by striking ``$39,312'' and inserting ``$49,140''; (8) by striking ``$48,204'' and inserting ``$60,255''; (9) by striking ``$60,372'' and inserting ``$75,465''; and (10 by striking ``$68,262'' and inserting ``$85,328''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by striking ``$30,420'' and inserting ``$38,025''; (2) by striking ``$33,696'' and inserting ``$42,120''; (3) by striking ``$40,248'' and inserting ``$50,310''; (4) by striking ``$49,608'' and inserting ``$62,010''; (5) by striking ``$56,160'' and inserting ``$70,200''; (6) by striking ``$35,100'' and inserting ``$43,875''; (7) by striking ``$39,312'' and inserting ``$49,140''; (8) by striking ``$48,204'' and inserting ``$60,255''; (9) by striking ``$60,372'' and inserting ``$75,465''; and (10) by striking ``$68,262'' and inserting ``$85,328''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by striking ``$33,638'' and inserting ``$42,048''; (2) by striking ``$38,785'' and inserting ``$48,481''; (3) by striking ``$46,775'' and inserting ``$58,469''; (4) by striking ``$59,872'' and inserting ``$74,840''; (5) by striking ``$66,700'' and inserting ``$83,375''; (6) by striking ``$35,400'' and inserting ``$44,250''; (7) by striking ``$40,579'' and inserting ``$50,724''; (8) by striking ``$49,344'' and inserting ``$61,680''; (9) by striking ``$63,834'' and inserting ``$79,793''; and (10) by striking ``$70,070'' and inserting ``$87,588''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by striking ``$30,274'' and inserting ``$37,843''; (2) by striking ``$34,363'' and inserting ``$42,954''; (3) by striking ``$41,536'' and inserting ``$51,920''; (4) by striking ``$52,135'' and inserting ``$65,169''; (5) by striking ``$59,077'' and inserting ``$73,846''; (6) by striking ``$32,701'' and inserting ``$40,876''; (7) by striking ``$37,487'' and inserting ``$46,859''; (8) by striking ``$45,583'' and inserting ``$56,979''; (9) by striking ``$58,968'' and inserting ``$73,710''; and (10) by striking ``$64,730'' and inserting ``$80,913''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by striking ``$28,782'' and inserting ``$35,978''; (2) by striking ``$32,176'' and inserting ``$40,220''; (3) by striking ``$38,423'' and inserting ``$48,029''; (4) by striking ``$46,238'' and inserting ``$57,798''; (5) by striking ``$54,360'' and inserting ``$67,950''; (6) by striking ``$32,701'' and inserting ``$40,876''; (7) by striking ``$37,487'' and inserting ``$46,859''; (8) by striking ``$45,583'' and inserting ``$56,979''; (9) by striking ``$58,968'' and inserting ``$73,710''; and (10) by striking ``$64,730'' and inserting ``$80,913''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by striking ``$30,420'' and inserting ``$38,025''; (2) by striking ``$33,696'' and inserting ``$42,120''; (3) by striking ``$40,248'' and inserting ``$50,310''; (4) by striking ``$49,608'' and inserting ``$62,010''; (5) by striking ``$56,160'' and inserting ``$70,200''; (6) by striking ``$35,100'' and inserting ``$43,875''; (7) by striking ``$39,312'' and inserting ``$49,140''; (8) by striking ``$48,204'' and inserting ``$60,255''; (9) by striking ``$60,372'' and inserting ``$75,465''; and (10) by striking ``$68,262'' and inserting ``$85,328''. SEC. 3. REGULATIONS. The Secretary of Housing and Urban Development shall issue regulations necessary to carry out the amendments made by this Act, which regulations shall take effect not later than the expiration of the 1-year period beginning on the date of enactment of this Act. SEC. 4. COST ADJUSTMENTS. The dollar amounts established by the amendments made by this Act shall be increased annually by the Secretary by the amount of increase, if any, in the Annual Construction Cost Index prepared by the Bureau of the Census within the Department of Commerce, in accordance with regulations prescribed by the Secretary.

FHA Multifamily Housing Mortgage Loan Limit Adjustment Act of 2001 - Amends the National Housing Act to increase multifamily project mortgage loan limits for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for the elderly; and (6) condominiums.

A bill to increase the mortgage loan limits under the National Housing Act for multifamily housing mortgage insurance.

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Safe Medications Act of 1995''. (b) Purpose.--It is the purpose of this Act to have the Secretary of Health and Human Services create a data bank for reports of deaths from the prescribing, dispensing, and administration of drugs, to establish a program using such data to assist in preventing such deaths, and to educate and inform health care professionals of the deaths that may occur in the course of drug therapy. SEC. 2. REPORTING. (a) In General.--Any pharmacy, hospital, long-term care facility, physician's office, or other health care facility, as defined by the Secretary of Health and Human Services by regulation, in which a death occurs as a result of the prescribing, dispensing, or administration of a drug to an individual shall report such deaths to the Secretary of Health and Human Services under section 3. Such a report shall be made not later than 10 working days after the date of the discovery of the deaths. (b) Report Requirements.--Each report of a death from the prescribing, dispensing, or administration of a drug to an individual shall at least contain-- (1) an identification of the person making the report, including the address and telephone number of such person, and the name and address of the facility in which the drug was prescribed, dispensed, or administered; (2) a description of the error in the prescription, dispensing, or administration of the drug if an error occurred to include the following: (A) the misunderstanding (if any) of an oral communication for the prescription of the drug involved, (B) the misinterpretation or misreading (if any) of a written prescription for the drug involved, (C) the improper identification (if any) of the drug involved because of shelf placement, (D) the confusion (if any) over the drug involved because of product packaging or drug name, and (E) when and how the error was discovered, (3) the brand name of the drug involved (if any), the generic name of such drug, the manufacturers of such drug, the labeler of such drug if different from the manufacturer, the dosage form of such drug, the strength of such drug, and the type and size of the drug containers; (4) the lot number of the drug involved, if available; (5) information on the patient for whom the drug involved was prescribed, dispensed, or administered, including the patient's age and sex, (6) the diagnosis for which the drug involved was prescribed, dispensed, or administered, and (7) the date and time of the death. Reporting requirements shall be updated as directed by the Secretary. SEC. 3. DATA BANK. (a) Establishment.--The Secretary of Health and Human Services shall establish and maintain in cooperation with the compiler of the official compendia of drug standards a data bank to receive reports under section 2 of deaths. If such compiler will not cooperate in connection with such data bank, the Secretary shall establish or by contract provide for such data bank. (b) Secretarial Action.--The Secretary shall review information reported to the data bank on an ongoing basis to determine trends relating to drugs and shall report such information to the compiler of the official compendia of drug standards on an ongoing basis for consideration of revision of the packaging and labeling requirements or other standards for drugs for dissemination to physicians, pharmacists, and other health professionals involved in the prescribing, dispensing, and administration of drugs to patients. Such reporting of aggregate data shall be done in a manner which assists such health professionals in identifying and reducing patterns and incidents of inappropriate use associated with certain drugs. (c) Confidentiality.--The identity of a person making a report to the data bank, the deceased, and the individual who prescribed, dispensed, or administered the drug shall be considered as privileged and confidential information for purposes of any law requiring disclosure of information. (d) Shared Information.--The Secretary shall share the reported information with governmental licensing, accreditation, and inspection agencies for their action with the appropriate organizations to ensure that there has not been a failure to report such deaths. (e) Enforcement.--Whoever with false pretenses reports to the data bank, requests information from the data bank, or unlawfully gains access to the data bank shall be fined not more than $15,000 or imprisoned for not more than 3 years, or both, except that if a person commits a violation of this subsection after a conviction for a violation of this subsection has become final, such person shall be fined not more than $25,000 or imprisoned for not more than 3 years, or both. SEC. 4. PENALTIES. (a) Imposition of Fine.--Any institution that does not make a report as required by section 2 shall be subject to a fine of $15,000 for each report not made. Within 60 days of a conviction under this subsection, a person shall submit to the Secretary of Health and Human Services a plan for the reporting to the data bank of deaths from drugs and drug prescribing, dispensing, and administration errors. (b) Mandatory Exclusion from Medicare and State Health Care Programs.--Section 1128(a) of the Social Security Act (42 U.S.C. 1320a- 7(a)) is amended by adding at the end the following new paragraph: ``(3) Failure to report deaths resulting from the prescribing, dispensing, and administration of drugs.--Any individual or entity that has failed or refused to respond to a subpoena for information on a reportable incident or has failed to meet the requirements of section 2 of the Safe Medications Act of 1995.''.

Safe Medications Act of 1995 - Requires any health care facility in which an error in the prescribing, dispensing, or administration of a drug results in an individual's death, to report such error and resulting death to a data bank to be established by the Secretary of Health and Human Services. Requires the Secretary to review reported information to determine trends relating to drugs and to report to compilers of the official compendia for consideration of revisions of packaging and labeling requirements and dissemination to health professionals. Imposes fines for reporting to or requesting information from the data bank unlawfully. Prescribes penalties for failing to make required reports. Amends the Social Security Act to exclude any individual or entity for noncompliance with this Act.

Safe Medications Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Faculty Higher Education Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In their 2006-2007 survey of 722 schools of nursing with baccalaureate and graduate programs, the American Association of Colleges of Nursing found that U.S. nursing schools turned away 42,866 qualified applicants. The National League for Nursing (NLN) released a preliminary report on December 9, 2005 which estimated that schools of nursing with entry-level baccalaureate, associate, and diploma programs were forced to reject more than 147,000 qualified applications for 2005. This was an 18 percent increase over last year's figures. (2) In 2006, the mean ages of doctorally prepared nurse faculty holding the ranks of professor, associate professor, and assistant professor are 58.6, 55.8, and 51.6 respectively. For master's degree-prepared nurse faculty, the average ages for professors, associate professors, and assistant professors were 56.5, 54.8, and 50.1 years, respectively. (3) The average age at retirement of nurse faculty is 62.5 years and it is expected that 200 to 300 doctorally prepared faculty will be eligible for retirement each year from 2007 through 2012 just as more than 1 million replacement nurses will be needed. (4) The current faculty shortage will be greatly compounded in the next few years by the retirement of many of the current nurse faculty in the United States. Without sufficient nurse faculty, schools of nursing cannot expand enrollments, and the nursing shortage will continue to cripple our nation's health care delivery system. (5) Nursing salaries for faculty are not competitive when compared to similarly educated nurses in clinical or administrative positions, as the average salary of a master's prepared nurse faculty member in 2005 was $66,925 compared to $84,835 for a master's prepared nurse practitioner working in an emergency department. SEC. 3. ESTABLISHMENT OF PROGRAM. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following new part: ``PART E--NURSE FACULTY PILOT PROJECT ``SEC. 771. PURPOSES. ``The purposes of this part are to create a pilot program-- ``(1) to provide scholarships to qualified nurses in pursuit of an advanced degree with the goal of becoming faculty members in an accredited nursing program; and ``(2) to provide grants to partnerships between accredited schools of nursing and hospitals or health facilities to fund release time for qualified nurse employees, so that those employees can earn a salary while obtaining an advanced degree in nursing with the goal of becoming nurse faculty. ``SEC. 772. ASSISTANCE AUTHORIZED. ``(a) Competitive Grants Authorized.--The Secretary may, on a competitive basis, award grants to, and enter into contracts and cooperative agreements with, partnerships composed of an accredited school of nursing at an institution of higher education and a hospital or health facility to establish not more than 5 pilot projects to enable such hospital or health facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited school of nursing. ``(b) Duration; Evaluation and Dissemination.-- ``(1) Duration.--Grants under this part shall be awarded for a period of 3 to 5 years. ``(2) Mandatory evaluation and dissemination.--Grants under this part shall be primarily used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in section 771(2). ``(c) Considerations in Making Awards.--In awarding grants and entering into contracts and cooperative agreements under this section, the Secretary shall consider the following: ``(1) Geographic distribution.--Providing an equitable geographic distribution of such grants. ``(2) Rural and urban areas.--Distributing such grants to urban and rural areas. ``(3) Range and type of institution.--Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education. ``(4) Prior experience or exceptional programs.-- Institutions of higher education with demonstrated prior experience in providing advanced nursing education programs to prepare nurses interested in pursuing a faculty role. ``(d) Uses of Funds.--Funds made available by grant, contract, or cooperative agreement under this part may be used-- ``(1) to develop a new national demonstration initiative to align nursing education with the emerging challenges of healthcare delivery; and ``(2) for any one or more of the following innovations in educational programs: ``(A) to develop a clinical simulation laboratory in a hospital, health facility, or accredited school of nursing; ``(B) to purchase distance learning technologies; ``(C) to fund release time for qualified nurses enrolled in the graduate nursing program; ``(D) to provide for faculty salaries; and ``(E) to collect and analyze data on educational outcomes. ``SEC. 773. APPLICATIONS. ``Each partnership desiring to receive a grant, contract, or cooperative agreement under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include assurances that-- ``(1) the individuals enrolled in the program will be qualified nurses in pursuit of a master's or doctoral degree in nursing and have a contractual obligation with the hospital or health facility that is in partnership with the institution of higher education; ``(2) the hospital or health facility of employment would be the clinical site for the accredited school of nursing program; ``(3) individuals will also maintain their employment on a part time basis to the hospital or health facility that allowed them to participate in the program, and will receive an income from the hospital or health facility, as a part time employee, and release times or flexible schedules to accommodate their class schedule. ``(4) upon completion of the program, individuals agree to teach for 2 years in an accredited school of nursing for each year of support the individual received under this program; and ``SEC. 774. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for this part not more than $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``SEC. 775. DEFINITION. ``For purposes of this part, the term `health facility' means an Indian Health Service health service center, a Native Hawaiian health center, a hospital, a Federally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, or ambulatory surgical center.''.

Nurse Faculty Higher Education Act - Amends the Higher Education Act of 1965 to allow the Secretary of Education to award grants to, and enter into contracts and cooperative agreements with, partnerships composed of an accredited school of nursing at an institution of higher education and a hospital or other health facility to establish pilot projects to enable such a facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become faculty members of such a school. Requires such individuals to teach for two years for each year of support received under the program.

To create a pilot program to increase the number of graduate educated nurse faculty to meet the future need for qualified nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Reserve Trust Act''. SEC. 2. STATE OBLIGATION TO PROVIDE CHILD SUPPORT RESERVE TRUST SYSTEM. Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (32) by striking ``and'' at the end; (2) in paragraph (33) by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (33) the following new paragraph: ``(34) provide that, on and after January 1, 2001, the State agency will have in effect a State reserve trust system that meets the requirements of section 454C.''. SEC. 3. REQUIREMENTS OF CHILD SUPPORT RESERVE TRUST SYSTEM. The Social Security Act is amended by inserting after section 454B (42 U.S.C. 654b) the following new section: ``SEC. 454C. RESERVE TRUST SYSTEM. ``(a) In General.--In order for a State to meet the requirements of this section, the State must-- ``(1) have in effect laws requiring the use of the procedures described in subsection (b); and ``(2) establish and operate a unit (which shall be known as the State reserve trust unit) that has authority to carry out, and shall carry out, such laws and procedures. ``(b) Required Procedures.--The procedures described in this subsection are procedures to carry out the following: ``(1) Withholding of anticipated future child support.--On any sale or refinancing by a person of any real property in the State against which a lien for amounts of overdue support owed by the person has ever arisen, without regard to whether such lien has ever been extinguished, the State reserve trust unit shall-- ``(A) withhold the net proceeds of the person from the sale or refinancing; ``(B) apply the net proceeds withheld under subparagraph (A) to any overdue support owed by the person; ``(C) determine the anticipated future child support of the person; ``(D) hold in trust, for the benefit of the child or children for whom the person has a support obligation, an amount equal to the lesser of-- ``(i) the anticipated future child support determined under subparagraph (C); and ``(ii) the net proceeds withheld under subparagraph (A), as reduced by any application of such proceeds under subparagraph (B); and ``(E) distribute to the person any amounts not held in trust under subparagraph (D). ``(2) Application of amounts withheld to overdue child support.--If a person owes overdue child support with respect to a child, and the State reserve trust unit holds in trust amounts withheld from the person for the benefit of the child, the State reserve trust unit shall promptly apply such amounts to satisfy such overdue child support, if the State reserve trust unit determines that all other remedies available under the laws of the State are insufficient to satisfy the overdue child support. ``(3) Adjustment of amounts withheld.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, and the support obligation of the person with respect to the child is adjusted under otherwise available State procedures, the State reserve trust unit shall promptly-- ``(A) redetermine the anticipated future child support of the person with respect to the child; and ``(B) if the amounts held in trust are less than the anticipated future child support as redetermined under subparagraph (A), distribute the difference to the person. ``(4) Termination of trust.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, the State reserve trust unit shall distribute the amounts to the person if-- ``(A) the person does not owe overdue child support with respect to the child; and ``(B) the support obligation of the person with respect to the child has finally ceased. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Anticipated future child support.--The term `anticipated future child support' means the present value of each child support payment that will come due under the support obligation of the person, assuming that the support obligation will finally cease solely because the child has attained an age requiring the termination of the support obligation. ``(2) Finally cease.--The term `finally cease' means to cease-- ``(A) because the person or the child has died; ``(B) because the child has attained an age requiring the termination of the support obligation; ``(C) because the relationship of parent and child has been terminated by a final judicial act, such as an order establishing nonpaternity or an order emancipating the child; or ``(D) because of any other circumstance that results in cessation under State law that is permanent, substantial, and not solely a change in custody.''.

Child Support Reserve Trust Act - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a State plan for child and spousal support to provide that, as of January 1, 2001, the State agency will have in effect a State reserve trust system that requires: (1) the use of certain procedures; and (2) establishes a State reserve trust unit to implement them. Requires a State reserve unit to: (1) withhold the net proceeds from the sale or refinancing of real property in the State against which a lien exists for overdue child support by the seller or refinancer, without regard to whether such lien has ever been extinguished; (2) hold a certain amount of such proceeds (anticipated future child support) in trust for the benefit of the child or children for whom the person has a support obligation; and (3) apply such amounts to satisfy such overdue child support, if all other available remedies are insufficient to do so.

To amend the Social Security Act to require that anticipated child support be held in trust on the sale or refinancing of certain real property of an obligated parent.

SECTION 1. INCREASED DISCLOSURE OF DUES OF TAX-EXEMPT ORGANIZATIONS USED FOR POLITICAL PURPOSES. (a) Replacement of Exception Where Dues Are Generally Nondeductible.--Section 6033(e)(3) of the Internal Revenue Code of 1986 (relating to exception where dues are generally nondeductible) is amended to read as follows: ``(3) Exception where annual dues are small or from other exempt organizations.-- ``(A) In general.--Paragraph (1)(A) shall not apply to an organization which establishes to the satisfaction of the Secretary that at least 90 percent of all annual dues or other similar amounts are received from-- ``(i) persons who each pay annual dues or other similar amounts which are $100 or less, or ``(ii) the following: ``(I) organizations exempt from taxation under subtitle A other than organizations described in paragraph (1)(B)(i); ``(II) State and local governments; and ``(III) entities the income from which is exempt from taxation under section 115. Clause (i) shall not apply to an organization described in section 501(c)(6). ``(B) Cost-of-living adjustment.--In the case of taxable years beginning in a calendar year after 1997, the $100 amount under subparagraph (A)(i) shall be increased by an amount equal to the product of $100 and the cost-of-living adjustment for such calendar year under section 1(f)(3), except that subparagraph (B) thereof shall be applied by substituting `1996' for `1992'. If the amount of any such increase is not a multiple of $1, such amount shall be increased to the next highest $1.'' (b) Proxy Tax May Not Be Used To Avoid Disclosure to Members.-- (1) In general.--Section 6033(e)(2)(A) of the Internal Revenue Code of 1986 (relating to tax imposed where organization does not notify) is amended to read as follows: ``(A) Imposition of tax.-- ``(i) In general.--If an organization fails to include in the notices described in paragraph (1)(A) for any taxable year the amount allocable to expenditures to which section 162(e)(1) applies (determined on the basis of actual amounts rather than the reasonable estimates under paragraph (1)(A)(ii)), then there is hereby imposed on such organization for such taxable year a tax in an amount determined under clause (iii). ``(ii) Election to pay surrogate tax.-- ``(I) In general.--An organization providing the notices described in paragraph (1)(A) for any taxable year may elect to pay a tax for such taxable year in the amount determined under clause (iii). ``(II) Effect of election on deductibility.--If an organization pays a tax under subclause (I) for any taxable year, paragraph (3) of section 162(e) shall not apply to the portion of the dues or other similar amounts paid by a taxpayer to such organization which are allocable to the expenditures with respect to which such organization paid the tax under subclause (I). ``(III) Incorrect notices.--In the case of an election under subclause (I), an additional tax shall be imposed under clause (i) if the estimates in the notices are less than the actual amounts. ``(iii) Amount of tax.--For purposes of this subparagraph, the amount of tax determined under this clause is an amount equal to the product of the highest rate of tax imposed by section 11 for the taxable year and-- ``(I) in the case of a failure to which clause (i) applies, the aggregate amount not included in the notices described in paragraph (1)(A) by reason of such failure, or ``(II) in the case of an election under clause (ii), the aggregate amount included in the notices with respect to which the election was made.'' (2) Notice requirement.--Section 6033(e)(1)(A)(ii) of such Code (relating to reporting requirements) is amended to read as follows: ``(ii) except as provided in paragraph (3), shall, at the time of assessment or payment of such dues or other similar amounts, provide notice to each person making such payment which contains-- ``(I) a reasonable estimate of the portion of such dues or other similar amounts to which such expenditures are so allocable, and ``(II) whether or not a deduction is allowable to such person with respect to such portion.'' (3) Penalties for failure to provide notice.-- (A) Notice accompanying dues.--Section 6710 of such Code (relating to failure to disclose that contributions are nondeductible) is amended-- (i) in subsection (a), by inserting ``or a failure to meet the requirement of section 6033(e)(1)(A)(ii) by an organization to which section 6033(e) applies'' after ``section 6113 applies''; and (ii) in subsection (c), by inserting ``or section 6033(e)(1)(A)(ii)'' after ``section 6013''. (B) Annual notice.--Section 6724(d)(2) of such Code (relating to payee statements), as amended by the Small Business Job Protection Act of 1996 and the Health Insurance Portability and Accountability Act of 1996, is amended by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) the last sentence of section 6033(e)(1)(A).'' (4) Conforming amendments.-- (A) Section 6033(e)(2)(B) of such Code is amended by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)(i)(I)''. (B)(i) The heading for section 6710 of such Code is amended by inserting ``or that dues are for lobbying activities'' after ``nondeductible''. (ii) The item relating to section 6710 in the table of sections for part I of subchapter B of chapter 68 of such Code is amended by inserting ``or that dues are for lobbying activities'' after ``nondeductible''. (c) Organizations To Which Disclosure Rules Apply.--Section 6033(e)(1)(B)(i) of the Internal Revenue Code of 1986 (relating to organizations to which subsection applies) is amended to read as follows: ``(i) In general.--This subsection shall apply to any organization which is described in paragraph (4), (5), or (6) of section 501(c) (other than a veterans' organization) and which is exempt from taxation under section 501(a).'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 1996. SEC. 2. 2-PERCENT FLOOR ON ITEMIZED DEDUCTIONS NOT TO APPLY TO DEDUCTION FOR DUES. (a) In General.--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) the deduction allowed under section 162 for dues or other similar amounts paid by an individual to an organization described in paragraph (4), (5), or (6) of section 501(c) (other than a veterans' organization) and exempt from taxation under section 501(a).'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to revise provisions concerning rules relating to returns of organizations engaging in lobbying activities, including requiring notice to members of tax-exempt organizations of the portion of their dues used for such activities. Excludes from the two-percent floor on miscellaneous itemized deductions rule dues for tax-exempt organizations, except for veterans' organizations.

To amend the Internal Revenue Code of 1986 to ensure that members of tax-exempt organizations are notified of the portion of their dues used for political and lobbying activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Forbidding Advertisement Through Child Exploitation Act of 2013'', or the ``FACE Act of 2013''. SEC. 2. PROHIBITION ON COMMERCIAL USE BY SOCIAL MEDIA SERVICES OF UPLOADED SELF-IMAGES OF MINORS. (a) In General.--A provider of a social media service may not intentionally or knowingly use for a commercial purpose a self-image uploaded to such service by a minor. (b) Regulations.--The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code, to implement this section. SEC. 3. APPLICATION AND ENFORCEMENT. (a) General Application.--The requirements of section 2 and the regulations promulgated under such section apply, according to their terms, to those persons, partnerships, and corporations over which the Federal Trade Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 2 or a regulation promulgated under such section shall be treated as an unfair or deceptive act or practice in 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 section 2 and the regulations promulgated under such section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 or a regulation promulgated under such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Enforcement by State Attorneys General.-- (1) In general.--In any case in which the attorney general of a State, or an official or agency 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 section 2 or a regulation promulgated under such section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to-- (A) enjoin such act or practice; (B) enforce compliance with such section or such regulation; (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.--On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (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. SEC. 4. EFFECT ON STATE LAW. Nothing in this Act preempts any provision of law of a State or a political subdivision of a State that is more protective with respect to commercial use of self-images uploaded by minors to social media services. SEC. 5. DEFINITIONS. In this Act: (1) Self-image.--The term ``self-image'' means, with respect to an individual, an image that depicts the individual. (2) Social media service.--The term ``social media service'' means any online service that allows an individual to upload, store, and manage personal content in order to share the content with other individuals. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date that is 6 months after the date of the enactment of this Act.

Forbidding Advertisement Through Child Exploitation Act of 2013 or the FACE Act of 2013 - Prohibits social media service providers from intentionally or knowingly using for a commercial purpose a self-image uploaded by a minor. Defines "social media service" as any online service that allows an individual to upload, store, and manage personal content to share with other individuals. Requires violations to be treated as an unfair or deceptive act or practice under the Federal Trade Commission Act. Sets forth the enforcement authority of the Federal Trade Commission (FTC) and state attorneys general.

FACE Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislator Act of 2012''. SEC. 2. 50 PERCENT REDUCTION IN MEMBER SALARIES AND IN EXPENSES FOR MEMBER OFFICES, LEADERSHIP OFFICES, AND COMMITTEES. (a) Member Salaries.--Section 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)) by striking the matter following subparagraph (C) and inserting the following: ``shall be 50 percent of the rate determined for such positions for pay periods occurring during fiscal year 2012, as adjusted by paragraph (2).'' (b) Salaries and Expenses of House Offices.-- (1) Members representational allowance.--Section 101 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 57b) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection: ``(e) Limitation on Aggregate Amount.--During fiscal year 2012 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for all Members' Representational Allowances may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for such Allowances for fiscal year 2012.''. (2) House leadership offices.--During fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of House leadership offices may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012. For purposes of this paragraph, the term ``House leadership office'' means, with respect to any fiscal year, an office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading ``House Leadership Offices'' in the act making appropriations for the Legislative Branch for the fiscal year involved. (3) House committees.--During fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of committees of the House of Representatives, including joint committees for which the amounts disbursed for salaries and expenses are disbursed by the Chief Administrative Officer of the House of Representatives, may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such committees for fiscal year 2012. (c) Salaries and Expenses of Senate Offices.-- (1) Personal offices.--During fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of offices of Senators may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012. (2) Senate leadership offices.--During fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of Senate leadership offices may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012. For purposes of this paragraph, the term ``Senate leadership offices'' means the offices of the President pro Tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate. (3) Senate committees.--During fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of committees of the Senate, including joint committees for which the amounts disbursed for salaries and expenses are disbursed by the Secretary of the Senate, may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such committees for fiscal year 2012. SEC. 3. REDUCTION IN MEMBER SALARIES FOR YEARS DURING WHICH CONGRESS EXCEEDS 60 DAYS IN SESSION. 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 for exceeding 60 days in session.-- ``(A) Reduction.--For every 5 days on which a House of Congress is in session during a session of a Congress, each annual rate referred to in paragraph (1) which applies to members of that House shall be reduced by 10 percent. ``(B) Exemption for first 60 days and pro forma sessions.--In determining the number of days on which a House of Congress is in session during a session of a Congress for purposes of subparagraph (A), there shall be excluded-- ``(i) the first 60 days on which that House is in session; and ``(ii) any day on which that House is in session solely on a pro forma basis.''. SEC. 4. REMOVAL OF LIMITATION ON OUTSIDE EARNED INCOME FOR MEMBERS, DELEGATES, AND THE RESIDENT COMMISSIONER. (a) House of Representatives.--(1) Clause 1(a) of rule XXV of the Rules of the House of Representatives is amended to read as follows: ``1.(a)(1) Except as provided by paragraph (b), an officer or employee of the House may not have outside earned income attributable to a calendar year that exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, as of January 1 of that calendar year. ``(2) A Member, Delegate, Resident Commissioner, officer, or employee of the House may not receive any honorarium, except that an officer or employee of the House who is paid at a rate less than 120 percent of the minimum rate of basic pay for GS-15 of the General Schedule may receive an honorarium unless the subject matter is directly related to the official duties of the individual, the payment is made because of the status of the individual with the House, or the person offering the honorarium has interests that may be substantially affected by the performance or nonperformance of the official duties of the individual.''. (2) Clause 1(b) of rule XXV of the Rules of the House of Representatives is amended by striking ``a Member, Delegate, Resident Commissioner, officer, or employee'' each place it appears and inserting ``an officer or employee''. (3) Rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 18 as clause 19 and by inserting after clause 17 the following new clause: ``17. A Member, Delegate, Resident Commissioner, officer, or employee of the House may not derive any outside income as a result of the privilege of their office.''. (b) Senate.--(1) Paragraph 5 of rule XXXVII of the Standing Rules of the Senate is amended-- (A) in subparagraph (a), by striking ``Member, officer, or employee'' and inserting ``officer or employee''; and (B) in subparagraph (b), by striking ``Member or''. (2) Paragraph 6 of rule XXXVII of the Standing Rules of the Senate is amended-- (A) in subparagraph (a), by striking ``Member, officer, or employee'' each place it appears and inserting ``officer or employee''; and (B) in subparagraph (b), by striking ``A Member or an'' and inserting ``An''. SEC. 5. RESTORATION OF ELECTION OF MEMBERS NOT TO PARTICIPATE IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM. Section 8401(20) of title 5, United States Code, is amended by striking all that follows ``System'' and inserting a semicolon. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect January 1, 2013.

Citizen Legislator Act of 2012 - Amends the Legislative Reorganization Act of 1946 (LRA) to reduce the salaries of Members of Congress to 50% of the ordinary rate for pay periods occurring during FY2012, as adjusted by statutory pay adjustments. Amends the House of Representatives Administrative Reform Technical Corrections Act to limit for FY2013 the aggregate amount made available for the following entities to 50% of the amount appropriated or otherwise made available for FY2012: (1) Members' Representational Allowances; and (2) salaries and expenses of congressional leadership offices, Senate offices, and congressional standing and joint committees. Amends the LRA to reduce by 10% the annual rate of pay for Members of Congress for every five days over 60 that their respective chamber is in session, unless its solely on a pro forma basis, during a session of Congress. Amends Rule XXV (Limitations on Outside Earned Income and Acceptance Gifts) of the Rules of the House of Representatives to allow Members of the House to earn outside income attributable to a calendar year that exceeds 15% of the annual rate of basic pay for level II of the Executive Schedule, as of January 1 of that calendar year. (Currently outside income exceeding 15% of that annual rate is prohibited.) Amends Rule XXIII (Code of Official Conduct) to prohibit such Members, officers, or employees from deriving any outside earned income resulting from the privilege of their office. Amends Rule XXXVII (Conflict of Interest) of the Standing Rules of the Senate to allow a Senator compensated at a rate in excess of $25,000 per annum and employed for more than 90 days in a calendar year to: (1) affiliate with a firm, partnership, association, or corporation to provide professional services for compensation; (2) authorize the use of his or her name by such an entity; (3) practice a profession for compensation to any extent during regular office hours of the Senate office in which employed; or (4) serve without compensation as an officer or member of the board of any publicly held or publicly regulated corporation, financial institution, or business entity, under specified conditions. (Currently such affiliation and activities are prohibited.) Allows a Senator whose rate of basic pay is equal to or greater than 120% of the annual rate of basic pay in effect for grade GS-15 of the General Schedule to: (1) receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity which provides professional services involving a fiduciary relationship; (2) authorize the use of his or her officer's or employee's name to be used by any such entity; (3) receive compensation for practicing a profession which involves a fiduciary relationship or for teaching, without the prior notification and approval of the Select Committee on Ethics; and (4) serve for compensation as an officer or member of the board of any association, corporation, or other entity. (Currently such affiliation and activities are prohibited.) Allows a Member of the House, who served as a Member before the enactment of the Legislative Branch Appropriations Act, 2004, to opt out of participating in the Federal Employees' Retirement System (FERS).

To reduce the salaries of Members of Congress and the amounts available for the salaries and expenses of offices of Members, committees, and the leadership of Congress by 50 percent, to provide for further reductions in the salaries of Members of Congress to the extent that Congress is in session for more than 60 days during any session of a Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gifted and Talented Students Education Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. (2) Because gifted and talented students generally are more advanced academically, are able to learn more quickly and study in more depth and complexity than others their age, the students have special educational needs that require opportunities and experiences that are different from those generally available in regular education programs. (3) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research and support regarding the characteristics of gifted children and their educational and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. (4) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. (5) While some States and school districts allocate resources to educate gifted and talented students, others do not. Additionally, State laws and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special- needs population. (6) If the United States is to compete successfully in the global economy, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary in today's workplace. (7) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 math content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of participating countries. (8) Elementary school students that are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. (9) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. (b) Purpose.--The purpose of this Act is to provide grants to States to support programs, classes, and other services designed to meet the needs of the Nation's gifted and talented students in elementary and secondary schools. SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES. (a) In General.--The Secretary is authorized to provide grants to States for use by public schools to develop or expand gifted and talented education programs and to provide direct educational services and materials through 1 or more of the following activities: (1) Professional development programs.--States may expend funds to develop and implement programs to address State and local needs for inservice training programs for general educators, specialists in gifted and talented education, administrators, school counselors, or other personnel at the elementary and secondary levels. (2) Technical assistance.--A State may make materials and services available through State regional education service centers, universities, colleges, or other entities. (3) Programs and services.-- (A) Direct services and materials.--States may expend funds to provide direct educational services and materials to gifted and talented students. Strategies developed with such funds may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. (B) Innovative approaches.--States may support innovative approaches and curricula used by school districts, individual schools, or consortia of schools or school districts. (4) Emerging technologies.--States may provide funds to provide challenging, high-level course work to individual students or groups of students in schools and school districts that do not have the resources to otherwise provide the courses through new and emerging technologies, including distance learning. Funds may be used to develop curriculum packages, compensate distance-learning educators, or for other relevant purposes, but may not be used for the purchase or upgrading of technological hardware. (b) State Infrastructure Costs.-- (1) Administrative Costs.--Not more than 10 percent of the total amount received under this Act may be used for State educational agency administrative costs, such as-- (A) facilitating the coordination of gifted and talented education programs and services; (B) disseminating information and materials to teachers and parents; (C) creating State gifted education advisory boards; and (D) administering funds received under this Act. (2) Education and support.--Not more than 2 percent of the total amount received under this Act may be used by a State to provide information, education, and support to parents and caregivers of gifted and talented children to enhance their ability to participate in decisions regarding their children's educational programs. Such education shall be developed and carried out by parents and caregivers or by parents and caregivers in partnership with the State. SEC. 4. APPLICATION. (a) In General.--To be eligible to receive a grant under this Act, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--The application described in subsection (a) shall include assurances that-- (1) funds received under this Act shall be used to identify and support gifted and talented students, including students from all economic, ethnic, and racial backgrounds, students of limited English proficiency, students with disabilities, and highly gifted students; (2) not less than 88 percent of the funds received by the State will be distributed to public schools within the State; (3) funds received under this Act shall be used only to supplement, but not supplant, the amount of State and local funds expended for the specialized education and related services provided for the education of gifted and talented students; and (4) the State shall develop and implement program assessment models to evaluate educational effectiveness and ensure program accountability. (c) Approval.--The Secretary shall approve an application of a State educational agency if such application meets the requirements of this section. SEC. 5. ALLOTMENT TO STATES. (a) In General.--Except as provided in subsection (b), of the total amount made available to carry out this Act for a fiscal year, the Secretary shall award to each State an amount that bears the same relation to the total amount as the number of children ages 5 through 18 in the State for the preceding academic year bears to the total number of all such children in all States for such year. (b) Minimum Award.-- (1) In general.--Except as provided in paragraph (2), each State that meets the requirements of this Act shall receive not less than $1,000,000 for the fiscal year involved. (2) Ratable reduction.--If the amount made available to carry out this Act for a fiscal year is insufficient to allocate the amount specified in paragraph (1) to each State, the allocation shall be ratably reduced for each State. SEC. 6. REPORTING. Not later than 1 year after the date of the enactment of this Act and for each subsequent year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this Act. The report shall include a description of the measures taken to comply with the accountability requirements of section 4. SEC. 7. DEFINITIONS. In this Act: (1) Gifted and talented.--The term ``gifted and talented'' has the meaning given such term under applicable State law or as such term is defined by the State or local educational agency involved, or in the case of a State that does not have a law that defines the term and the State or local educational agency has not defined the term, the term has the meaning given such term under section 14101(16) of the Elementary and Secondary Education Act (20 U.S.C. 8801(16)). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means each of the 50 States and the District of Columbia. (4) State educational agency.--The term ``State educational agency'' has the meaning given the term under section 14101(28) of the Elementary and Secondary Education Act (20 U.S.C. 8801(28)). SEC. 8. AUTHORIZATION OF APPROPRIATION. There is authorized to be appropriated $160,000,000 for each of fiscal years 2000, 2001, 2002, 2003, and 2004 to carry out this Act.

Gifted and Talented Students Education Act of 1999 - Authorizes the Secretary of Education to make grants to States for use by public schools to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) direct services and materials for gifted and talented students, through revised curricula, acceleration, independent study, dual enrollment or other strategies; (4) innovative approaches and curricula; and (4) emerging technologies, including distance learning. Allows States to use a limited portion of such grant funds for information, education, and support to parents and caregivers for their participation in deciding on educational programs for their gifted and talented children. Sets forth requirements for grant applications, allotment to States, and reporting. Authorizes appropriations.

Gifted and Talented Students Education Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arizona Voluntary Grazing Permit Buyout Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The grazing of livestock on Federal lands in Arizona is an increasingly difficult undertaking for grazing permittees and lessees due to growing conflicts with other legitimate uses of the same lands, such as environmental protection and burgeoning recreational use. (2) Sustained drought in the arid Southwest, foreign competition, changing domestic markets, industry restructuring, and individual ranch situations have combined to result in grazing permits and leases becoming stranded investments for many grazing permittees and lessees in Arizona. (3) Attempts to resolve grazing conflicts with other multiple uses of Federal lands often require extensive range developments and monitoring that greatly increase costs to both grazing permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands in Arizona have, or are likely to become, unsuitable for livestock production as a result of the combined effect of the aforementioned factors. (5) The cost of the Federal grazing program in Arizona greatly exceeds revenues to the Federal treasury from grazing fee receipts. (6) Many grazing permittees and lessees in Arizona have indicated their willingness to end livestock grazing on their Federal grazing allotments in exchange for a one-time payment to reasonably compensate them for the effort and investment that they have made in such allotments. (7) A broad coalition of ranchers and environmental and conservation groups in Arizona have agreed that a voluntary program to buyout grazing permits and leases would provide the best solution to the aforementioned problems. (8) Compensating grazing permittees and lessees to end livestock grazing on Federal lands would help recapitalize an ailing sector of rural Arizona by providing economic options to grazing permittees and lessees that do not presently exist, thus allowing them to restructure their grazing operations or start new businesses. (9) Reasonable compensation will help alleviate the need for grazing permittees and lessees to sell or subdivide their private lands. (10) A voluntary buyout program in Arizona would resolve growing conflicts between livestock grazing and other multiple uses in Arizona, and would also be fiscally prudent and socially just. (11) The operation of a voluntary buyout program in Arizona would provide Congress with critical information concerning the possible expansion of such a program nation-wide. SEC. 3. ARIZONA VOLUNTARY GRAZING PERMIT AND LEASE BUYOUT PROGRAM. (a) Definitions.--In this section: (1) The term ``Secretary concerned'' means the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, or the Secretary of Defense, as appropriate, who has administrative jurisdiction over the Federal lands and the grazing permit or lease at issue. (2) The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use, for a term of at least five years, of Federal lands in Arizona for the purpose of grazing domestic livestock. (3) The terms ``permittee or lessee'' and ``permittees and lessees'' refer to a livestock operator who holds, or livestock operators who hold, a valid term grazing permit or lease. (4) The term ``grazing allotment'' means a designated portion of Federal land upon which domestic livestock are permitted to graze by a term grazing permit or lease. (5) The term ``animal unit month'' means the amount of forage needed to sustain one animal unit for one month. Animal unit is defined by the Secretary concerned issuing the permit or lease. (6) The term ``range developments'' means structures, fences and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock, and specifically not including rolling stock, livestock and diversions of water from Federal lands onto non-Federal lands. (b) Waiver of Existing Grazing Permit or Lease.--A permittee or lessee may at any time waive to the Secretary concerned a valid existing grazing permit or lease authorizing livestock grazing on Federal land in Arizona. (c) Cancellation of Waived Grazing Permit or Lease.--The Secretary concerned shall cancel grazing permits or leases waived under subsection (b) and permanently retire the associated grazing allotments from domestic livestock grazing use, notwithstanding any other provision of law. (d) Compensation.--A permittee or lessee who waives a permit or lease to the Secretary concerned under subsection (b) shall be compensated at $175 per animal unit month based on the average over the last 10 years of the numbers of animal unit months permitted to the permittee or lessee or the predecessors of the permittee or lessee, not including suspended animal unit months. In the case of an ephemeral grazing permit or lease, the permittee or lessee shall be compensated for the average over the last 10 years of the actual animal unit months of grazing use. If a permittee or lessee is in arrears of Federal grazing fees, the amount of fees in arrears shall be deducted from the amount of compensation otherwise due the permittee or lessee under this subsection. (e) Effect of Waiver on Range Developments.--A permittee or lessee that waives a permit or lease to the Secretary concerned under subsection (b) and receives compensation under subsection (d) shall be deemed to have waived any claim to all range developments on the subject grazing allotment or allotments, notwithstanding any other provision of law. (f) Relation to Other Authority.--Nothing in this section shall be construed to affect the authority of the Secretary concerned to otherwise modify or terminate grazing permits or leases without compensation. Nothing in this section shall be construed to create a property right in any grazing permit or lease on Federal lands. (g) Retirement of Certain Land.--The Secretary concerned shall not issue grazing permits or leases for grazing allotments for which no valid current grazing permit or lease exists as of the date of the enactment of this Act and shall retire such grazing allotments from livestock use as provided in subsection (c). (h) Effect of Nonuse or Reduced Use.--Notwithstanding any other provision of law, a permittee or lessee may opt not to graze a grazing allotment or to graze the grazing allotment at less than the minimum permitted level and still retain the grazing permit or lease for the remainder of its term. The Secretary concerned shall not take into consideration such non-use or reduced use of a grazing allotment when considering a request for the renewal of the grazing permit or lease. (i) Relation to Eminent Domain.--Nothing in this section shall be construed to authorize the use of eminent domain for the purpose of acquiring a grazing permit or lease. (j) Relation to Other Valid Existing Rights.--Nothing in this section shall affect the allocation, ownership, interest, or control, in existence as of the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, State or local government, or private individual, partnership, or corporation.

Arizona Voluntary Grazing Permit Buyout Act of 2003 - Authorizes a permittee or lessee to waive to the Secretary of Agriculture, Secretary of the Interior, Secretary of Energy, or Secretary of Defense, as appropriate, a valid existing grazing permit or lease authorizing livestock grazing on Federal land in Arizona. Directs the Secretary concerned to cancel and permanently retire from grazing such waived allotments. Sets forth compensation provisions.

To give livestock operators holding a grazing permit or lease on Federal lands in the State of Arizona the opportunity to relinquish their grazing permit or lease in exchange for compensation, and for other purposes.

SECTION 1. DEDUCTION ALLOWANCE FOR HOME HEALTH CARE AND ADULT DAY AND RESPITE CARE EXPENSES OF INDIVIDUALS FOR DEPENDENTS WITH ALZHEIMER'S DISEASE OR RELATED ORGANIC BRAIN DISORDERS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HOME HEALTH CARE AND ADULT DAY AND RESPITE CARE EXPENSES FOR DEPENDENTS WITH ALZHEIMER'S DISEASE OR RELATED ORGANIC BRAIN DISORDERS. ``(a) Deduction Allowed.--In the case of an individual who maintains a household which includes a qualified dependent of such individual, there shall be allowed as a deduction the qualified home health care and adult day respite care expenses of such individual with respect to such dependent. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified dependent.--The term `qualified dependent' means any individual (including the spouse of the taxpayer but not including the taxpayer) who-- ``(A) has as his principal place of abode the principal residence of the taxpayer, and is a member of the taxpayer's household, for more than 180 days of the calendar year during which the taxable year of the taxpayer begins, ``(B) is a dependent of the taxpayer (within the meaning given to such term by subsection (a) of section 152 other than paragraph (9) of such subsection) for such calendar year, and ``(C) at the close of such calendar year, suffers from Alzheimer's disease (or a related organic brain disorder) and is physically or mentally incapable of caring for himself, as determined by a physician. ``(2) Qualified home health care and adult day and respite care expenses.--The term `qualified home health care and adult day and respite care expenses' means the excess of-- ``(A) the reasonable and necessary expenses paid or incurred by the taxpayer for-- ``(i) household services for a qualified dependent, and ``(ii) the care (including respite care) of such dependent in the home or in an adult day care center, over ``(B) the reasonable and necessary expenses such taxpayer would have paid or incurred for household services for, and the care of, such qualified dependent if such dependent had been capable of caring for himself. ``(3) Physician.--The term `physician' has the meaning given to such term by section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). ``(c) Special Rules.--For purposes of this section-- ``(1) Maintaining a household.--An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if the individual is married, by the individual and his spouse). ``(2) Married couple must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return under section 6013 for the taxable year. ``(d) Certification of Diagnosis by Physician.--Any determination by a physician that-- ``(1) an individual suffers from Alzheimer's disease or a related organic brain disorder, and ``(2) such individual is mentally or physically incapable of caring for himself, shall be certified by the physician to the Secretary at such time and in such manner as the Secretary shall by regulation prescribe. ``(e) Coordination With Sections 21 and 213.--If any amount allowable as a deduction under this section would (but for this subsection) also be taken into account for purposes of determining the amount of any credit allowable under section 21 (relating to expenses for household and dependent care services necessary for gainful employment) or any deduction allowable under section 213 (relating to medical, dental, etc. expenses), this section shall apply only if the taxpayer elects its application. If this section is elected with respect to any amount, such amount shall not be taken into account under section 21 or 213. Such election shall be made at such time and in such manner as the Secretary shall by regulation prescribe.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Section 62(a) of such Code (defining adjusted gross income) is amended by inserting after paragraph (13) the following new paragraph: ``(14) Qualified home health care and adult day and respite care expenses.--The deduction allowed by section 220.'' (c) 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. 220. Home health care and adult day and respite care expenses for dependents with Alzheimer's disease or related organic brain disorders. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Amends the Internal Revenue Code to allow an individual an income tax deduction for qualified home health care and adult day and respite care expenses with respect to a dependent who: (1) resides with the taxpayer; (2) suffers from Alzheimer's disease or a related organic brain disorder; and (3) is physically or mentally incapable of self-care.

To amend the Internal Revenue Code of 1986 to allow a deduction from gross income for home care and adult day and respite care expenses of individual taxpayers with respect to a dependent of the taxpayer who suffer from Alzheimer's disease or related organic brain disorders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Design-Build Flexibility Act''. SEC. 2. DESIGN-BUILD CONTRACTING. (a) In General.--Section 112(b)(3) of title 23, United States Code, is amended to read as follows: ``(3) Design-build contracting.-- ``(A) In general.--A State transportation department or local transportation agency may use design-build contracts for development of projects under this chapter and may award such contracts using any procurement process permitted by applicable State and local law. ``(B) limitation on work to be performed under design-build contracts.--Construction of permanent improvements shall not commence under a design-build contract awarded under this paragraph before compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ``(C) Scope of work.--The scope of the contractor's work under a design-build contract awarded under this paragraph may include assistance in the environmental review process for the project, including preparation of environmental impact assessments and analyses, if such work is performed under the direction of, and subject to oversight by, the State transportation department or local transportation agency and the State transportation department or local transportation agency conducts a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement prior to its submission to the Secretary. ``(D) Project approval.--A design-build contract may be awarded under this paragraph prior to compliance with section 102 of the National Environmental Policy Act of 1969, only-- ``(i) upon request by the State transportation department or local transportation agency; ``(ii) with the concurrence of the Secretary in issuance of the procurement documents and any amendments thereto and in award of the contract and any amendments thereto; and ``(iii) if project approval will be provided after compliance with section 102 of the National Environmental Policy Act of 1969. ``(E) Effect of concurrence.--Concurrence by the Secretary under subparagraph (D) shall be considered a preliminary action that does not affect the environment. ``(F) Design-build contract defined.--In this section, the term ``design-build contract'' means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary.''. (b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations that amend the regulations issued under section 1307(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 112 note). The regulations-- (1) shall allow a State transportation department or local transportation agency to use any procurement process permitted by applicable State and local law in awarding design-build contracts, including allowing unsolicited proposals, negotiated procurements, and multiple requests for final proposals; except that the Secretary may require reasonable justification to be provided for any sole source procurement; and (2) may include ``best practices'' guidelines; (3) shall not preclude State transportation departments and local transportation agencies from allowing proposers to include alternative technical concepts in their ``base'' proposals; (4) shall not preclude State transportation departments and local transportation agencies from issuing a request for proposals document, proceeding with award of a design-build contract, or issuing a notice to proceed with preliminary design work under such a contract prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) if the design-build contractor is not authorized to proceed with construction of permanent improvements prior to such compliance; and (5) shall provide guidelines regarding procedures to be followed by the State transportation department or local transportation agency in their direction of and oversight over any environmental impact assessments or analyses for the project which are to be prepared by the contractor or its affiliates.

Design-Build Flexibility Act - Amends Federal highway law to direct the Secretary of Transportation to issue regulations authorizing a State transportation department or local transportation agency to award a design-build contract (for both design and construction) for a Federal-aid highway project using a procurement process permitted under applicable State and local law if certain environmental requirements are met.

To amend title 23, United States Code, relating to design-build contracting.

SECTION 1. SHORT TITLE. This Act may be cited as ``Erica's Law''. SEC. 2. WIRELESS COMMUNICATION DEVICE USE WHILE OPERATING A MOTOR VEHICLE IN A SCHOOL ZONE. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. Wireless communication device use while operating a motor vehicle in a school zone ``(a) Withholding Apportionments.--On October 1 of the second fiscal year beginning after the date of the issuance of regulations under subsection (d) and October 1 of each fiscal year thereafter, if the Secretary determines that a State does not meet the requirement under subsection (b), the Secretary shall withhold 15 percent of the amount required to be apportioned to the State under each of paragraphs (1), (3), and (4) of section 104(b) for the fiscal year. ``(b) Requirement.-- ``(1) In general.--A State meets the requirement under this subsection if the State has enacted and is enforcing a law that-- ``(A) prohibits an individual from operating a motor vehicle in a school zone in the State while the individual is using a wireless communication device to engage in a call or to compose, read, or send an electronic message; and ``(B) requires, upon conviction of a violation of the prohibition under subparagraph (A), the imposition of penalties in accordance with the requirements for minimum penalties described in the regulations issued under subsection (d). ``(2) Exceptions.--Paragraph (1)(A) does not apply if a wireless communication device is used-- ``(A) for obtaining emergency assistance to-- ``(i) report a traffic accident, medical emergency, or serious traffic hazard; or ``(ii) prevent a crime about to be committed; ``(B) in the reasonable belief that an individual's life or safety is in immediate danger; ``(C) in an authorized emergency vehicle while in the performance of official duties; ``(D) when a motor vehicle is stopped and the driver has the motor vehicle transmission in neutral or park; and ``(E) in other circumstances, as identified by the Secretary by regulation, in which use of a wireless communication device does not adversely affect safety. ``(c) Recovery of Funds Withheld.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the Secretary determines that the State meets the requirement under subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4- year period, a State does not meet the requirement under subsection (b) any amounts so withheld from the State shall lapse. ``(d) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary shall issue regulations to carry out this section, including requirements for minimum penalties for violations of the prohibition under subsection (b)(1)(A) that-- ``(1) specify a minimum penalty for a first offense; and ``(2) stipulate that penalties shall be graduated for repeated offenses. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Electronic message.-- ``(A) In general.--The term `electronic message' means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ``(B) Inclusions.--The term `electronic message' includes an email, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. The term does not include data transmitted automatically by a wireless communication device without direct initiation by an individual. ``(2) Motor vehicle.--The term `motor vehicle' has the same meaning given the term in section 154(a). ``(3) School zone.-- ``(A) In general.--The term `school zone' means-- ``(i) in or on the grounds of a public, parochial, or private school; or ``(ii) within a distance of 1,000 feet from the grounds of a public, parochial, or private school. ``(B) State definitions.--With respect to a State, the Secretary may substitute, for the definition under subparagraph (A), a definition of the term `school zone' established by the State if the Secretary determines that such substitution is appropriate. ``(4) Wireless communication device.-- ``(A) In general.--The term `wireless communication device' means a mobile telephone or other portable electronic device with which a user may engage in a call or compose, send, or read an electronic message. ``(B) Exclusion.--The term does not include a device that is permanently affixed to the motor vehicle, including a global positioning system or navigation system.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. Wireless communication device use while operating a motor vehicle in a school zone.''.

Erica's Law - Requires the Secretary of Transportation to withhold 15% of a state's apportionment of certain federal-aid highway program funds if the state has not enacted or is not enforcing a law that: (1) prohibits, with specified exceptions, an individual from using a wireless communication device to call or compose, read, or send an electronic message while operating a motor vehicle in a school zone; and (2) requires, upon conviction of a violation of the prohibition, the imposition of certain minimum penalties.

Erica's Law

Section 1. This Act may be cited as the ``Panama Canal Amendments Act of 1994''. Sec. 2. Section 1101 of the Panama Canal Act of 1979 (22 U.S.C. 3611) is amended to read as follows: ``establishment, purposes, offices, and residence of the commission ``Sec. 1101. (a) For the purposes of managing, operating, and maintaining the Panama Canal and its complementary works, installations and equipment, and of conducting operations incident thereto, in accordance with the Panama Canal Treaty of 1977 and related agreements, the Panama Canal Commission (hereinafter in this Act referred to as the `Commission') is established as a wholly owned government corporation (as that term is used in chapter 91 of title 31, United States Code) within the executive branch of the Government of the United States. The authority of the President with respect to the Commission shall be exercised through the Secretary of Defense. ``(b) The principal office of the Commission shall be located in the Republic of Panama in one of the areas made available for use of the United States under the Panama Canal Treaty of 1977 and related agreements, but the Commission may establish branch offices in such other places as it deems necessary or appropriate for the conduct of its business. Within the meaning of the laws of the United States relating to venue in civil actions, the Commission is an inhabitant and resident of the District of Columbia and the eastern judicial district of Louisiana.''. Sec. 3. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by striking so much as precedes subsection (b) and inserting the following: ``supervisory board ``Sec. 1102.(a) The Commission shall be supervised by a Board composed of nine members, one of whom shall be the Secretary of Defense or an officer of the Department of Defense designated by the Secretary. Not less than five members of the Board shall be nationals of the United States and the remaining members of the Board shall be nationals of the Republic of Panama. Three members of the Board who are nationals of the United States shall hold no other office in or be employed by the Government of the United States, and shall be chosen for the independent perspective they can bring to the Commission's affairs. Members of the Board who are the nationals of the United States shall cast their votes as directed by the Secretary of Defense or the designee of the Secretary.''. Sec. 4. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by adding at the end the following: ``(d)(1) In order to enhance the prestige of the Commission in the world shipping community and allow for the exchange of varied perspectives between the Board and distinguished international guests in the important deliberations of the Commission, the United States and the Republic of Panama may each invite to attend meetings of the Board, as a designated international advisor to the Board, one individual chosen for the independent perspective that individual can bring to the Commission's affairs, and who-- ``(A) is not a national of either the United States or Panama; ``(B) does not represent any user or customer of the Panama Canal, or any particular interest group or nation; and ``(C) does not have any financial interest which could constitute actual or apparent conflict with regard to his relationship with the Board or the Commission. ``(2) Such designated international advisors may be compensated by the Commission in the same manner and under the same circumstances as apply under subsection (b) with regard to members of the Board. Designated international advisors shall have no vote on matters pending before the Board.''. Sec. 5. The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is amended by adding after section 1102 the following: ``general powers of the commission ``Sec. 1102a. (a) The Commission-- ``(1) may adopt, alter, and use a corporate seal, which shall be judicially noticed; ``(2) may by action of the Board of Directors adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law; ``(3) may sue and be sued in its corporate name, except that-- ``(A) its amenability to suit is limited by Article VIII of the Panama Canal Treaty of 1977, section 1401 of this Act, and otherwise by law; ``(B) an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Commission to its employees except to the extent specifically authorized by the laws of the United States; and ``(C) it is exempt from the payment of interest on claims and judgments; ``(4) may enter into contracts, leases, agreements, or other transactions; ``(5) may determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, and incur, allow, and pay them, subject to pertinent provisions of law generally applicable to Government corporations; and ``(6) may purchase, lease, or otherwise acquire, and hold, own, maintain, work, develop, and, subject to section 1504, sell, lease, exchange, convey, mortgage, or otherwise dispose of, and deal in, lands, leaseholds, and any interest, estate, or rights in real, personal, or mixed property, and any franchises, concessions, rights, licenses, or privileges necessary or appropriate for any of the purposes expressed in this Act. ``(b) The Commission shall have the priority of the United States in the payment of debts out of bankrupt estates. ``specific powers of commission ``Sec. 1102b. (a) Subject to the Panama Canal Treaty of 1977 and related agreements, and to chapter 91 of title 31, United States Code, popularly known as the Government Corporation Control Act, the Commission may-- ``(1) manage, operate, and maintain the Panama Canal; ``(2) construct or acquire, establish, maintain, and operate docks, wharves, piers, harbor terminal facilities, shops, yards, marine railways, salvage and towing facilities, fuel-handling facilities, motor-transportation facilities, power systems, water systems, a telephone system, construction facilities, living quarters and other buildings, guest houses, warehouses, storehouses, a printing plant, and manufacturing, processing or service facilities in connection therewith, recreational facilities, and other business activities, facilities, and appurtenances necessary and appropriate for the accomplishment of the purposes of this Act; ``(3) makes sales, and furnish services, equipment, supplies and materials, as contemplated by this Act, to-- ``(A) vessels; ``(B) agencies of the Government of the United States; ``(C) employees of the Government of the United States; and ``(D) any other governments, agencies, persons, corporations, or associations eligible to make such purchases, or receive such services, equipment, supplies, or materials under the laws prevailing at the time and the policies heretofore or hereafter adopted consistently with those laws; ``(4) use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government; and ``(5) take such actions as are necessary or appropriate to carry out the powers specifically conferred upon it.''. Sec. 6. Section 1302 of the Panama Canal Act of 1979 (22 U.S.C. 3712) is amended-- (1) in subsection (c)(1) by striking ``and subject to paragraph (2)''; (2) by striking paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) by amending subsection (e) to read as follows: ``(e) In accordance with section 9104 of title 31, United States Code, the Congress shall review the annual budget of the Commission.''. Sec. 7. Section 1313 of the Panama Canal Act of 1979 (22 U.S.C. 3723) is amended-- (1) by striking the heading for the section and inserting the following: ``audits''; (2) in subsection (a) by striking ``Financial transactions'' and inserting ``Subject to subsection (d), financial transactions''; and (3) in subsection (b) in the first sentence by striking ``The Comptroller General'' and inserting ``Subject to subsection (d), the Comptroller General''; and (4) by adding at the end the following: ``(d) At the discretion of the Board provided for in section 1102, the Commission may hire independent auditors to perform, in lieu of the Comptroller General, the audit and reporting functions prescribed in subsections (a) and (b). ``(e) The audited financial statements of the Commission shall include assurances that the Commission will be in a position to meet its financial liabilities on December 31, 1999.''. Sec. 8. Section 1601 of the Panama Canal Act of 1979 (22 U.S.C. 3791) is amended to read as follows: ``prescription of measurement rules and rates of tolls ``Sec. 1601. The Commission may, subject to the provisions of this Act, prescribe and from time to time change-- ``(1) the rules for the measurement of vessels for the Panama Canal; and ``(2) the tolls that shall be levied for use of the Panama Canal.''. Sec. 9. Section 1604 of the Panama Canal Act of 1979 (22 U.S.C. 3794) is amended-- (1) in subsection (a) in the first sentence by striking ``1601(a)'' and inserting ``1601''; (2) by amending subsection (c) to read as follows: ``(c) After the proceedings have been conducted pursuant to subsection (a) and (b) of this section, the Commission may change the rules of measurement or rates of tolls, as the case may be. The Commission shall, however, publish notice of such change in the Federal Register not less than 30 days before the effective date of the change.''; and (3) by striking subsections (d) and (e) and redesignating subsection (f) as subsection (d). Sec. 10. The Panama Canal Act of 1979 is amended-- (1) in section 1205 (22 U.S.C. 3645) in the last sentence by striking ``appropriation'' and inserting ``fund''. (2) in section 1303 (22 U.S.C. 3713) by striking ``The authority of this section may not be used for administrative expenses.''; (3) in section 1321(d) (22 U.S.C. 3721(d)) in the second sentence by striking ``appropriations or''; (4) in section 1401(c) (22 U.S.C. 3761(c)) by striking ``appropriated for or''; (5) in section 1415 (22 U.S.C. 3775) in the second sentence by striking ``appropriated or''; and (6) in section 1416 (22 U.S.C. 3776) in the third sentence by striking ``appropriated or''. Sec. 11. Section 9101(3) of title 31, United States Code, is amended by adding at the end the following: ``(O) the Panama Canal Commission.''.

Panama Canal Amendments Act of 1994 - Amends the Panama Canal Act of 1979 to reestablish the Panama Canal Commission as a wholly owned government corporation within the executive branch.

Panama Canal Amendments Act of 1994

SECTION 1. DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME. (a) In General.--Paragraph (1) of section 199(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--There shall be allowed as a deduction an amount equal to the sum of-- ``(A) 9 percent of the lesser of-- ``(i) the qualified production activities income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year, and ``(B) in the case of a qualified small business for a taxable year beginning in 2010 or 2011, 20 percent of the lesser of-- ``(i) the qualified small business income of the taxpayer for the taxable year, or ``(ii) taxable income (determined without regard to this section) for the taxable year.''. (b) Qualified Small Business; Qualified Small Business Income.-- Section 199 of such Code is amended by adding at the end the following new subsection: ``(e) Qualified Small Business; Qualified Small Business Income.-- ``(1) Qualified small business.-- ``(A) In general.--For purposes of this section, the term `qualified small business' means any taxpayer for any taxable year if the annual average number of employees employed by such taxpayer during such taxable year was 500 or fewer. ``(B) Aggregation rule.--For purposes of subparagraph (A), any person treated as a single employer under subsection (a) or (b) of section 52 (applied without regard to section 1563(b)) or subsection (m) or (o) of section 414 shall be treated as 1 taxpayer for purposes of this subsection. ``(C) Special rule.--If a taxpayer is treated as a qualified small business for any taxable year, the taxpayer shall not fail to be treated as a qualified small business for any subsequent taxable year solely because the number of employees employed by such taxpayer during such subsequent taxable year exceeds 500. The preceding sentence shall cease to apply to such taxpayer in the first taxable year in which there is an ownership change (as defined by section 382(g) in respect of a corporation, or by applying principles analogous to such ownership change in the case of a taxpayer that is a partnership) with respect to the stock (or partnership interests) of the taxpayer. ``(2) Qualified small business income.-- ``(A) In general.--For purposes of this section, the term `qualified small business income' means the excess of-- ``(i) the income of the qualified small business which-- ``(I) is attributable to the actual conduct of a trade or business, ``(II) is income from sources within the United States (within the meaning of section 861), and ``(III) is not passive income (as defined in section 904(d)(2)(B)), over ``(ii) the sum of-- ``(I) the cost of goods sold that are allocable to such income, and ``(II) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such income. ``(B) Exceptions.--The following shall not be treated as income of a qualified small business for purposes of subparagraph (A): ``(i) Any income which is attributable to any property described in section 1400N(p)(3). ``(ii) Any income which is attributable to the ownership or management of any professional sports team. ``(iii) Any income which is attributable to a trade or business described in subparagraph (B) of section 1202(e)(3). ``(iv) Any income which is attributable to any property with respect to which records are required to be maintained under section 2257 of title 18, United States Code. ``(C) Allocation rules, etc.--Rules similar to the rules of paragraphs (2), (3), (4)(D), and (7) of subsection (c) shall apply for purposes of this paragraph. ``(3) Special rules.--Except as otherwise provided by the Secretary, rules similar to the rules of subsection (d) shall apply for purposes of this subsection.''. (c) Conforming Amendments.-- (1) Section 199(a)(2) of such Code is amended by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. (2) The following provisions of section 199 of such Code are each amended by striking ``(a)(1)(B)'' and inserting ``(a)(1)(A)(ii)'': (A) Subsection (d)(2). (B) Subsection (d)(6)(B). (C) Subsection (d)(7). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Amends the Internal Revenue Code to allow a small business that employs 500 or fewer employees a tax deduction in 2010 and 2011 for 20% of the lesser of its qualified small business income or its taxable income. Defines "qualified small business income" to include income which is from sources within the United States and which is not passive income.

To amend the Internal Revenue Code of 1986 to allow a deduction for certain small business income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Market Minimization Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife; (2) as many as 10 percent of women in the United States of childbearing age have mercury in the blood at a level that could put a baby at risk; (3) as many as 630,000 children born annually in the United States are at risk of neurological problems related to mercury; (4) the most significant source of mercury exposure to people in the United States is ingestion of mercury- contaminated fish; (5) the Environmental Protection Agency reports that, as of 2004-- (A) 44 States have fish advisories covering over 13,000,000 lake acres and over 750,000 river miles; (B) in 21 States the freshwater advisories are statewide; and (C) in 12 States the coastal advisories are statewide; (6) the long-term solution to mercury pollution is to minimize global mercury use and releases to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption since uncontaminated fish represents a critical and healthy source of nutrition worldwide; (7) mercury pollution is a transboundary pollutant, depositing locally, regionally, and globally, and affecting water bodies near industrial sources (including the Great Lakes) and remote areas (including the Arctic Circle); (8) the free trade of mercury and mercury compounds on the world market, at relatively low prices and in ready supply, encourages the continued use of mercury outside of the United States, often involving highly dispersive activities such as artisinal gold mining; (9) the intentional use of mercury is declining in the United States as a consequence of process changes to manufactured products (including batteries, paints, switches, and measuring devices), but those uses remain substantial in the developing world where releases from the products are extremely likely due to the limited pollution control and waste management infrastructures in those countries; (10) the member countries of the European Union collectively are the largest source of mercury exports globally; (11) the European Union is in the process of enacting legislation that will prohibit mercury exports by not later than 2011; (12) the United States is a net exporter of mercury and, according to the United States Geologic Survey, exported 506 metric tons of mercury more than the United States imported during the period of 2000 through 2004; and (13) banning exports of mercury from the United States will have a notable affect on the market availability of mercury and switching to affordable mercury alternatives in the developing world. SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF MERCURY BY DEPARTMENT OF DEFENSE OR DEPARTMENT OF ENERGY. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following: ``(f) Mercury.-- ``(1) Prohibition on sale, distribution, and transfer by department of defense.--Effective as of the date of enactment of this subsection, the Secretary of Defense may not convey, sell, distribute, or otherwise transfer to any other department or agency of the Federal Government, any State or local government, or any private person or entity any elemental mercury under the control or jurisdiction of the Department of Defense. ``(2) Prohibition on sale, distribution, and transfer by department of energy.--Effective as of the date of enactment of this subsection, the Secretary of Energy may not convey, sell, distribute, or otherwise transfer to any other department or agency of the Federal Government, any State or local government, or any private person or entity any elemental mercury under the control or jurisdiction of the Department of Energy. ``(3) Exception.--The prohibitions in paragraphs (1) and (2) shall not apply to the transfer of elemental mercury to any storage or other facility established under section 12(c)(3).''. SEC. 4. PROHIBITION ON EXPORT OF MERCURY. Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended-- (1) in subsection (a) by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (2) by adding at the end the following: ``(c) Prohibition on Export of Mercury.-- ``(1) Elemental mercury.--Effective January 1, 2010, the export of elemental mercury from the United States is prohibited. ``(2) Extension of prohibition to mercury compounds.-- ``(A) In general.--Beginning on January 1, 2010, the President may prohibit the export of any mercury compound from the United States as necessary-- ``(i) to avoid subversion of the mercury ban; and ``(ii) to achieve the full force and effect of the prohibition under paragraph (1). ``(B) Notice to congress.-- ``(i) In general.--If the President exercises the authority in subparagraph (A), the President shall notify Congress. ``(ii) Requirements.--A notification under clause (i) shall describe-- ``(I) each mercury compound the export of which from the United States will be prohibited; and ``(II) a justification of the prohibition of export of each compound. ``(3) Storage of excess mercury.-- ``(A) Establishment of storage capacity.--In order to implement the prohibition on the export of elemental mercury under paragraph (1) and the prohibition, if any, on the export of mercury compounds under paragraph (2), the President shall establish the capacity (including 1 or more storage facilities) to store safely such elemental mercury and mercury compounds covered by the prohibitions as are in excess of quantities necessary for domestic consumption. ``(B) Regulations.--The establishment and operation of facilities to provide the capacity required by subparagraph (A) shall be governed by such regulations as the President may prescribe for purposes of this paragraph. ``(4) Inapplicability of unreasonable risk requirement.-- Subsection (a) shall not apply to this subsection.''.

Mercury Market Minimization Act of 2006 - Amends the Toxic Substances Control Act to prohibit the Secretary of Defense and the Secretary of Energy from conveying, selling, distributing, or otherwise transferring elemental mercury. Exempts the transfer of elemental mercury to any storage or other facility established pursuant to this Act. Prohibits the export of elemental mercury from the United States, effective on January 1, 2010, and authorizes the President to prohibit the export of any mercury compound as necessary to achieve the full force and effect of such elemental mercury export ban. Requires the President to establish the capacity (including storage facilities) to safely store covered mercury and mercury compounds in excess of quantities necessary for domestic consumption.

A bill to prohibit the Department of Defense and the Department of Energy from selling, distributing, or transferring elemental mercury, to prohibit the export of elemental mercury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Voting Systems Standards Act of 2001''. SEC. 2. ELECTION VOTING SYSTEMS STANDARDS COMMISSION. (a) Establishment.--The Director of the National Institute of Standards and Technology, in consultation with the chairman of the Federal Election Commission, shall establish the Election Voting Systems Standards Commission (in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of the following members: (1) The Director of the National Institute of Standards and Technology, who shall serve as the chair of the Commission. (2) The chairman of the Federal Election Commission, who shall serve as the vice-chair of the Commission. (3) Two representatives of the National Association of State Election Directors, selected by that association. (4) Two representatives of the National Governors Association, selected by that association. (5) One representative of the American National Standards Institute, selected by that institute. (6) Not more than 5 additional members that the Director of the National Institute of Standards and Technology, in consultation with the chairman of the Federal Election Commission, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate, considers appropriate. (c) Responsibilities.-- (1) Standards and criteria.--The Commission shall establish-- (A) a set of technical performance-based standards relating to the accuracy, integrity, and security of voting products and systems used in Federal elections; and (B) criteria for the selection of an organization to operate the National Election Systems Standards Laboratory under section 3. Not later than 9 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report containing the standards and criteria established under this paragraph. (2) Testing and certification.--The Commission shall-- (A) develop uniform testing and evaluation procedures suitable for determining the conformance of voting products and systems to the standards established under paragraph (1)(A); (B) establish procedures for the certification, by the Laboratory established under section 3, of non- Federal laboratories to perform the testing and evaluation procedures developed under subparagraph (A) of this paragraph; and (C) make recommendations for methods of promoting the use of the testing and evaluation procedures developed under subparagraph (A) of this paragraph. Not later than 1 year after the date of the enactment of this Act, the Commission shall transmit to the Congress a report containing the procedures developed or established under subparagraphs (A) and (B) of this paragraph, and the recommendations described in subparagraph (C). SEC. 3. NATIONAL ELECTION SYSTEMS STANDARDS LABORATORY. (a) Establishment.--The Director of the National Institute of Standards and Technology shall select an organization to operate the National Election Systems Standards Laboratory (in this section referred to as the ``Laboratory''). (b) Selection.--Selection of the Laboratory under subsection (a) shall be carried out-- (1) in accordance with criteria established under section 2(c)(1)(B); and (2) through a merit-based competition open to any nonprofit, nonpartisan research entity or consortium. (c) Functions.--The Laboratory shall-- (1) investigate and analyze issues with respect to voting products and systems and their conformance to the standards established under section 2(c)(1)(A), including-- (A) human factors in the design and application of voting systems; and (B) the design of remote-access voting systems; (2) certify non-Federal laboratories to perform the testing and evaluation procedures developed under section 2(c)(2)(A); and (3) maintain and make available to the public a list of voting products and systems that have been tested and evaluated by non-Federal laboratories certified under paragraph (2) and that are found to be in conformance with the standards established under section 2(c)(1)(A).

Election Voting Systems Standards Act of 2001 - Directs the Director of the National Institute of Standards and Technology to establish the Election Voting Systems Standards Commission to: (1) establish a set of technical performance-based standards relating to the accuracy, integrity, and security of voting products and systems used in Federal elections, and criteria for the selection of an organization to establish and operate the National Election Systems Standards Laboratory; (2) develop uniform testing and evaluation procedures suitable for determining the conformance of voting products and systems to such standards; (3) establish procedures for Laboratory certification of non-Federal laboratories to perform such testing and evaluation procedures; and (4) make recommendations for methods of promoting their use.Requires the Director to select an organization to operate the Laboratory.Requires the Laboratory to: (1) investigate and analyze issues with respect to voting products and systems and their conformance to the standards established under this Act; (2) certify non-Federal laboratories to perform the testing and evaluation procedures developed under this Act; and (3) maintain and make available to the public a list of voting products and systems that have been tested and evaluated by non-Federal laboratories certified and found to be in conformance with such standards.

To provide for the establishment of an Election Voting Systems Standards Commission, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. (a) Short Title.--This Act may be cited as the ``Arabia Mountain National Heritage Area Act''. (b) Findings.--Congress finds the following: (1) The Arabia Mountain area contains a variety of natural, cultural, historical, scenic, and recreational resources that together represent distinctive aspects of the heritage of the United States that are worthy of recognition, conservation, interpretation, and continuing use. (2) The best methods for managing the resources of the Arabia Mountain area would be through partnerships between public and private entities that combine diverse resources and active communities. (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre park in DeKalb County, Georgia-- (A) protects granite outcrop ecosystems, wetland, and pine and oak forests; and (B) includes federally-protected plant species. (4) Panola Mountain, a national natural landmark, located in the 860-acre Panola Mountain State Conservation Park, is a rare example of a pristine granite outcrop. (5) The archaeological site at Miners Creek Preserve along the South River contains documented evidence of early human activity. (6) The city of Lithonia, Georgia, and related sites of Arabia Mountain and Stone Mountain possess sites that display the history of granite mining as an industry and culture in Georgia, and the impact of that industry on the United States. (7) The community of Klondike is eligible for designation as a National Historic District. (8) The city of Lithonia has 2 structures listed on the National Register of Historic Places. (c) Purposes.--The purposes of this Act are as follows: (1) To recognize, preserve, promote, interpret, and make available for the benefit of the public the natural, cultural, historical, scenic, and recreational resources in the area that includes Arabia Mountain, Panola Mountain, Miners Creek, and other significant sites and communities. (2) To assist the State of Georgia and the counties of DeKalb, Rockdale, and Henry in the State in developing and implementing an integrated cultural, historical, and land resource management program to protect, enhance, and interpret the significant resources within the heritage area. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Heritage area.--The term ``heritage area'' means the Arabia Mountain National Heritage Area established by section 3. (2) Management entity.--The term ``management entity'' means the DeKalb County Parks and Recreation Department or a successor of the DeKalb County Parks and Recreation Department. (3) Management plan.--The term ``management plan'' means the management plan for the heritage area developed under section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Georgia. SEC. 3. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Arabia Mountain National Heritage Area in the State. (b) Boundaries.--The heritage area shall consist of certain parcels of land in the counties of DeKalb, Rockdale, and Henry in the State, as generally depicted on the map entitled ``Arabia Mountain National Heritage Area'', numbered AMNHA/80,000, and dated October, 2003. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The Arabia Mountain Heritage Area Alliance shall be the management entity for the heritage area. SEC. 4. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan, the management entity may-- (1) make grants to, and enter into cooperative agreements with, the State, political subdivisions of the State, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.-- (1) Management plan.-- (A) In general.--The management entity shall develop and submit to the Secretary the management plan. (B) Considerations.--In developing and implementing the management plan, the management entity shall consider the interests of diverse governmental, business, and nonprofit groups within the heritage area. (2) Priorities.--The management entity shall give priority to implementing actions described in the management plan, including the following: (A) Assisting units of government and nonprofit organizations in preserving resources within the heritage area. (B) Encouraging local governments to adopt land use policies consistent with the management of the heritage area and the goals of the management plan. (3) Public meetings.--The management entity shall conduct public meetings at least quarterly on the implementation of the management plan. (4) Annual report.--For any year in which Federal funds have been made available under this Act, the management entity shall submit to the Secretary an annual report that describes the following: (A) The accomplishments of the management entity. (B) The expenses and income of the management entity. (5) Audit.--The management entity shall-- (A) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (B) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds. (c) Use of Federal Funds.-- (1) In general.--The management entity shall not use Federal funds made available under this Act to acquire real property or an interest in real property. (2) Other sources.--Nothing in this Act precludes the management entity from using Federal funds made available under other Federal laws for any purpose for which the funds are authorized to be used. SEC. 5. MANAGEMENT PLAN. (a) In General.--The management entity shall develop a management plan for the heritage area that incorporates an integrated and cooperative approach to protect, interpret, and enhance the natural, cultural, historical, scenic, and recreational resources of the heritage area. (b) Basis.--The management plan shall be based on the preferred concept in the document entitled ``Arabia Mountain National Heritage Area Feasibility Study'', dated February 28, 2001. (c) Consideration of Other Plans and Actions.--The management plan shall-- (1) take into consideration State and local plans; and (2) involve residents, public agencies, and private organizations in the heritage area. (d) Requirements.--The management plan shall include the following: (1) An inventory of the resources in the heritage area, including-- (A) a list of property in the heritage area that-- (i) relates to the purposes of the heritage area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the heritage area. (2) Provisions for the protection, interpretation, and enjoyment of the resources of the heritage area consistent with the purposes of this Act. (3) An interpretation plan for the heritage area. (4) A program for implementation of the management plan that includes-- (A) actions to be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the heritage area; and (B) the identification of existing and potential sources of funding for implementing the plan. (5) A description and evaluation of the management entity, including the membership and organizational structure of the management entity. (e) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until such date as a management plan for the heritage area is submitted to the Secretary. (f) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (e), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) Revision.--If the Secretary disapproves a management plan submitted under paragraph (1), the Secretary shall-- (i) advise the management entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the management entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (g) Revision of Management Plan.-- (1) In general.--After approval by the Secretary of a management plan, the management entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any revisions to the management plan that the management entity considers to be appropriate. (2) Expenditure of funds.--No funds made available under this Act shall be used to implement any revision proposed by the management entity under paragraph (1)(B) until the Secretary approves the revision. SEC. 6. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--At the request of the management entity, the Secretary may provide technical and financial assistance to the heritage area to develop and implement the management plan. (b) Priority.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the conservation of the significant natural, cultural, historical, scenic, and recreational resources that support the purposes of the heritage area; and (2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources and associated values of the heritage area. SEC. 7. EFFECT ON CERTAIN AUTHORITY. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this Act-- (1) imposes an occupational, safety, conservation, or environmental regulation on the heritage area that is more stringent than the regulations that would be applicable to the land described in section 3(b) but for the establishment of the heritage area by section 3; or (2) authorizes a Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for the heritage area that is more stringent than the regulations applicable to the land described in section 3(b) as of the date of enactment of this Act, solely as a result of the establishment of the heritage area by section 3. (b) Land Use Regulation.--Nothing in this Act-- (1) modifies, enlarges, or diminishes any authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of enactment of this Act; or (2) grants powers of zoning or land use to the management entity. SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 9. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority to Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, to remain available until expended, of which not more than $1,000,000 may be used in any fiscal year. (b) Federal Share.--The Federal share of the cost of any project or activity carried out using funds made available under this Act shall not exceed 50 percent. SEC. 11. TERMINATION OF AUTHORITY. The authority of the Secretary to make any grant or provide any assistance under this Act shall terminate on September 30, 2016.

Arabia Mountain National Heritage Area Act - Establishes the Arabia Mountain National Heritage Area in Georgia and provides for a management plan. Prohibits using Federal funds made available under this Act to acquire real property or an interest in real property. Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires the plan to be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001). Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan.

To establish the Arabia Mountain National Heritage Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Fiscal Accountability Act of 2011''. SEC. 2. CONVERTING PPACA DIRECT FUNDING TO AUTHORIZATIONS OF APPROPRIATIONS AND RESCINDING UNOBLIGATED PPACA DIRECT FUNDING. (a) In General.--Notwithstanding any other provision of law, for each provision described in column 1 in the table specified in subsection (b), the following rules shall apply: (1) Direct appropriations.-- (A) Conversion to authorizations of appropriations.--For each such provision that provides for a direct appropriation of funds for fiscal year 2012 or a subsequent fiscal year and for which special rule #1 or special rule #2 does not apply under column 3 of such table, such appropriation is deemed only to be an authorization of appropriations and amounts are available under such provision only pursuant to appropriations made after the date of the enactment of this Act. (B) Rescission of unobligated appropriations.--Of the funds available pursuant to a direct appropriation under such provision for which special rule #1 or special rule #2 does not apply under column 3 of such table, the unobligated balance is rescinded. (2) Fund transfers.-- (A) Conversion to authorization of transfer subject to appropriations.--For each such provision that provides for a transfer of funds for fiscal year 2012 or a subsequent fiscal year, such transfer is deemed only to be an authorization of such transfer in such amounts as are provided in advance in appropriations acts enacted after the date of the enactment of this Act. (B) Restoration of transferred funds.--Amounts transferred under such provision which have not been obligated as of the date of the enactment of this Act shall be restored to the Trust Fund or other fund from which they were transferred. (3) Special rules.-- (A) Special rule #1 for certain extensions of appropriations beginning after fiscal year 2011.--For each such provision for which column 3 of such table specifies that special rule #1 applies, the amendment (or amendments) made by the section in column 2 is repealed and such provision is restored as if PPACA had not been enacted. (B) Special rule #2 for certain extensions of appropriations beginning before fiscal year 2012.--For each such provision for which column 3 of such table specifies that special rule #2 applies-- (i) the amendment (or amendments) made by the section in column 2 is repealed and such provision is restored as if PPACA had not been enacted, except that such repeal shall not apply to fiscal year 2010 or fiscal year 2011; and (ii) of the funds available pursuant to the operation of such amendment (or amendments) for fiscal year 2010 or fiscal year 2011, the unobligated balance is rescinded. (b) Table.--The table specified in this subsection is as follows (with provisions listed in the order in which they, or the section amending such provision, appear in PPACA, followed by provisions in HCERA): ---------------------------------------------------------------------------------------------------------------- Column 1: Provision containing Column 2: Amendatory section (if Column 3: Special rule (if any) that direct appropriation or transfer any) in PPACA or other law applies ---------------------------------------------------------------------------------------------------------------- Section 2793(e)(1) of PHSA as added by 1002 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 2974(c)(2)(A) of PHSA as added by 1003 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 1101(g)(1) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1102(e) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1311(a)(1) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1322(g) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1323(c)(1) of PPACA as inserted by 1204(a) of HCERA .................................... ---------------------------------------------------------------------------------------------------------------- Section 6071(h) of the Deficit as amended by section 2403(a)(1) of .................................... Reduction Act of 2005 (Public Law PPACA 109-171) ---------------------------------------------------------------------------------------------------------------- Section 2405 of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1139B(e) of SSA as inserted by 2701 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 2707(e)(1)(A) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1900(f)(3) of SSA as added by section 2801(a)(5)(C) of .................................... PPACA ---------------------------------------------------------------------------------------------------------------- Section 511(j)(1) of SSA as added by section 2951 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 513(f) of SSA as added by section 2953 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 510(d) of SSA as amended by section 2954 of PPACA special rule #2 ---------------------------------------------------------------------------------------------------------------- Section 3014(c) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1115A(f) of SSA as inserted by section 3021(a) of .................................... PPACA ---------------------------------------------------------------------------------------------------------------- Section 1866E(h) of SSA as inserted by section 3024 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 3026(f) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 5007(f)(1) of the Deficit as amended by section 3027(b)(1) of .................................... Reduction Act of 2005 (Public Law PPACA 109-171) ---------------------------------------------------------------------------------------------------------------- Section 3113(e) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 119(a)(1)(B) of the Medicare as amended by section 3306(a) of .................................... Improvements for Patients and PPACA Providers Act of 2008 (Public Law 110-275) ---------------------------------------------------------------------------------------------------------------- Section 119(b)(1)(B) of the Medicare as amended by section 3306(b) of .................................... Improvements for Patients and PPACA Providers Act of 2008 (Public Law 110-275) ---------------------------------------------------------------------------------------------------------------- Section 119(c)(1)(B) of the Medicare as amended by section 3306(c) of .................................... Improvements for Patients and PPACA Providers Act of 2008 (Public Law 110-275) ---------------------------------------------------------------------------------------------------------------- Section 119(d)(2) of the Medicare as amended by section 3306(d) of .................................... Improvements for Patients and PPACA Providers Act of 2008 (Public Law 110-275) ---------------------------------------------------------------------------------------------------------------- Section 1899A(m) of SSA as added by section 3403 and amended .................................... by section 10320(a) of PPACA ---------------------------------------------------------------------------------------------------------------- Section 4002(b) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 4101(a)(5) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 4108(f) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 4202(b)(4) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 4204(e)(3) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1139A(e)(8) of SSA as amended by section 4306 of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 2008(c)(1) of SSA as added by section 5507(a) of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 501(c)(1)(A) of SSA as amended by section 5507(b) of special rule #2 PPACA ---------------------------------------------------------------------------------------------------------------- Section 340H(g) of the PHSA as added by section 5508(c) of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 5509(d)(1) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 6201(b)(2) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1183(a) of SSA as added by section 6301(d) of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 9511(b)(1) of the Internal as added by section 6301(e)(1)(A) of .................................... Revenue Code of 1986 PPACA ---------------------------------------------------------------------------------------------------------------- Section 1817(k)(7) of SSA as added by section 6402(i) of PPACA .................................... ---------------------------------------------------------------------------------------------------------------- Section 6021(d)(3) of the Deficit as amended by section 8002(d)(2) special rule #2 Reduction Act of 2005 (Public Law PPACA 107-171) ---------------------------------------------------------------------------------------------------------------- Section 9023(e)(10) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section of 2104(a) of SSA as amended by section 10203(d)(1) of special rule #1 PPACA ---------------------------------------------------------------------------------------------------------------- Section 2104(n)(2)(A) of SSA as amended by section 10203(d)(2)(B) special rule #1 of PPACA ---------------------------------------------------------------------------------------------------------------- Section 2113(g) of SSA as amended by section special rule #1 10203(d)(2)(E)(ii) of PPACA ---------------------------------------------------------------------------------------------------------------- Section 10214 of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1881A (b)(7) of SSA as inserted by section 10323(a) of .................................... PPACA ---------------------------------------------------------------------------------------------------------------- Section 2009(e)(1) of SSA as added by section 10323(b) of .................................... PPACA ---------------------------------------------------------------------------------------------------------------- Section 10502(a) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 10503(b) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 10503(c) of PPACA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1005(b) of HCERA .................................... .................................... ---------------------------------------------------------------------------------------------------------------- Section 1817(k)(8) of SSA as added by section 1303(a) of HCERA .................................... ---------------------------------------------------------------------------------------------------------------- (c) Definitions.--In this section: (1) The term ``PPACA'' means the Patient Protection and Affordable Care Act (Public Law 111-148). (2) The term ``HCERA'' means the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). (3) The term ``SSA'' means the Social Security Act. (4) The term ``PHSA'' means the Public Health Service Act.

Healthcare Fiscal Accountability Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to convert specified funding under such Act from a direct appropriation to an authorization of appropriations or from a transfer to an authorization of such transfer, including funding for: (1) the establishment of a temporary high-risk pool for uninsured individuals with preexisting conditions, (2) the establishment of a temporary reinsurance program for early retirees, (3) health insurance exchanges, and (4) the Prevention and Public Health Fund. Rescinds or restores the unobligated balances of funds available pursuant to such direct appropriations or transfers, respectively. Repeals provisions of PPACA, as if such provisions had not been enacted, that appropriate funds to the Children's Health Insurance Program (CHIP, formerly known as SCHIP) for allotments to states, the Child Enrollment Contingency Fund, and outreach and enrollment grants. Repeals provisions of PPACA appropriating funds, except with respect to FY2010 or FY2011, for: (1) allotments to states for abstinence education, (2) special projects of regional and national significance for the development and support of family-to-family health information centers for families of children with disabilities or special health care needs, and (3) the National Clearinghouse for Long-Term Care Information. Rescinds the unobligated portion of funds available pursuant to such provisions for FY2010-FY2011.

To provide for fiscal accountability for new direct funding under the Patient Protection and Affordable Care Act by converting its direct funding into authorizations of appropriations and by rescinding unobligated direct funding.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Behavior for Safe and Effective Schools Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Educators, parents, and the general public cite ineffective school discipline policies as a leading challenge facing many public schools. (2) Overly harsh, nondiscretionary school discipline practices that address even minor misbehavior through suspension, expulsion, metal detectors, surveillance cameras, and arrest are ineffective and counterproductive. (3) Research shows that ``get tough'' approaches to discipline reinforce bad behavior and predict higher future rates of misbehavior among suspended students. (4) However, suspensions and expulsions are on the rise nationally, and according to the United States Department of Education Office of Civil Rights during the 2005-2006 school year over 3,300,000 students were suspended at least once and over 100,000 students were expelled. (5) Students of color and students with disabilities are more likely to be suspended or expelled than their peers for similar disciplinary incidents. (6) There is a high correlation between school discipline and the student dropout rate. Suspended students are more likely to be retained, to dropout, to engage in delinquent activity, and to become involved in the juvenile or criminal justice system. (7) Teachers are also more likely to ``dropout'' of our schools because of school discipline issues. A 2005 national survey found that 44 percent of teachers, and 39 percent of highly qualified teachers, listed school discipline as a reason for leaving the profession. (8) Learning is linked to student behavior. Successful schools implement high academic and behavior standards, where improvements in student behavior and school climate are correlated with improved academic outcomes. (9) Evidence-based and scientifically valid practices for improving behavior and creating a school climate more conducive to learning such as school-wide positive behavior supports, have not been widely adopted, accurately implemented, or sustained. (10) Effective implementation of school-wide positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, lower suspension and expulsion rates, and increased time for instruction. (11) Early intervening services are an effective strategy for instructional support. Following implementation of school- wide positive behavior supports, out-of-school suspensions at an elementary school in Illinois decreased 85 percent, from 243 to 37 or fewer in 2 subsequent years, with a resultant gain of 386 days of instructional time. The percentage of students meeting or exceeding proficiency on State standards increased measurably. (12) Many problems can be prevented or minimized with early intervening services that have been shown to be effective and reduce the need for more intensive and more costly interventions. Upon implementing such supports, an elementary school in Maryland witnessed a decrease in office discipline referrals for major rule violations by 42 percent, recouping 119 days of instructional time for students, and 40 days of administrator time within 1 school year. (13) Schools that implement school-wide positive behavior supports are perceived by teachers to be safer teaching environments. In South Carolina, a school using a system of positive behavior supports found that teacher transfer requests declined by 100 percent and teacher absence days decreased by 36 percent. (14) When approaches such as school-wide positive behavior supports are employed, all students, including those with significant and challenging behaviors, can succeed. (b) Purposes.--The purposes of this Act are to expand the use of school-wide positive behavior supports in schools in order to systematically create a school climate that is highly conducive to learning, to reduce discipline referrals, and to improve student academic outcomes. SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORTS. In this Act, the term ``positive behavior supports'' means a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase learning, while preventing problem behaviors for all students including those with the most complex and intensive behavioral needs. SEC. 4. SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORTS. (a) Flexibility To Use Title I Funds To Implement School-Wide Positive Behavior Supports.-- (1) In general.--Section 1003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting ``(1)'' before ``Of the amount''; and (C) by adding at the end the following: ``(2) Of the amount reserved under subsection (a) for any fiscal year, the State educational agency may allocate funds to develop and implement coordinated, early intervening services (including school-wide positive behavior supports) for all students, including those who have not been identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment. Funds so allocated shall be-- ``(A) aligned with funds authorized under section 613(f) of the Individuals with Disabilities Education Act; and ``(B) used to supplement, and not supplant, funds made available under such Act for such activities and services.''. (2) Technical assistance.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (A) in section 1116(b)(4)(B)-- (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) shall include assistance in implementation of school-wide positive behavior supports and other approaches with evidence of effectiveness for improving the learning environment in the school and reducing the need for suspensions, expulsions, corporal punishment, referrals to law enforcement, and other actions that remove students from instruction;''; (B) in section 1117(a)(3), by inserting ``any technical assistance center on school-wide positive behavior supports funded under section 665(b) of the Individuals with Disabilities Education Act,'' after ``2002),''; and (C) in section 1117(a)(5)(B)-- (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) review the number of discipline referrals in the school and the overall school climate and engagement of families, and use that information to assist the school to implement school-wide positive behavior supports or other early intervening services, or both;''. (b) LEA Flexibility To Improve School Climate.--Section 1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended-- (1) by redesignating items (bb) and (cc) as items (cc) and (dd), respectively; and (2) by inserting after item (aa) the following: ``(bb) improving the learning environment in the school, including the implementation of school-wide positive behavior supports, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, corporal punishment, referrals to law enforcement, and other actions that remove students from instruction;''. SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE. Section 2122(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(c)(2)) is amended-- (1) by striking ``subject matter knowledge and teaching skills'' and inserting ``subject matter knowledge, teaching skills, and an understanding of social or emotional, or both, learning in children and approaches that improve the school climate for learning (such as school-wide positive behavior supports)''; and (2) by inserting ``to improve the teachers' schools' climate for learning'' after ``instructional leadership skills to help teachers''. SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES. Section 4002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7102) is amended-- (1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (2) by striking all that precedes paragraph (2) and inserting the following: ``The purpose of this part is to support programs that improve the whole school climate in order to foster learning, including programs that prevent discipline problems, that reduce the need for suspensions, expulsions, corporal punishment, referrals to law enforcement, and other actions that remove students from instruction, that prevent violence in and around schools, that prevent the illegal use of alcohol, tobacco, and drugs, that promote meaningful family engagement in education, and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assistance to-- ``(1) States for grants to local educational agencies and consortia of such agencies to establish, operate, and improve local programs relating to improving the school-wide climate (including implementation of school-wide positive behavior supports);''. SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM. Section 5421(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(b)(2)) is amended-- (1) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) describe how the local educational agency will address the need for early intervening services that improve the school climate for learning and reduce the need for suspensions, expulsions, corporal punishment, referrals to law enforcement, and other actions that remove students from instruction, such as through school-wide positive behavior supports;''. SEC. 8. SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. (a) In General.--The Secretary of Education, acting through the Office of the Deputy Secretary, shall administer, coordinate, implement, and ensure adequate evaluation of the effectiveness of programs and activities concerned with providing specialized instructional support services in schools, delivered by trained, qualified specialized instructional support personnel. In carrying out this subsection, the Secretary shall support activities to-- (1) improve specialized instructional support services in schools in order to improve academic achievement and educational results for students; (2) identify scientifically valid practices in specialized instructional support services that support learning and improve academic achievement and educational results for students; (3) provide continuous training and professional development opportunities for specialized instructional support personnel and other school personnel in the use of effective techniques to address academic, behavioral, and functional needs; (4) provide technical assistance to local educational agencies and State educational agencies in the provision of effective, scientifically valid, specialized instructional support services; (5) coordinate specialized instructional support services programs and services in schools between the Department of Education and other Federal agencies, as appropriate; and (6) ensure evaluation of the effectiveness of the activities described in this subsection. (b) Specialized Instructional Support Personnel; Specialized Instructional Support Services.--In this section: (1) Specialized instructional support personnel.--The term ``specialized instructional support personnel'' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services, as such term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (2) Specialized instructional support services.--The term ``specialized instructional support services'' means the services provided by specialized instructional support personnel, including any other corrective or supportive services to meet student needs. SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (20) through (32) as paragraphs (21) through (33); (2) by inserting after paragraph (19) the following: ``(20) Family engagement in education.--The term `family engagement in education' means a shared responsibility-- ``(A) of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children's learning and development; and ``(B) that is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community.''; (3) by redesignating the first paragraph (33) through paragraph (42) as paragraphs (35) through (44), respectively; and (4) by inserting after paragraph (32) the following: ``(33) Positive behavior supports.--The term `positive behavior supports' means a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase student learning, while preventing problem behaviors.''.

Positive Behavior for Safe and Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior supports, defined as a systematic approach to embed proven practices for early intervention services in order to achieve important social outcomes and increase student learning, while preventing problem behaviors. Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) professional development funding; (4) funding under the Safe and Drug-Free Schools and Communities program; and (5) elementary and secondary school counseling programs. Directs the Secretary of Education to oversee, implement, and ensure adequate evaluation of, the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals.

To amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of school-wide positive behavior supports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dot Kids Implementation and Efficiency Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the World Wide Web presents a stimulating and entertaining opportunity for children to learn, grow, and develop educationally and intellectually; (2) Internet technology also makes available an extensive amount of information that is harmful to children, as studies indicate that a significant portion of all material available on the Internet is related to pornography; (3) young children, when trying to use the World Wide Web for positive purposes, are often presented--either mistakenly or intentionally--with material that is inappropriate for their age, which can be extremely frustrating for children, parents, and educators; (4) exposure of children to material that is inappropriate for them, including pornography, can distort the education and development of the Nation's youth and represents a serious harm to American families that can lead to a host of other problems for children, including inappropriate use of chat rooms, physical molestation, harassment, and legal and financial difficulties; (5) young boys and girls, older teens, troubled youth, frequent Internet users, chat room participants, online risk takers, and those who communicate online with strangers are at greater risk for receiving unwanted sexual solicitation on the Internet; (6) studies have shown that 19 percent of youth (ages 10 to 17) who used the Internet regularly were the targets of unwanted sexual solicitation, but less than 10 percent of the solicitations were reported to the police; (7) children who come across illegal content should report it to the congressionally authorized CyberTipline, an online mechanism developed by the National Center for Missing and Exploited Children, for citizens to report sexual crimes against children; (8) the CyberTipline has received more than 64,400 reports, including reports of child pornography, online enticement for sexual acts, child molestation (outside the family), and child prostitution; (9) although the computer software and hardware industries, and other related industries, have developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self- regulation, to date such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; (10) the creation of a ``green-light'' area within the United States country code Internet domain, that will contain only content that is appropriate for children under the age of 13, is analogous to the creation of a children's section within a library and will promote the positive experiences of children and families in the United States; and (11) while custody, care, and nurture of the child reside first with the parent, the protection of the physical and psychological well-being of minors by shielding them from material that is harmful to them is a compelling governmental interest. (b) Purposes.--The purposes of this Act are-- (1) to facilitate the creation of a second-level domain within the United States country code Internet domain for the location of material that is suitable for minors and not harmful to minors; and (2) to ensure that the National Telecommunications and Information Administration oversees the creation of such a second-level domain and ensures the effective and efficient establishment and operation of the new domain. SEC. 3. NTIA AUTHORITY. Section 103(b)(3) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(3)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the United States country code domain in accordance with section 157.''. SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding at the end the following new section: ``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN. ``(a) Responsibilities.--The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the `new domain'). ``(b) Conditions of Contract Renewal.--The NTIA may not renew any contract to operate and maintain the domain with the initial registry, or enter into or renew any such contract with any successor registry, unless such registry enters into an agreement with the NTIA, during the 90-day period beginning upon the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002 in the case of the initial registry or during the 90-day period after selection in the case of any successor registry, as applicable, which provides for the registry to carry out, and the new domain operates pursuant to, the following requirements: ``(1) Written content standards for the new domain, except that the NTIA shall not have any authority to establish such standards. ``(2) Written agreements with each registrar for the new domain that require that use of the new domain is in accordance with the standards and requirements of the registry. ``(3) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to use the new domain in accordance with the standards and requirements of the registry. ``(4) Rules and procedures for enforcement and oversight that minimize the possibility that the new domain provides access to content that is not in accordance with the standards and requirements of the registry. ``(5) A process for removing from the new domain any content that is not in accordance with the standards and requirements of the registry. ``(6) A process to provide registrants to the new domain with an opportunity for a prompt, expeditious, and impartial dispute resolution process regarding any material of the registrant excluded from the new domain. ``(7) Continuous and uninterrupted service for the new domain during any transition to a new registry selected to operate and maintain new domain or the United States country code domain. ``(8) Procedures and mechanisms to promote the accuracy of contact information submitted by registrants and retained by registrars in the new domain. ``(9) Operationality of the new domain not later than one year after the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002. ``(10) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit two-way and multiuser interactive services in the new domain, unless the registrant certifies to the registrar that such service will be offered in compliance with the content standards established pursuant to paragraph (1) and is specifically constructed and operated to protect minors from harm. ``(11) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit hyperlinks in the new domain that take new domain users outside of the new domain. ``(12) Any other action that the NTIA considers necessary to establish, operate, or maintain the new domain in accordance with the purposes of this section. ``(c) Treatment of Registry and Other Entities.-- ``(1) In general.--Only to the extent that such entities carry out functions under this section, the following entities are deemed to be interactive computer services for purposes of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)): ``(A) The registry that operates and maintains the new domain. ``(B) Any entity that contracts with such registry to carry out functions to ensure that content accessed through the new domain complies with the limitations applicable to the new domain. ``(C) Any registrar for the registry of the new domain that is operating in compliance with its agreement with the registry. ``(2) Savings provision.--Nothing in paragraph (1) shall be construed to affect the applicability of any other provision of title II of the Communications Act of 1934 to the entities covered by subparagraph (A), (B), or (C) of paragraph (1). ``(d) Education.--The NTIA shall carry out a program to publicize the availability of the new domain and to educate the parents of minors regarding the process for utilizing the new domain in combination and coordination with hardware and software technologies that provide for filtering or blocking. The program under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(e) Coordination With Federal Government.--The registry selected to operate and maintain the new domain shall-- ``(1) consult with appropriate agencies of the Federal Government regarding procedures and actions to prevent minors and families who use the new domain from being targeted by adults and other children for predatory behavior, exploitation, or illegal actions; and ``(2) based upon the consultations conducted pursuant to paragraph (1), establish such procedures and take such actions as the registry may deem necessary to prevent such targeting. The consultations, procedures, and actions required under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public. ``(f) Compliance Report.--The registry shall prepare, on an annual basis, a report on the registry's monitoring and enforcement procedures for the new domain. The registry shall submit each such report, setting forth the results of the review of its monitoring and enforcement procedures for the new domain, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(g) Selection of Contractor.-- ``(1) Withdrawal of registry.-- ``(A) Election by registry.--Upon a good faith showing by the registry of the new domain to the NTIA of extreme financial hardship in the operation of the new domain occurring any time after the date of the enactment of the Dot Kids Implementation and Efficiency Act of 2002, the registry may elect to relinquish the right to operate and maintain the new domain. Notwithstanding the time of occurrence of such extreme financial hardship or the time of such election, the registry may not relinquish such right before the expiration of the 3-year period beginning upon such date of enactment. ``(B) Selection of new contractor.--If the registry elects to relinquish such right pursuant to subparagraph (A), the NTIA shall select a contractor to operate and maintain the new domain under the competitive bidding process established pursuant to paragraph (2). ``(C) Extreme financial hardship.--For purposes of this paragraph, the term `extreme financial hardship' means that each quarter, for a period of 6 or more consecutive quarters, the costs of establishing, operating, and maintaining the new domain exceed the revenues generated from registrants by more than 25 percent. ``(2) Competitive bid selection process.--The NTIA shall establish a process for soliciting applications and selecting a contractor to operate and maintain the new domain pursuant to this subsection), which process shall comply with the following requirements: ``(A) Timing.--The selection process shall commence and complete not later than (i) 120 days after the registry elects to relinquish the new domain for extreme financial hardship, or (ii) the expiration of a contract referred to in paragraph (4), as applicable. ``(B) Notice.--The selection process shall provide adequate notice to prospective applicants of-- ``(i) the opportunity to submit such an application; and ``(ii) the criteria for selection under subparagraph (C). ``(C) Criteria.--The selection shall be made pursuant to written, objective criteria designed to ensure-- ``(i) that the new domain is operated and maintained in accordance with the requirements under subsection (b); and ``(ii) that the contractor selected to operate and maintain the new domain is the applicant most capable and qualified to do so. ``(D) Review.--Not more than 60 days after the conclusion of the period established for submission of applications, the NTIA shall-- ``(i) review and apply the selection criteria established under subparagraph (C) to each application submitted; and ``(ii) based upon such criteria and subject to submission of an application meeting such criteria, select an application and award to the applicant a subcontract for the operation and maintenance of the new domain. ``(E) Failure to find contractor.--If the NTIA fails to find a suitable contractor pursuant to the process under this paragraph, the NTIA shall permit the registry to cease operation of the new domain. ``(3) Rights and duties.--A contractor selected pursuant to this subsection shall have all of the rights and duties of the registry specified under this section, except that such duties shall not include the technical maintenance of the new domain. ``(4) Conditions of contract renewal.--In the case of the expiration of a contract for operation and maintenance of the new domain with a contractor selected pursuant to paragraph (2), the NTIA may renew such contract or, subject to paragraph (2), rebid the contract to a new contractor. Nothing in this section shall be construed to prevent the registry of the United States country code Internet domain from bidding to become the contractor of the new domain. ``(h) Suspension of New Domain.--If the NTIA finds, pursuant to its own review or upon a good faith petition by the registry, that the new domain is not serving its intended purpose, the NTIA shall instruct the registry to suspend operation of the new domain until such time as the NTIA determines that the new domain can be operated as intended. ``(i) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Harmful to minors.--The term `harmful to minors' means, with respect to material, that-- ``(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, that it is designed to appeal to, or is designed to pander to, the prurient interest; ``(B) the material depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and ``(C) taken as a whole, the material lacks serious, literary, artistic, political, or scientific value for minors. ``(2) Minor.--The term `minor' means any person under 13 years of age. ``(3) Registry.--The term `registry' means the registry selected to operate and maintain the United States country code Internet domain ``(4) Suitable for minors.--The term `suitable for minors' means, with respect to material, that it-- ``(A) is not psychologically or intellectually inappropriate for minors; and ``(B) serves-- ``(i) the educational, informational, intellectual, or cognitive needs of minors; or ``(ii) the social, emotional, or entertainment needs of minors.''.

Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code Internet domain to establish, operate, and maintain such second-level domain. Prohibits NTIA from renewing any contract to operate and maintain the domain with the initial registry, or to enter into or renew a contract with a successor registry, unless such registry enters into an agreement with NTIA which requires the registry to carry out, and the new domain to operate under, specified requirements.Requires NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies.Allows a registry, upon a showing of extreme financial hardship, to relinquish the right to operate and maintain the new domain and requires NTIA to then select, under a competitive bidding process, a contractor to operate and maintain such domain. Prohibits the registry from relinquishing such right before the end of the three-year period following the enactment of this Act.Authorizes NTIA to suspend from new domain operation a registry found not to be serving its intended purpose.

A bill to facilitate the creation of a new, second-level Internet domain within the United States country code domain that will be a haven for material that promotes positive experiences for children and families using the Internet, provides a safe online environment for children, and helps to prevent children from being exposed to harmful material on the Internet, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Piracy Suppression Act of 2011''. SEC. 2. ACT OF PIRACY. Section 4297 of the Revised Statutes of the United States (33 U.S.C. 385) is amended by striking so much as precedes the text and inserting the following: ``SEC. 4297. PENALTY FOR PIRACY; SEIZURE AND CONDEMNATION OF VESSELS. ``(a) Penalty for Piracy.-- ``(1) Crime.--Whoever commits an act of piracy shall be punished by death or imprisoned for life. ``(2) Act of piracy defined.--In this subsection the term `act of piracy' means-- ``(A) any illegal act of violence, detention, or depredation that is committed for private ends by the crew or passengers of a private vessel and directed against a vessel, person, or property on the high seas or in any other place outside the jurisdiction of any State; or ``(B) inciting or facilitating an act of piracy, as defined in subparagraph (A); and ``(C) any act of voluntary participation in the operation of a vessel with knowledge of facts making it a pirate ship. ``(b) Seizure and Condemnation of Vessels Fitted Out for Piracy.-- ''. SEC. 3. REIMBURSEMENT FOR ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS FROM PIRACY. (a) In General.--Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 410. Reimbursement for actions taken to protect foreign-flagged vessels from piracy ``(a) In General.--The Secretary of Defense shall, in consultation with the Secretary of State, the Secretary of Transportation, and the Secretary of the department in which the Coast Guard is operating-- ``(1) determine the full cost to the United States of each action taken by the United States to protect or defend a vessel that is not documented under the laws of the United States from a pirate attack, including the cost of each action by the United States to deter such attack; and ``(2) seek reimbursement for such cost from the country under the laws of which the vessel for which protection or defense was provided is documented, which shall be credited back to the appropriations charged for such cost. ``(b) Reimbursements.--Reimbursement under this section may be waived if-- ``(1) such country contributes military forces to the Combined Maritime Forces' Combined Task Force-151 within 180 days of the action taken; ``(2) such country deploys military forces to the Indian Ocean or Gulf of Aden to deter, prevent, or defend vessels from pirate attack within 180 days of the action taken; ``(3) such country assists in the prosecution or detention of pirates; or ``(4) the President determines it is in the national security interest of the United States to do so.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the following new item: ``410. Reimbursement for actions taken to protect foreign-flagged vessels from piracy.''. SEC. 4. TRAINING PROGRAM FOR USE OF FORCE AGAINST PIRACY. (a) In General.--Chapter 517 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 51705. Training program for use of force against piracy ``The Secretary of Transportation shall establish a training program for United States mariners on the use of force against pirates. The program shall include-- ``(1) information on waters designated as high-risk waters by the Commandant of the Coast Guard; ``(2) information on current threats and patterns of attack by pirates; ``(3) tactics for defense of a vessel, including instruction on the types, use, and limitations of security equipment; ``(4) standard rules for the use of force for self defense as developed by the Secretary of the department in which the Coast Guard is operating under section 912(c) of the Coast Guard Authorization Act of 2010 (Public Law 111-281; 46 U.S.C. 8107 note), including instruction on firearm safety for crewmembers of vessels carrying cargo under section 55305 of this title; and ``(5) procedures to follow to improve crewmember survivability if captured and taken hostage by pirates.''. (b) Deadline.--The Secretary of Transportation shall establish the program required under the amendment made by subsection (a) by no later than 180 days after the date of enactment of this Act. (c) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the following new item: ``51705. Training program for use of force against piracy.''. SEC. 5. SECURITY OF GOVERNMENT IMPELLED CARGO. Section 55305 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(e) Security of Government Impelled Cargo.-- ``(1) In order to assure the safety of vessels and crewmembers transporting equipment, materials, or commodities under this section, the Secretary of Transportation shall direct each department or agency responsible for the carriage of such equipment, materials, or commodities to provide armed personnel aboard vessels of the United States carrying such equipment, materials, or commodities while transiting high-risk waters. ``(2) The Secretary of Transportation shall direct each such department or agency to reimburse, subject to the availability or appropriations, the owners or operators of such vessels for the cost of providing armed personnel. ``(3) For the purposes of this subsection, the term `high- risk waters' means waters so designated by the Commandant of the Coast Guard in the Port Security Advisory in effect on the date on which the voyage begins.''. SEC. 6. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on efforts to track ransom payments paid to pirates operating in the waters off Somalia and improve the prosecution of such pirates. The report shall include-- (1) the status of Working Group 5 of the Contact Group on Piracy Off the Somali Coast, any efforts undertaken by the Working Group, and recommendations for improving the Working Group's effectiveness; (2) efforts undertaken by the United States Government to implement and enforce Executive Order 13536, including recommendations on how to better implement that order to suppress piracy; (3) efforts undertaken by the United States Government to track ransom payments made to pirates operating off the coast of Somalia, the effectiveness of those efforts, any operational actions taken based off those efforts, and recommendations on how to improve such tracking; (4) actions taken by the United States Government to improve the international prosecution of pirates captured off the coast of Somalia; and (5) an update on the United States Government's efforts to implement the recommendation contained in General Accountability Office report GAO-10-856, entitled ``Maritime Security: Actions Needed to Assess and Update Plan and Enhance Collaboration among Partners Involved in Countering Piracy off the Horn of Africa'', that metrics should be established for measuring the effectiveness of counter piracy efforts. SEC. 7. TECHNICAL CORRECTION. Section 8107(c) of title 46, United States Code, is amended to read as follows: ``(c) Definition.--For the purpose of this section, the term `act of piracy' has the meaning that term has in section 4297(a) of the Revised Statutes of the United States.''.

Piracy Suppression Act of 2011 - (Sec. 2) Amends the Revised Statutes to subject any person who commits an act of piracy to the penalty of death or imprisonment for life. Defines "act of piracy" to mean any: (1) illegal act of violence, detention, or depredation, committed by the crew or passengers of a vessel against a vessel, person, or property on the high seas or in any other place outside the jurisdiction of a state (including inciting or facilitating such an act of piracy); and (2) any voluntary act of participation in the operation of a vessel with knowledge that it is a pirate ship. (Sec. 3) Directs the Secretary of Defense (DOD) to seek reimbursement from a foreign country for the cost of U.S. action to protect or defend foreign-flagged vessels of the country from a pirate attack, including the cost of U.S. action to deter the attack. Authorizes the waiver of such costs under certain circumstances. (Sec. 4) Directs the Secretary of Transportation (DOT) to establish a training program for U.S. mariners on the use of force against pirates. (Sec. 5) Directs the DOT Secretary to require each federal agency responsible for the transport of equipment, materials, or commodities (government-impelled cargo) by U.S. vessels to provide armed personnel aboard such vessels while transiting high-risk waters. Requires each agency to reimburse vessel owners or operators for the cost of providing armed personnel. (Sec. 6) Directs the Comptroller General to report to Congress on efforts to track ransom payments paid to pirates operating in the waters off Somalia and improve their prosecution.

To suppress the threat of piracy on the high seas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Corps Act''. SEC. 2. AMENDMENT TO THE NATIONAL AND COMMUNITY SERVICE ACT OF 1990. Title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) is amended by adding at the end the following: ``Subtitle J--Clean Energy Corps ``SEC. 199P. GENERAL AUTHORITY. ``The Corporation for National and Community Service (in this title referred to as the `Corporation') shall make grants to States and eligible entities for the creation or expansion of full-time or part- time Clean Energy Corps programs. ``SEC. 199Q. APPLICATION. ``(a) In General.--To be eligible to receive a grant under this subtitle, a State or eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may reasonably require. ``(b) Process.--The Corporation shall consult with state and local Conservation Corps in the development of the application guidelines. ``(c) Disadvantaged Youth.--To acknowledge the focused enrollment of disadvantaged youth and young adults in the Clean Energy Corps, the Corporation shall-- ``(1) allow a higher cost-per-member to enable Clean Energy Corps programs to provide the necessary supportive services to ensure the success of the participants; and ``(2) allow for greater flexibility in retention rates. ``(d) Consideration of Residential Corps.--The Corporation shall allow for equal consideration of residential Corps program opportunities since residential Corps thrive in rural areas that commonly lack opportunities for young adults, enable the participation for emancipated foster youth, gang involved youth, and others lacking a safe and stable home environment, allow for more structured time for work, training, education and counseling, and provide disaster response-ready crews immediately upon request. ``(e) Equitable Treatment.--In the consideration of applications, the Corporation shall ensure the equitable treatment of both urban and rural areas. ``SEC. 199R. FOCUS OF PROGRAMS. ``(a) In General.--Programs that receive assistance under this subtitle may carry out activities that-- ``(1) meet an identifiable public need with specific emphasis on projects in support of energy conservation, infrastructure and transportation improvement, and emergency operations, including-- ``(A) improving the energy efficiency of housing for elderly and low-income people; ``(B) building energy-efficient ``green'' housing for elderly and low-income people; ``(C) environmental education and energy conservation education for elementary and secondary school students and the public; ``(D) reusing and recycling including deconstruction; ``(E) the repair, renovation, or rehabilitation of an existing infrastructure facility including, but not limited to, rail, mass transportation, ports, inland navigation, schools and hospitals; ``(F) transportation enhancements; ``(G) recreational trails improvements, including those that enable alternative means of transportation and ensure safe use; ``(H) transformation of military bases affected by the Base Realignment and Closing process (BRAC) to green the space; ``(I) tree planting and reforestation; ``(J) renewable resource enhancement; and ``(K) assisting in emergency operations, such as disaster prevention and relief; and ``(2) provide opportunities for youth and young adults, especially disadvantaged youth, to be trained for careers related to the activities listed in paragraph (1), including those that will be part of the emerging field of ``green collar'' jobs. ``(b) Goals of the Clean Energy Corps.--The goals of the Clean Energy Corps are to-- ``(1) promote clean energy use and preserve, protect, and sustain the environment; ``(2) provide young adults with opportunities to become better citizens, students and workers through meaningful service to their communities and the Nation; ``(3) mobilize youth and young adults, especially disadvantaged youth, to promote energy conservation and mitigate threats to the environment; and ``(4) provide a pathway to responsible adulthood and productive, unsubsidized employment in the private sector. ``SEC. 199S. TRAINING AND EDUCATION SERVICES. ``All applicants must describe how they intend to-- ``(1) assess the skills of Corpsmembers; ``(2) provide life skills and work skills training; ``(3) provide training and education; ``(4) develop agreements for academic study with-- ``(A) local education agencies; ``(B) community colleges; ``(C) 4-year colleges; ``(D) area charter high schools and vocational- technical schools; and ``(E) community-based organizations; ``(5) provide career and educational guidance; and ``(6) Recruit participants without high school diplomas. ``SEC. 199T. PREFERENCE FOR CERTAIN PROJECTS. ``In the consideration of applications the Corporation shall give preference to programs that are discrete and-- ``(1) meet an identifiable public need; ``(2) instill a work ethic and a sense of public service in the participants; ``(3) involve youth operating in crews or a team-based structure; and ``(4) enhance skills development and educational level and opportunities for the participants. ``SEC. 199U. PARTICIPANTS. ``(a) In General.--Age enrollment in programs that receive assistance under this subtitle shall be limited to individuals who, at the time of enrollment, are not less than 18 years nor more than 25 years of age, except that summer programs may include individuals not less than 14 years or more than 21 years of age at the time of the enrollment of such individuals. ``(b) Participation of Disadvantaged Youth.--Programs that receive assistance under this subtitle shall ensure that at least 50 percent of the participants are economically disadvantaged youth. ``(c) Special Corpsmembers.--Notwithstanding subsection (a) of this section, program agencies may enroll a limited number of special Corpsmembers over age 25 so that the Clean Energy Corps may draw on their special skills to fulfill the purposes of this subtitle. ``SEC. 199V. USE OF VOLUNTEERS. ``The use of volunteer services under this section shall be subject to the condition that such use does not result in the displacement of any participant. ``SEC. 199W. COOPERATION AMONG STATES FOR EMERGENCY RESPONSE. ``(a) Agreements Between States.--States operating a Clean Energy Corps may enter into a compact with participating States to provide for mutual cooperation to manage any emergency or disaster that is duly declared by the affected State. ``(b) Participating State Responsibilities.-- ``(1) The authorized representative of a participating State may request assistance of another party by contracting the authorized representative of that State. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. ``(2) There shall be frequent consultation between State officials who have assigned emergency management responsibilities and other appropriate representatives of the party States with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. ``SEC. 199X. FEDERAL SHARE. ``The Federal share of the cost of carrying out an Clean Energy Corps program for which a grant is made under this subtitle is 76 percent of the total cost of the program. ``SEC. 199Y. BEST PRACTICES. ``(a) Training and Technical Assistance.--The Corporation shall provide technical assistance to grantees that request assistance and shall disseminate best practices that emerge from the Clean Energy Corps. ``(b) Contract.--In providing training and technical assistance, the Corporation shall contract with a national organization with a proven track record of developing and sustaining Corps, working with the Conservation Corps model, and engaging young people from disadvantaged backgrounds. ``SEC. 199Z. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2014 to achieve the purposes of this subtitle. ``(b) Allocation.--Of the amounts appropriated to carry out this subtitle for each fiscal year-- ``(1) 90 percent shall be for grants to eligible entities; ``(2) 5 percent shall be technical assistance, and dissemination of best practices; and ``(3) 5 percent shall be for evaluation.''.

Clean Energy Corps Act - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to make grants to states and eligible entities for the creation or expansion of Clean Energy Corps programs, possibly including residential programs, with the following goals: (1) to promote clean energy use and preserve, protect, and sustain the environment; (2) to provide young adults with opportunities to become better citizens, students, and workers through meaningful service to their communities and the nation; (3) to mobilize youth and young adults, especially disadvantaged youth, to promote energy conservation and mitigate threats to the environment; and (4) to provide a pathway to responsible adulthood and productive, unsubsidized employment in the private sector. Authorizes Corps programs to implement activities that: (1) meet an identifiable public need with specific emphasis on projects in support of energy conservation, infrastructure and transportation improvement, and emergency operations; and (2) provide opportunities for youth and young adults to be trained for careers related to such activities, including those in the emerging field of green collar jobs. Limits enrollment of program participants to: (1) individuals between 18 and 25 years of age, in general; (2) individuals between 14 and 21 for summer programs; and (3) a limited number of special Corpsman over 25 with special skills. Requires Corps programs that receive assistance to ensure that at least 50% of the participants are economically disadvantage youth.

To amend the National and Community Service Act of 1990 to establish the Clean Energy Corps to mobilize young people to promote energy conservation and mitigate threats to the environment.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Food 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. Findings and purposes. Sec. 3. Definitions. Sec. 4. Establishment of independent Food Safety Administration. Sec. 5. Consolidation of separate food safety and inspection services and agencies. Sec. 6. Additional authorities of the Administration. Sec. 7. Limitation on authorization of appropriations. Sec. 8. Effective date. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the safety and security of the food supply of the United States requires efficient and effective management of food safety regulations; (2) the safety of the food supply of the United States is facing tremendous pressures with regard to-- (A) emerging pathogens and the ability to detect those pathogens; (B) an aging population with a growing number of people at high risk for foodborne illnesses; (C) an increasing volume of imported foods, without adequate monitoring and inspection; and (D) maintenance of adequate inspection of the domestic food processing and food service industry; (3) Federal food safety inspection, enforcement, and research efforts should be based on scientifically supportable assessments of risks to public health; and (4) the Federal food safety system is fragmented, with at least 12 Federal agencies governing food safety. (b) Purposes.--The purposes of this Act are-- (1) to establish a single agency, to be known as the ``Food Safety Administration'', to be responsible for the regulation of food safety and labeling and for conducting food safety inspections to ensure with reasonable certainty, by preventing food-borne illnesses due to microbial, natural, or chemical hazards in food, that no harm will result from the consumption of food; and (2) to transfer to that agency the food safety, labeling, and inspection functions currently performed by other Federal agencies, to achieve more efficient management and effective application of Federal food safety laws for the protection and improvement of public health. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 4. (2) Administrator.--The term ``Administrator'' means the Administrator of Food Safety appointed under section 4. (3) Food safety law.--The term ``food safety law'' means-- (A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (B) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); (C) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); (D) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), regarding food safety, labeling, and inspection under that Act; or (E) such other law or portions of a law regarding food safety, labeling, and inspection as the President designates by Executive order as appropriate to consolidate under the administration of the Administration. SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION. (a) Establishment.-- (1) In general.--There is established in the Executive branch an agency to be known as the ``Food Safety Administration''. (2) Status.--The Administration shall be an independent establishment (as defined in section 104 of title 5, United States Code). (3) Head of administration.--The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Duties.--The Administrator shall-- (1) administer and enforce the food safety laws for the protection of the public health; and (2) oversee-- (A) implementation of Federal food safety inspection, enforcement, and research efforts, based on scientifically supportable assessments of risks to public health; (B) development of consistent and science-based standards for safe food; (C) coordination and prioritization of food safety research and education programs with other Federal agencies; (D) coordination of the Federal response to foodborne illness outbreaks with other Federal agencies and State agencies; and (E) integration of Federal food safety activities with State and local agencies. SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES AND AGENCIES. (a) Transfer of Functions.--For each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the effective date specified in section 8 (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety laws, as determined by the President. (b) Transferred Agencies.--The Federal agencies referred to in subsection (a) are-- (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration; (3) the Center for Veterinary Medicine of the Food and Drug Administration; (4) the part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce that administers the Seafood Inspection Program; and (5) such other offices, services, or agencies as the President designates by Executive order to carry out this Act. (c) Transfer of Assets and Funds.-- (1) In general.--Consistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds that relate to the functions transferred under subsection (a) from a Federal agency shall be transferred to the Administration. (2) Unexpended funds.--Unexpended funds transferred under this subsection shall be used by the Administration only for the purposes for which the funds were originally authorized and appropriated. (d) References.--After the transfer of functions from a Federal agency under subsection (a), any reference in any other Federal law, Executive order, rule, regulation, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration or the Administrator, respectively. (e) Savings Provisions.--The transfer of functions from a Federal agency under subsection (a) shall not affect-- (1) an order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action issued, made, granted, or otherwise in effect or final with respect to that agency on the day before the transfer date with respect to the transferred functions; or (2) any civil action commenced with regard to that agency, and any other proceeding (including a notice of proposed rulemaking), or any application for any license, permit, certificate, or financial assistance pending before that agency on the day before the transfer date with respect to the transferred functions. SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION. (a) Officers and Employees.--The Administrator may appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service, and fix the compensation of the officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administrator may procure the services of experts and consultants as authorized by section 3109 of title 5, United States Code, and pay in connection with the services travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Rules.--The Administrator may prescribe, in accordance with chapters 5 and 6 of title 5, United States Code, such rules as the Administrator determines are necessary or appropriate to perform the duties of the Administrator. SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS. For the fiscal year that includes the effective date of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed-- (1) the amount appropriated for that fiscal year for the Federal agencies identified in section 5(b) for the purpose of administering or enforcing the food safety laws; or (2) the amount appropriated for those agencies for that purpose for the preceding fiscal year, if, as of the effective date of this Act, appropriations for those agencies for the fiscal year that includes the effective date have not yet been made. SEC. 8. EFFECTIVE DATE. This Act takes effect on the earlier of-- (1) the date that is 180 days after the date of enactment of this Act; and (2) such date during that 180-day period as the President may direct by Executive order.

Safe Food Act of 2001 - Establishes in the executive branch an independent Food Safety Administration which shall administer and enforce the food safety laws for the protection of the public health. Directs the Administrator of Food Safety to oversee the: (1) implementation of Federal food safety inspection, enforcement, and research efforts, based on scientifically supportable assessments of risks to public health; (2) development of consistent and science-based standards for safe food; (3) coordination and prioritization of food safety research and education programs with other Federal agencies; (4) coordination of the Federal response to food-borne illness outbreaks with other Federal agencies and State agencies; and (5) integration of Federal food safety activities with State and local agencies.Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA); (3) the Center for Veterinary Medicine of FDA; (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program; and (5) such others as the President may designate by executive order.

A bill to consolidate in a single independent agency in the Executive branch the responsibilities regarding food safety, labeling, and inspection currently divided among several Federal agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contractors and Federal Spending Accountability Act of 2008''. SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS. (a) In General.--Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants. (b) Persons Covered.--The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person. (c) Information Included.--With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding the following: (1) Each civil or criminal proceeding, or any administrative proceeding, with respect to the person during the period to the extent that such proceeding results in the following dispositions and the payment of a monetary fine, penalty, reimbursement, restitution, damages, or settlement to a government of $5,000 or more, concluded by the Federal Government or any State government against the person: (A) In a criminal proceeding, a conviction. (B) In a civil or administrative proceeding, a finding of liability. (C) In a civil or administrative proceeding, a disposition of the matter by consent or compromise if the proceeding could have led to either of the outcomes specified in subparagraph (A) or (B). (2) Each Federal contract and grant awarded to the person that was terminated in such period due to default. (3) Each Federal suspension and debarment of the person in that period. (4) Each Federal administrative agreement signed with the person in that period if the proceeding concerned could have led to either of the outcomes specified in subparagraph (A) or (B) of paragraph (1). (5) Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). (d) Requirements Relating to Information in Database.-- (1) Direct input and update.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or grant recipients. (2) Timeliness and accuracy.--The Administrator shall develop policies to require-- (A) the timely and accurate input of information into the database; (B) notification of any covered person when information relevant to the person is entered into the database; and (C) an opportunity for any covered person to append comments to information about such person in the database. (e) Availability.-- (1) Availability to all federal agencies.--The Administrator shall make the database available to all Federal agencies. (2) Availability to the public.--The Administrator shall make the database available to the public by posting the database on the General Services Administration website. (3) Limitation.--This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code. SEC. 3. REVIEW OF DATABASE. (a) Requirement to Review Database.--Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2. (b) Requirement To Document Present Responsibility.--In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible. SEC. 4. DISCLOSURE IN APPLICATIONS. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c). (b) Covered Contracts and Grants.--This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)). SEC. 5. ROLE OF INTERAGENCY COMMITTEE. (a) Requirement.--The Interagency Committee on Debarment and Suspension shall-- (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; (2) coordinate actions among interested agencies with respect to such action; (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7) submit to the Congress an annual report on-- (A) the progress and efforts to improve the suspension and debarment system; (B) member agencies' active participation in the committee's work; and (C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system. (b) Definition.--The term ``Interagency Committee on Debarment and Suspension'' means such committee constituted under sections 4 and 5 and of Executive Order 12549. SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES. Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2. SEC. 8. REPORT TO CONGRESS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b) Contents of Report.--The report shall contain the following: (1) A list of all databases that include information about Federal contracting and Federal grants. (2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.

Contractors and Federal Spending Accountability Act of 2008 - Requires the Administrator of General Services to establish and maintain on a General Services Administration (GSA) website for use by officials of all federal agencies a database of information regarding the integrity and performance of persons awarded federal contracts and grants. Requires the database to include information on such persons for the last five years regarding: (1) any civil, criminal, or administrative proceeding resulting in payment of a monetary fine, penalty, reimbursement, restitution, damages, or settlement of $5,000 or more to the federal or a state government; and (2) each contract and grant terminated due to default; (3) each suspension and debarment; (4) each federal and state administrative agreement signed in a proceeding that could have led to a criminal conviction or a finding of liability; and (5) each federal determination that such a person is not a responsible source under the Office of Federal Procurement Policy Act. Requires disclosure of such information by applicants for grants or contracts exceeding the simplified acquisition threshold. Requires the Administrator to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for such person to append comments to such information. Requires agency officials to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective awardee against whom a judgment or conviction for similar offences has been rendered more than once within any three-year period is considered presently responsible. Sets forth the role of the Interagency Committee on Debarment and Suspension, including to: (1) determine the agency responsible for initiating proceedings; (2) facilitate cooperative efforts among agencies in the suspension and debarment system; and (3) report to Congress on improvements to and each agency's activities in such system. Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate. Requires the Administrator to report to Congress on all databases that include information about federal contracting and grants and on creating a centralized federal contracting and grant database.

A bill to improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system.

SECTION 1. HOPE SCHOLARSHIP CREDIT. (a) Expansion of Credit.-- (1) In general.--Section 25A(b) of the Internal Revenue Code of 1986 (relating to Hope Scholarship Credit) is amended-- (A) in paragraph (1), by striking ``the sum of'' and all that follows and inserting ``100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,500.'', (B) in paragraph (2)(A), by striking ``2'' in the text and in the heading and inserting ``4'', (C) in paragraph (2)(C), by striking ``2'' in the text and in the heading and inserting ``4'', and (D) by striking paragraph (4). (2) Conforming amendments.--Section 25A(h)(1)(A) of such Code (relating to inflation adjustments) is amended-- (A) by striking ``2001'' and inserting ``2004'', (B) by striking ``each of the $1,000 amounts'' and inserting ``the $2,500 amount'', and (C) by striking ``2000'' and inserting ``2003''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 2. REFUNDABILITY OF HOPE AND LIFETIME LEARNING CREDIT. (a) Refundable Credit.-- (1) In general.--Section 25A of the Internal Revenue Code of 1986 is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 35. (2) Technical amendments.-- (A) Section 36 of such Code is redesignated as section 37. (B) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 36. (C) Paragraph (1) of section 36(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Section 36 of such Code (as so redesignated) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Coordination With Advance Payment.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for such taxable year.''. (E) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (F) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (G) Section 221(d) of such Code is amended-- (i) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 36(g)(2)'', (ii) by striking ``section 25A(f)(2)'' in paragraph (2)(B) and inserting ``section 36(f)(2)'', and (iii) by striking ``section 25A(b)(3)'' in paragraph (3) and inserting ``section 36(b)(3)''. (H) Section 222 of such Code is amended-- (i) by striking ``section 25A'' in subparagraph (A) of subsection (c)(2) and inserting ``section 36'', (ii) by striking ``section 25A(f)'' in subsection (d)(1) and inserting ``section 36(f)'', and (iii) by striking ``section 25A(g)(2)'' in subsection (d)(1) and inserting ``section 36(g)(2)''. (I) Section 529 of such Code is amended-- (i) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (c)(3)(B)(v) and inserting ``section 36(g)(2)'', (ii) by striking ``section 25A'' in subclause (II) of subsection (c)(3)(B)(v) and inserting ``section 36'', and (iii) by striking ``section 25A(b)(3)'' in clause (i) of subsection (e)(3)(B) and inserting ``section 36(b)(3)''. (J) Section 530 of such Code is amended-- (i) by striking ``section 25A(g)(2)'' in subclause (I) of subsection (d)(2)(C)(i) and inserting ``section 36(g)(2)'', (ii) by striking ``section 25A'' in subclause (II) of subsection (d)(2)(C)(i) and inserting ``section 36'', and (iii) by striking ``section 25A(g)(2)'' in clause (iii) of subsection (d)(4)(B) and inserting ``section 36(g)(2)''. (K) Subsection (e) of section 6050S of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (L) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 36(g)(1)''. (M) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 36 of such Code''. (N) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Hope and Lifetime Learning credits. ``Sec. 37. Overpayments of tax.''. (O) The table of sections for subpart A of part IV of such Code is amended by striking the item relating to section 25A. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. ADVANCE PAYMENT OF CREDIT FOR HOPE SCHOLARSHIP AND LIFETIME LEARNING. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by redesignating section 7528 as section 7529 and inserting after section 7527 the following new section: ``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HOPE SCHOLARSHIP AND LIFETIME LEARNING. ``(a) General Rule.--Not later than August 1, 2004, the Secretary shall establish a program for making payments on behalf of certified individuals to eligible educational institutions (as defined in section 36(f)(2)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the qualified tuition and related expenses (within the meaning of section 36(f)(1)) incurred by such individual at such eligible educational institution during the taxable year. ``(c) Certified Individual.--For purposes of this section, the term `certified individual' means any individual for whom a qualified education costs credit eligibility certificate is in effect. ``(d) Qualified Education Costs Credit Eligibility Certificate.-- For purposes of this section, the term `qualified education costs credit eligibility certificate' means any written statement that an individual has incurred costs which are qualified tuition and related expenses (within the meaning of section 36(f)(1)) if such statement provides such information as the Secretary may require for purposes of this section.''. (b) Disclosure of Return Information for Purposes of Carrying Out a Program for Advance Payment of Credit for Hope Scholarship and Lifetime Learning.-- (1) In general.--Subsection (l) of section 6103 of such Code (relating to disclosure of returns and return information for purposes other than tax administration) is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of carrying out a program for advance payment of credit for hope scholarship and lifetime learning.--The Secretary may disclose to educational institutions for any certified individual (as defined in section 7528(c)) return information with respect to such certified individual only to the extent necessary to carry out the program established by section 7528 (relating to advance payment of credit for hope scholarship and lifetime learning).''. (2) Procedures and recordkeeping related to disclosures.-- Subsection (p) of such section is amended-- (A) in paragraph (3)(A) by striking ``or (18)'' and inserting ``(18), or (21)'', and (B) in paragraph (4) by striking ``or (20)'' and inserting ``(20), or (21)'' each place it appears. (3) Unauthorized inspection of returns or return information.--Section 7213A(a)(1)(B) of such Code is amended by striking ``(l)(18) or (n)'' and inserting ``(l)(18), (l)(19), or (n)''. (c) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by inserting after section 6050S the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR HOPE SCHOLARSHIP AND LIFETIME LEARNING. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7528 (relating to advance payment of credit for hope scholarship and lifetime learning) with respect to any certified individual (as defined in section 7528(c)) shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7528 (relating to advance payment of credit for hope scholarship and lifetime learning), ``(C) the amount entitled to be received for each such year, and ``(D) such other information as the Secretary may prescribe. ``(c) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xii) through (xviii) as clauses (xiii) through (xiv), respectively, and by inserting after clause (xi) the following new clause: ``(xii) section 6050U (relating to returns relating to credit for hope scholarship and lifetime learning),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by adding after subparagraph (BB) the following new subparagraph: ``(CC) section 6050U (relating to returns relating to credit for hope scholarship and lifetime learning).''. (d) Clerical Amendments.-- (1) Advance payment.--The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7528. Advance payment of credit for hope scholarship and lifetime learning.''. (2) Information reporting.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050S the following new item: ``Sec. 6050U. Returns relating to credit for hope scholarship and lifetime learning.''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to increase: (1 ) the amount of the Hope Scholarship income tax credit to 100 percent of tuition and related expenses up to $2,500, and (2) the number of years for which the credit can be claimed from two to four years. Makes such credit and the Lifetime Learning credit refundable. Directs the Secretary of the Treasury to establish a program for making advance payments of Hope Scholarship and Lifetime Learning income tax credit amounts to schools for the benefit of the taxpayer. Requires a taxpayer for whom an advance payment is made to file specified informational returns.

A bill to amend the Internal Revenue Code of 1986 to expand the Hope Scholarship and Lifetime Learning Credits.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Forest Service Partnership Enhancement Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Authority for agreements. Sec. 5. Cost sharing. Sec. 6. Funds. Sec. 7. Watershed restoration and enhancement agreements. Sec. 8. Repeal of superseded authorities. Sec. 9. Regulations. Sec. 10. Agreements otherwise authorized by law. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Forest Service, managing national forests and grasslands covering 192,000,000 acres, plays an integral role in the protection, enhancement, and conservation of the natural resources of the United States. (2) The Forest Service has a long history of successful cooperation with non-Federal entities in fulfilling all mission areas and responsibilities of the Forest Service. (3) By expanding and clarifying Forest Service authorities to work with cooperators, the Forest Service can improve the ability of the Forest Service to administer National Forest System lands by increasing local community involvement in collaborative restoration and building the capacity of rural public land communities in fulfilling the Forest Service's mission. (4) The Forest Service can benefit from maximizing use of existing authorities and establishing new authority to improve local community involvement in, and support of, fulfilling the Forest Service's mission. (5) Encouraging conservation education will increase public awareness of Forest Service programs and activities, will heighten public understanding of the need to sustain natural and cultural resources, and will promote public participation in the conservation of these resources. (6) Encouraging partnerships with public land communities will expedite the implementation of priority restoration projects on National Forest System lands. (b) Purposes.--The purposes of this Act are-- (1) to encourage agreements between the Forest Service and cooperators to promote public awareness and participation in the restoration and management of the resources and programs of the Forest Service; (2) to affirm Congress' support for agreements between the Forest Service and cooperators that further the Forest Service's mission by assisting the Forest Service in the administration of all Forest Service programs; (3) to clarify and create additional authority for the Forest Service to work with cooperators; and (4) to leverage Forest Service resources with the resources of cooperators. SEC. 3. DEFINITIONS. In this Act: (1) Cooperator.--The term ``cooperator'' means any Federal agency, State, local, or Tribal government, public or private agency, nonprofit organization, institution (including educational institution), small and local business, corporation, or other legal entity within the United States, or individual. (2) National forest system lands.--The term ``National Forest System lands'' means lands included in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Nonprofit organization.--The term ``nonprofit organization'' means any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. SEC. 4. AUTHORITY FOR AGREEMENTS. (a) In General.--Notwithstanding chapter 63 of title 31, United States Code (except as provided in subsection (c)), the Secretary may enter into-- (1) agreements with cooperators for the mutual benefit of the parties, including cost share agreements for sharing costs of activities or services otherwise authorized by law, including obtaining printing services from cooperators in connection with jointly produced publications for which the Secretary and the cooperator share the costs of printing, either by means of cash or in kind contributions; and (2) agreements with cooperators, for the mutual benefit of the parties, for-- (A) developing, producing, publishing, distributing, or selling education and interpretive materials and products; (B) developing, conducting, or selling educational and interpretive programs and services; (C) constructing, maintaining, or improving facilities not under the jurisdiction, custody, or control of the Administrator of General Services on or in the vicinity of National Forest System lands for the sale or distribution of educational and interpretive materials, products, programs, and services; (D) operating facilities (including providing the services of Forest Service employees to staff facilities) in or on any public or private building, facility, or land not under the jurisdiction, custody, or control of the Administrator of General Services for the sale or distribution of educational materials, products, programs, and services, pertaining to National Forest System lands, private lands and lands administered by other public entities; (E) selling health and safety convenience products, photography supplies, or other similar items (as determined by the Secretary) on or in the vicinity of National Forest System lands; (F) collecting funds from the sale of materials, products, programs, and services on behalf of cooperators; and (G) restoring and maintaining ecological integrity and biodiversity of National Forest System lands. (b) Terms and Conditions.--The Secretary shall require such terms and conditions as are necessary to protect the public investments, including terms related to ownership of facilities or improvements, and such additional terms and conditions as are mutually agreed to by the Secretary and the cooperator. (c) Limitation.--The Secretary may not enter into an agreement under this section where a procurement contract, grant, or cooperative agreement under chapter 63 of title 31, United States Code, would be appropriate. SEC. 5. COST SHARING. (a) Sharing of Costs.--The manner in which costs shall be shared between the Secretary and a cooperator, including acceptance of in-kind contributions, shall be provided for in the agreement entered into with the cooperator under section 4. The Secretary shall issue guidance for cost sharing with cooperators. (b) Treatment of Contributions of Volunteers.--The value of services performed by persons who volunteer their services to the Forest Service and who are recruited, trained, and supported by a cooperator under an agreement under section 4 may be considered an in- kind contribution of the cooperator for purposes of cost sharing under subsection (a) SEC. 6. FUNDS. (a) Deposit of Funds.--Except as provided in subsection (b), all monies received from a cooperator as contributions toward cooperative activities under an agreement entered into under section 4 shall be-- (1) deposited in the Forest Service Cooperative Work Trust Fund established pursuant to the penultimate paragraph under the heading ``forest service'' in the Act of June 30, 1914 (16 U.S.C. 498), or the successor of that fund; and (2) available to the Secretary, without further appropriation and until expended, to carry out the agreement. (b) Funds Collected.--Funds collected under an agreement entered into under section 4 from the sale of materials, products, programs, and services on behalf of a cooperators, as authorized by subsection (a)(2)(F) of such section, are not the property of the United States, and the Secretary shall forward such funds to the cooperator. (c) Advancement or Reimbursement of Funds.--In an agreement entered into under section 4, the Secretary may advance or reimburse funds to a cooperator from any Forest Service appropriation available for similar work without regard to the provisions of subsection (a) and (b) of section 3324 of title 31, United States Code, and may furnish or share supplies, facilities, or equipment. The Secretary may advance funds under this subsection only when the advancement represents the Secretary's share of costs of activities or services under the agreement and the cooperator is not obligated to reimburse the Secretary. SEC. 7. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS. (a) In General.--Notwithstanding chapter 63 of title 31, United States Code, to the extent funds are otherwise available, the Secretary may use appropriations for the Forest Service to enter into cooperative agreements with an eligible entity to carry out activities on National Forest System lands or non-Federal lands within a watershed for the following purposes: (1) The protection, restoration, and enhancement of resources, including fish and wildlife habitat. (2) The reduction of risk from natural disasters where public safety is threatened. (b) Terms and Conditions.-- (1) Required terms.--In order for the Secretary to enter into a watershed restoration and enhancement agreement authorized in subsection (a), the agreement shall-- (A) include such terms and conditions mutually agreed to by the Secretary and other parties to the agreement; (B) improve the viability of and otherwise benefit the fish, wildlife, and other resources on National Forest System lands within the watershed; (C) authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement; (D) provide for the sharing of costs of implementing the agreement among the parties to the agreement, as mutually agreed on by the parties; (E) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and (2) Additional terms.--The Secretary may include such additional terms and conditions in the watershed restoration and enhancement agreement as the Secretary considers necessary to protect the public investment on non-Federal land, so long as the terms and conditions are mutually agreed to by the other parties to the agreement. (c) Activities on Non-Federal Land.--Activities on non-Federal land provided for under an agreement under this section must benefit resources on National Forest System lands or non-Federal lands so as to provide a direct or indirect benefit to resources on National Forest System lands. (d) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a Federal agency; (2) a Tribal, State or local government; (3) a private individual or organization; or (4) a nonprofit organization. SEC. 8. REPEAL OF SUPERSEDED AUTHORITIES. (a) Educational Materials and Challenge Cost-Share Program.--The thirteenth paragraph under the heading ``administrative provisions, forest service'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105 Stat. 1018; 31 U.S.C. 6305 note), is repealed. (b) Watershed Restoration and Enhancement Agreements.--Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 112 Stat. 2681-290; 16 U.S.C. 1011 note). SEC. 9. REGULATIONS. The Secretary shall issue such regulations as may be necessary to accomplish the purposes of this Act. SEC. 10. AGREEMENTS OTHERWISE AUTHORIZED BY LAW. Except in the case of the provisions of law repealed by section 8, the authorities provided to the Secretary in this Act are in addition to the authorities provided in any other provision of law, and nothing in this Act shall be construed as limiting or modifying the authority of the Secretary to enter into agreements otherwise authorized by law.

Forest Service Partnership Enhancement Act of 2005 - Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, in connection with the administration of specified Forest Service activities on and near National Forest System (NFS) lands, to enter into agreements, including cost-share agreements, with cooperators for: (1) developing, producing, or selling education and interpretive materials and products; (2) developing, conducting, or selling education and interpretive programs and services; (3) constructing, maintaining, or improving facilities for the sale or distribution of educational and interpretive materials, products, programs, and services; (4) operating facilities; (5) selling health and safety convenience products; (6) collecting funds from the sale of such materials, products, programs, and services; (7) activities to restore and maintain the ecological integrity and biodiversity of NFS lands; (8) watershed restoration and enhancement activities on NFS lands, or on other lands that benefit resources on NFS land within the same watershed, for protecting, restoring, and enhancing resources, including fish and wildlife habitat, or reducing risk from natural disaster where public safety is threatened; and (9) such other cooperative activities as the Secretary considers to be appropriate. Directs the Secretary to require such terms and conditions in an agreement as are necessary to protect investments to be made by the United States, including terms related to the ownership of any facilities or improvements constructed or improved under such an agreement. Sets forth provisions concerning: (1) cost-sharing, including providing for in-kind contributions; and (2) the treatment of funds received under an agreement. Repeals certain authorities relating to: (1) cooperative arrangements for the printing of educational materials and the continuation of the Challenge Cost Share Program; and (2) Watershed Restoration and Enhancement Agreements.

To authorize the Secretary of Agriculture to enter into partnership agreements with entities and local communities to encourage greater cooperation in the administration of Forest Service activities on and near National Forest System lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriot Express Authorization Act of 2011''. SEC. 2. PATRIOT EXPRESS LOAN PROGRAM. (a) Program.-- (1) In general.--Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the following: ``(G) Patriot express loan program.-- ``(i) Definition.--In this subparagraph, the term `eligible member of the military community'-- ``(I) means-- ``(aa) a veteran, including a service-disabled veteran; ``(bb) a member of the Armed Forces on active duty who is eligible to participate in the Transition Assistance Program; ``(cc) a member of a reserve component of the Armed Forces; ``(dd) the spouse of an individual described in item (aa), (bb), or (cc) who is alive; ``(ee) the widowed spouse of a deceased veteran, member of the Armed Forces, or member of a reserve component of the Armed Forces who died because of a service-connected (as defined in section 101(16) of title 38, United States Code) disability; and ``(ff) the widowed spouse of a deceased member of the Armed Forces or member of a reserve component of the Armed Forces relating to whom the Department of Defense may provide for the recovery, care, and disposition of the remains of the individual under paragraph (1) or (2) of section 1481(a) of title 10, United States Code; and ``(II) does not include an individual who was discharged or released from the active military, naval, or air service under dishonorable conditions. ``(ii) Loan guarantees.--The Administrator shall establish a Patriot Express Loan Program, under which the Administrator may guarantee loans under this paragraph made by express lenders to eligible members of the military community. ``(iii) Loan terms.-- ``(I) In general.--Except as provided in this clause, a loan under this subparagraph shall be made on the same terms as other loans under the Express Loan Program. ``(II) Use of funds.--A loan guaranteed under this subparagraph may be used for any business purpose, including start-up or expansion costs, purchasing equipment, working capital, purchasing inventory, or purchasing business-occupied real estate. ``(III) Maximum amount.--The Administrator may guarantee a loan under this subparagraph of not more than $1,000,000. ``(IV) Guarantee rate.--The guarantee rate for a loan under this subparagraph shall be the greater of-- ``(aa) the rate otherwise applicable under paragraph (2)(A); ``(bb) 85 percent for a loan of not more than $500,000; and ``(cc) 80 percent for a loan of more than $500,000.''. (2) GAO report.-- (A) Definition.--In this paragraph, the term ``programs'' means-- (i) the Patriot Express Loan Program under section 7(a)(31)(G) of the Small Business Act, as added by paragraph (1); and (ii) the increased veteran participation pilot program under section 7(a)(33) of the Small Business Act, as in effect on the day before the date of enactment of this Act. (B) Report requirement.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the programs. (C) Contents.--The report submitted under subparagraph (B) shall include-- (i) the number of loans made under the programs; (ii) a description of the impact of the programs on members of the military community eligible to participate in the programs; (iii) an evaluation of the efficacy of the programs; (iv) an evaluation of the actual or potential fraud and abuse under the programs; and (v) recommendations for improving the Patriot Express Loan Program under section 7(a)(31)(G) of the Small Business Act, as added by paragraph (1). (b) Fee Reduction.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``With respect to'' and inserting ``Except as provided in subparagraph (C), with respect to''; and (2) by adding at the end the following: ``(C) Military community.--For an eligible member of the military community (as defined in paragraph (31)(G)(i)), the fee for a loan guaranteed under this subsection, except for a loan guaranteed under subparagraph (G) of paragraph (31), shall be equal to 75 percent of the fee otherwise applicable to the loan under subparagraph (A).''. (c) Technical and Conforming Amendments.-- (1) Small business act.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (A) by striking paragraph (33); and (B) by redesignating paragraphs (34) and (35) as paragraphs (33) and (34), respectively. (2) Small business jobs act of 2010.--Section 1133(b) of the Small Business Jobs Act of 2010 (Public Law 111-240; 124 Stat. 2515) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) by striking paragraph (33), as redesignated by section 2(c) of the Patriot Express Authorization Act of 2011; and ``(2) by redesignating paragraph (34), as redesignated by section 2(c) of the Patriot Express Authorization Act of 2011, as paragraph (33).''. SEC. 3. REDUCTION OF GOVERNMENT PRINTING COSTS. (a) Strategy and Guidelines.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of the Executive departments and independent establishments, as those terms are defined in chapter 1 of title 5, United States Code-- (1) to develop a strategy to reduce Government printing costs during the 10-year period beginning on September 1, 2011; and (2) to issue Government-wide guidelines for printing that implements the strategy developed under paragraph (1). (b) Considerations.-- (1) In general.--In developing the strategy under subsection (a)(1), the Director of the Office of Management and Budget and the heads of the Executive departments and independent establishments shall consider guidelines for-- (A) duplex and color printing; (B) the use of digital file systems by Executive departments and independent establishments; and (C) determine which Government publications might be made available on Government Web sites instead of being printed. (2) Essential printed documents.--The Director of the Office of Management and Budget shall ensure that printed versions of documents that the Director determines are essential to individuals entitled to or enrolled for benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or enrolled for benefits under part B of such title, individuals who receive old-age survivors' or disability insurance payments under title II of such Act (42 U.S.C. 401 et seq.), and other individuals with limited ability to use or access the Internet have access to printed versions of documents that the Director are available after the issuance of the guidelines under subsection (a)(2).

Patriot Express Authorization Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a Patriot Express Loan Program to guarantee loans made by express lenders to eligible members of the military community. Includes as eligible members: (1) a veteran, including a service-disabled veteran; (2) a member of the Armed Forces on active duty who is eligible to participate in the Transition Assistance Program; (3) the spouse of the above individuals; (4) the widowed spouse of a deceased veteran or member who died due to a service-connected disability; and (5) the widowed spouse of a deceased member to whom the Department of Defense (DOD) may provide for the recovery, care, and disposition of the remains of an individual who died while on active duty or during inactive-duty training. Allows such loans to be used for any business purpose. Limits: (1) individual loans to $1 million, and (2) the loan fee charged to 75% of that charged for SBA general small business loans. Requires the Director of the Office of Management and Budget (OMB) to coordinate with the heads of executive departments and independent establishments to: (1) develop a strategy to reduce government printing costs during the 10-year period beginning on September 1, 2011; and (2) issue government-wide guidelines for printing that implements the strategy.

A bill to establish the Patriot Express Loan Program under which the Small Business Administration may make loans to members of the military community wanting to start or expand small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Detainee Treatment Act of 2007''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on Detainee Treatment'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The Commission shall conduct a comprehensive review of matters relating to the capture, custody, judicial proceedings, and repatriation of suspected unlawful enemy combatants with the objective of developing a comprehensive report for purposes of section 7. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members, to be appointed as follows: (1) 2 members appointed by the majority leader of the Senate. (2) 2 members appointed by the minority leader of the Senate. (3) 2 members appointed by the Speaker of the House of Representatives. (4) 2 members appointed by the minority leader of the House of Representatives. (b) Prohibited Appointments.--No member of the Commission shall be a Member of Congress or other elected Federal, State, or local government official. (c) Period of Appointment.--Each member shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall not affect the power and duties of the Commission but shall be filled in the manner in which the original appointment was made. (e) Deadline for Appointments.--Members of the Commission shall be appointed by not later than 30 days after the date of enactment of this Act. (f) 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 7. (g) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons from among its members. (h) Compensation.--Members of the Commission shall serve without pay. (i) 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. SEC. 5. ADMINISTRATION. (a) Quorum.--5 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (b) 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. (c) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (d) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place in the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 6. DIRECTOR AND STAFF OF COMMISSION. (a) Executive Director.--The Commission shall have an Executive Director, who shall be appointed by the Co-Chairpersons of the Commission. To the extent or in the amounts provided in advance in appropriations Acts, 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. (b) Staff.--With the approval of the Commission, the Executive Director may appoint and fix the pay of such additional personnel as the Executive Director determines to be appropriate. (c) 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. (d) 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. (e) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Co- Chairpersons, the head of that department or agency shall furnish that information to the Commission. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) 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, 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. REPORT. (a) Report.--Not later than one year after the date on which the 2 Co-Chairpersons are selected, the Commission shall prepare and submit to Congress and the President a final report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission. The appropriate Committees of Congress shall hold hearings on the report. (b) Public Availability.--The report submitted under this subsection shall be made available to the public. SEC. 8. 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 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,500,000 for fiscal year 2008 to carry out this Act. Such sums shall remain available until expended.

National Commission on Detainee Treatment Act of 2007 - Establishes the National Commission on Detainee Treatment to: (1) conduct a comprehensive review of matters relating to the capture, custody, judicial proceedings, and repatriation of suspected unlawful enemy combatants; and (2) prepare and submit to Congress and the President a final report on Commission recommendations, findings, and conclusions.

To establish the National Commission on Detainee Treatment.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Nutraceutical Research and Education Act''. (b) Reference.--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 Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--The Congress finds the following: (1) Consumers spend annually an estimated $12,000,000,000 on dietary supplements and billions more on medical and similar foods. Nevertheless, the health benefits of these products have not, in most cases, been demonstrated by clinical testing or other means. In consequence, specific health claims may not be advanced for them. Consumers are thus left uncertain as to the value of these products in promoting health and well-being, and preventing or reducing the risk of disease, including the management of a disease or condition. The companies that produce these products desire to provide them to consumers with specific health claims based on clinical testing. The Federal Government demands sound scientific evidence of safety and effectiveness in order to fulfill its statutory mandate to protect and promote the public health. (2) Because dietary supplements and similar foods are natural products widely available without a strong proprietary position, a person who now finances the cost of research successfully demonstrating the health benefits of such a product receives no special economic benefit in the marketplace to repay that cost. Others, who have not contributed to those research costs, may nevertheless embrace the findings of that research to support identical claims for their own versions of the product. Without economic incentive to research and develop new products, those who would finance the cost of research are presently focusing their efforts on promotional activities to the disservice of the public interest and health. (3) It is in the national interest to encourage clinical research into the health benefits of dietary supplements, medical foods, and other foods. (4) Current regulatory and epistemological chaos exists with regard to health claims for foods, dietary supplement, and medical foods. It is in the national interest to provide a category of products that have recognized health benefits but are not drugs and to recognize that these products are safe when used as indicated on their labeling. (5) It is necessary to promote research into the health benefits of dietary supplements, medical foods, and other foods and to require that these health benefits be established by the results of clinical studies. (6) It is necessary to establish a regulatory system within the Food and Drug Administration for reviewing health claims of health benefits of such products which is less burdensome than the traditional regulatory scheme for drugs and to stimulate the industry to devote resources to proving the health claims anticipated under this Act since such claims relate to the possibility of preventing or reducing the risk of disease, including the management of a disease or health condition. (7) It is necessary to update the present regulatory scheme to reflect the fact that such products can safely prevent disease and health conditions, manage or improve health, or reduce the risk of disease. (b) Statement of Purpose.--It is the purpose of this Act to-- (1) promote research into the health benefits of dietary supplements, medical foods, and other foods; (2) establish a simplified process within the Food and Drug Administration for reviewing, on a case by case method, health claims of health benefits of such nutraceutical products made under a petition under section 403(r)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(3)); (3) prescribe a period of exclusive marketing protection for a person that demonstrates the health benefits of a dietary supplement, medical food, or other food, and who markets such product in association with approved labeling that describes its contribution to human health; and (4) confirm the health benefits of these products as determined by clinical trials, and disseminate this information to the public and the health care profession, so that the public and the health care profession may integrate this knowledge into practice. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C 321) is amended by adding at the end the following: ``(kk) The term `nutraceutical' means a dietary supplement, food, or medical food, as respectively defined in paragraphs (f) and (ff) and section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)), that-- ``(1) possesses health benefits; and ``(2) is safe for human consumption in such quantity, and with such frequency, as required to realize such properties. ``(ll) The term `health benefit', when used with reference to a nutraceutical, means a benefit which prevents or reduces the risk of a disease or health condition, including the management of a disease or health condition or the improvement of health. SEC. 4. HEALTH CLAIMS. (a) Nutraceutical Health Claim.--Section 403(r)(5)(D) (21 U.S.C. 343(r)(5)(D)) is amended by inserting before the period the following: ``except that in the case of a claim made with respect to a nutraceutical, the regulation shall be issued by the Secretary under subparagraph (4)(D)''. (b) Petition.--Section 403(r)(4) (21 U.S.C. 343(r)(4)) is amended by adding at the end the following: ``(D)(i) Any person may file a petition with the Secretary to issue a regulation relating to a claim for a nutraceutical described in subparagraph (5)(D). ``(ii) A petition filed under subclause (i) shall be prepared in such form, and submitted in such manner, as the Secretary may prescribe, and, with respect to the product sought to be introduced as a nutraceutical, shall contain the following: ``(I) A report of at least 1 clinical trial which has been conducted on the product which is the subject of the petition. Such clinical trial results shall address the potential health benefits of the product and its safety. The results of the clinical trial must demonstrate and characterize the beneficial relationship or the significance of the relationship of the nutraceutical in such product to a disease or its affects on a health related condition, health problem, or health status. The clinical trial must have a sufficient size to prove the benefits and may have as its endpoints either surrogate markers or clinical endpoints to support the claim. The application may also include epidemiological or preclinical studies in support of the clinical trial. The amount of evidence necessary to sustain a claim will be determined by the Secretary on a case by case basis. ``(II) Evidence that it is safe for human consumption in such quantity, and with such frequency, as required to provide the health benefits. ``(III) A complete description, in the case of a processed product, as to its ingredients or chemical composition. ``(IV) Information adequate to enable the Secretary to determine, where pertinent, that the methods used in, and the facilities and controls used for, processing and packing the product are sufficient to preserve its identity, strength, quality, and purity. ``(V) Such samples of the product as the Secretary may require. ``(VI) A specimen of the labeling proposed to be used with the product, when introduced or delivered for introduction into commerce as a nutraceutical, that accurately and completely describes its health benefits under its stated conditions of use. ``(iii) Within 7 days of the receipt of a petition, the Secretary shall cause it to be published in the Federal Register to provide notice to the public that the petition has been filed. Such notice shall contain the name of the petitioner, date and time of filing, a summary and description of the proposed product, and the nature of the proposed health claim. ``(iv) When a petition is filed for a nutraceutical claim under subparagraph (5)(D), no other petition for a product which is the same as or similar to the product for which a petition has been filed and no other petition for a claim which is the same or similar to the claim for which a petition has been filed may be filed until final action has been taken on the first petition. ``(v) A person who files a petition for a claim for a nutraceutical claim under subparagraph (5)(D) may apply to the Secretary to amend the petition when the amendment is required by a change in the product due to new and unexpected findings in research on the product or the disease or condition for which the product is being proposed. ``(vi) The Secretary shall refer any petition filed for a nutraceutical claim under subclause (i) to the Advisory Council on Nutraceuticals established under section 7 of the Nutraceutical Research and Education Act. ``(vii) The Secretary shall take final action on a petition which-- ``(I) was filed under subclause (i), and ``(II) was determined by such Advisory Council on Nutraceuticals to be worthy of review, not later than 6 months after the date the petition is filed.''. SEC. 5. MARKET PROTECTION FOR NUTRACEUTICAL. (a) In General.--Section 403(r) is amended by adding at the end the following: ``(8) If the Secretary issues a regulation in response to a petition filed under subparagraph (4) relating to a claim for a nutraceutical described in subparagraph (5)(D), the Secretary may not issue another regulation for an essentially identical nutraceutical claim during the 10-year period that begins on the date that the Secretary approved the original petition, except that-- ``(A) if a petition is submitted for an essentially identical nutraceutical claim for a nutraceutical the intended use of which provides greater effectiveness, greater safety, or otherwise a major contribution to patient care, the Secretary may issue a regulation under subparagraph (4)(D) for such claim; or ``(B) if a petition is subsequently revoked, another petition may be submitted to the Secretary for an essentially identical nutraceutical claim.''. (b) Misbranding.--Section 402 (21 U.S.C. 342) is amended by adding at the end the following: ``(h) If it is a nutraceutical and it has not had a petition approved under section 403(r)(4)(D).''. SEC. 6. GOOD MANUFACTURING PRACTICES. Section 402(g) (21 U.S.C 342(g)) is amended by-- (1) inserting ``, including a nutraceutical'' after ``dietary supplement'' in subparagraph (1); and (2) inserting ``, including nutraceuticals'' after ``dietary supplements'' in subparagraph (2). SEC. 7. ADVISORY COUNCIL ON NUTRACEUTICALS. (a) Establishment.--There is established within the Food and Drug Administration an advisory council to be known as the ``Advisory Council on Nutraceuticals''. (b) Duties.--The Advisory Council shall evaluate the merit of each petition filed for a nutraceutical health claim under section 403(r)(4)(D) of the Federal Food, Drug, and Cosmetic Act, including the proposed labeling of the product that is the subject of the petition, and submit its evaluation to the Secretary. The evaluation of the Advisory Council shall determine if a petition is worthy of review by the Food and Drug Administration and whether it conflicts with any other petition. (c) Membership.-- (1) In general.--The Advisory Council shall consist of ex officio members and not more than 6 additional members appointed by the Secretary. The ex officio members shall be nonvoting members. (2) Ex officio members.--The ex officio members of the Advisory Council shall be the Secretary, the Director of the National Institutes of Health (hereinafter in this Act referred to as the ``Director of NIH''), and such additional officers or employees of the United States as the Secretary determines necessary for the Advisory Council to carry out its functions. (3) Other members.--The members of the Advisory Council who are not ex officio members shall be appointed by the Secretary from among individuals distinguished in the fields of health, nutrition, or biomedical research. (d) Compensation.--Members of the Advisory Council who are officers or employees of the United States shall serve on the Advisory Council as part of their official duties, and shall not receive additional compensation therefor. Other members of the Advisory Council shall receive, for each day (including traveltime) they are engaged in the performance of Advisory Council functions, compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade ES-1 (5 U.S.C. 5382). Such other members, when performing Advisory Council functions (including travel to and from Advisory Council meetings), shall be entitled to travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (e) Term.--The term of office of an appointed member of the Advisory Council is 4 years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to the Advisory Council in such a manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term for 180 days after the date of such expiration. A member who has been appointed for a term of 4 years may not be reappointed to the Advisory Council before 2 years from the date of expiration of such term of office. If a vacancy occurs in the Advisory Council among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. (f) Chair.--The Secretary shall select the chair of the Advisory Council from among the appointed members. The term of office of the chair shall be 2 years. (g) Meetings and Procedures.--The Advisory Council shall meet at the call of the chair, or at the direction of the Director of the National Institutes of Health, but with sufficient frequency to ensure prompt evaluation of every nutraceutical petition referred to it by the Secretary. The Advisory Council shall adopt rules governing its procedures. (h) Federal Advisory Committee Act.--Meetings and proceedings of the Advisory Council shall not be subject to the Federal Advisory Committee Act (5 U.S.C. Appendix). SEC. 8. NUTRACEUTICAL INDEX. The Secretary shall maintain, and periodically publish in the Federal Register, an index that shall list-- (1) the name and description of each nutraceutical for which there is an approved petition, the name and address of the applicant, and the date upon which the Secretary approved the petition; and (2) each petition pending with the Secretary, the date upon which it was filed with the Secretary, the name and address of the applicant, and a description of the nutraceutical and the claim made for the nutraceutical that is the subject of that petition. SEC. 10. SMALL BUSINESS ANTITRUST EXEMPTION. (a) Exemption.--It shall not be unlawful under the antitrust laws for 2 or more small businesses to agree to combine their resources to meet the requirements of section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(r)) for claims of health benefits of a nutraceutical. (b) Definitions.-- (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition. (2) Nutraceutical.--The term ``nutraceutical'' has the meaning given such term in section 201(k)(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)(k)). (3) Small business.--The term ``small business'' has the meaning given such term in section 736(d)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(d)(3)(A)). SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 90 days after the date of its enactment.

(Sec. 4) Allows any person to petition the Secretary of Health and Human Services to issue a regulation regarding a nutraceutical claim. Requires that the petition contain specified information, including a report of at least one clinical trial and evidence that the nutraceutical is safe. (Sec. 5) Prohibits the Secretary, if the Secretary issues a regulation in response to a petition, from issuing another regulation for an essentially identical nutraceutical claim for ten years, unless: (1) the new petition involves a use that provides greater effectiveness, greater safety, or otherwise a major contribution to patient care; or (2) the first petition is subsequently revoked. Deems a food adulterated if it is a nutraceutical and it: (1) has not had a petition approved; or (2) has been prepared, packed, or held under conditions that do not meet good manufacturing practice regulations. Authorizes the Secretary to issue such regulations. (Sec. 7) Establishes in the Food and Drug Administration (FDA) the Advisory Council on Nutraceuticals to evaluate whether a petition is worthy of review by the FDA and whether the petition conflicts with any other petition. Exempts the Council from the Federal Advisory Committee Act. (Sec. 8) Directs the Secretary to maintain and periodically publish an index, with specified contents, listing: (1) each nutraceutical having an approved petition; and (2) each pending petition. (Sec. 10 (sic)) Makes it not unlawful under the antitrust laws for two or more small businesses to agree to combine their resources to meet FDCA requirements for claims of nutraceutical health benefits. Defines: (1) "antitrust laws" as it is defined in specified provisions of the Clayton Act plus specified provisions of the Federal Trade Commission Act as those provisions apply to unfair methods of competition; and (2) "small businesses" as entities that have fewer than 500 employees, including employees of affiliates.

Nutraceutical Research and Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair SHARE Act of 2016'' or the ``Fair Salary History Alternatives for Responsible Employment Act of 2016''. SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO SALARY HISTORY OF APPLICANTS. (a) In General.--Except as provided in subsection (b), it shall be an unlawful employment practice for any employer to make inquiries of an applicant for employment or otherwise seek information about such an applicant (including through the use of any form or application) relating to such applicant's salary history. (b) Exception.--Notwithstanding subsection (a), an employer may make inquiries of an applicant or otherwise seek information about the applicant relating to the applicant's salary history in a case in which the employer has made an offer of employment, including the compensation amount, to the applicant and the applicant volunteers such information and provides written authorization to the employer authorizing the employer to verify such information. SEC. 3. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Commission shall issue rules relating to the exception under section 2(b). SEC. 4. ENFORCEMENT. (a) Employees Covered by Title VII of the Civil Rights Act of 1964.-- (1) In general.--The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(3)(A), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b) Employees Covered by Congressional Accountability Act of 1995.-- (1) In general.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 5(3)(B), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4) Other applicable provisions.--With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c) Employees Covered by Chapter 5 of Title 3, United States Code.-- (1) In general.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(3)(C), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d) Employees Covered by Government Employee Rights Act of 1991.-- (1) In general.--The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e) Employees Covered by Section 717 of the Civil Rights Act of 1964.-- (1) In general.--The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 5(3)(E), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission; (2) the term ``employer''-- (A) has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); and (B) includes-- (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); and (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 16(a)) applies; (3) the term ``employee'' means-- (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies; and (4) the term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). SEC. 6. EFFECTIVE DATE. This Act shall take effect beginning 1 year after the date of the enactment of this Act.

Fair SHARE Act of 2016 or the Fair Salary History Alternatives for Responsible Employment Act of 2016 This bill makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's salary history. An exception is established authorizing an employer to seek such information in a case in which the employer has made an offer of employment, including the compensation amount, to the applicant and the applicant volunteers such information and provides written authorization to the employer authorizing the employer to verify such information The Equal Employment Opportunity Commission shall issue rules relating to such exception. Enforcement procedures and remedies are set forth under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

Fair Salary History Alternatives for Responsible Employment Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crowdfunding Amendments Act''. SEC. 2. CROWDFUNDING VEHICLES. (a) Amendments to the Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended-- (1) in section 2(a) (15 U.S.C. 77b(a)), by adding at the end the following: ``(20) The term `crowdfunding vehicle' has the meaning given the term in section 3(c)(15)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(15)(B)).''; (2) in section 4(a)(6) (15 U.S.C. 77d(a)(6))-- (A) in subparagraph (A)-- (i) by inserting ``, other than a crowdfunding vehicle,'' after ``sold to all investors''; and (ii) by inserting ``other than a crowdfunding vehicle,'' after ``the issuer,''; and (B) in subparagraph (B), in the matter preceding clause (i), by inserting ``, other than a crowdfunding vehicle,'' after ``any investor''; and (3) in section 4A(f) (15 U.S.C. 77d-1(f))-- (A) in the matter preceding paragraph (1), by striking ``Section 4(6)'' and inserting ``Section 4(a)(6)''; and (B) in paragraph (3), by inserting ``by any of paragraphs (1) through (14) of'' before ``section 3(c)''. (b) Amendments to the Investment Company Act of 1940.--Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended by adding at the end the following: ``(15)(A) Any crowdfunding vehicle. ``(B) For purposes of this paragraph, the term `crowdfunding vehicle' means a company-- ``(i) the purpose of which (as set forth in the organizational documents of the company) is limited to acquiring, holding, and disposing of securities issued by a single company in one or more transactions made under section 4(a)(6) of the Securities Act of 1933 (15 U.S.C. 77d(a)(6)); ``(ii) that issues only 1 class of securities; ``(iii) that receives no compensation in connection with the acquisition, holding, or disposition of securities described in clause (i); ``(iv) no investment adviser or associated person of which receives any compensation on the basis of a share of capital gains upon, or capital appreciation of, any portion of the funds of an investor of the company; ``(v) the securities of which have been issued in a transaction made under section 4(a)(6) of the Securities Act of 1933 (15 U.S.C. 77d(a)(6)), where both the crowdfunding vehicle and the company whose securities the crowdfunding vehicle holds are co- issuers; ``(vi) that is current with respect to ongoing reporting requirements under section 227.202 of title 17, Code of Federal Regulations, or any successor regulation; ``(vii) that holds securities of a company that is subject to ongoing reporting requirements under section 227.202 of title 17, Code of Federal Regulations, or any successor regulation; and ``(viii) that is advised by an investment adviser that is-- ``(I) registered under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.); and ``(II) required to-- ``(aa) disclose to the investors of the company any fees charged by the investment adviser; and ``(bb) obtain approval from a majority of the investors of the company with respect to any increase in the fees described in item (aa).''. (c) Amendments to the Investment Advisers Act of 1940.--The Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended-- (1) in section 202(a) (15 U.S.C. 80b-2(a))-- (A) by redesignating the second paragraph (29) as paragraph (31); and (B) by adding at the end the following: ``(32) The term `crowdfunding vehicle' has the meaning given the term in section 3(c)(15)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(15)(B)). ``(33)(A) The term `crowdfunding vehicle adviser' means an investment adviser that acts as an investment adviser solely with respect to crowdfunding vehicles. ``(B) A determination, for the purposes of subparagraph (A), regarding whether an investment adviser acts as an investment adviser solely with respect to crowdfunding vehicles shall not include any consideration of the activity of any affiliate of the investment adviser.''; (2) in section 203 (15 U.S.C. 80b-3), by adding at the end the following: ``(o) Crowdfunding Vehicle Advisers.-- ``(1) In general.--A crowdfunding vehicle adviser shall be required to register under this section. ``(2) Tailored requirements.--As necessary or appropriate in the public interest and for the protection of investors, and to promote efficiency, competition, and capital formation, the Commission may tailor the requirements under section 275.206(4)-2 of title 17, Code of Federal Regulations, with respect to the application of those requirements to a crowdfunding vehicle adviser.''; and (3) in section 203A(a) (15 U.S.C. 80b-3a(a))-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) is a crowdfunding vehicle adviser.''; and (B) in paragraph (2)-- (i) in subparagraph (A), by inserting ``a crowdfunding vehicle adviser,'' after ``unless the investment adviser is''; and (ii) in subparagraph (B)(ii), in the matter preceding subclause (I), by inserting ``except with respect to a crowdfunding vehicle adviser,'' before ``has assets''. SEC. 3. CROWDFUNDING EXEMPTION FROM REGISTRATION. Section 12(g)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)(6)) is amended-- (1) by striking ``The Commission'' and inserting the following: ``(A) In general.--The Commission''; (2) in subparagraph (A), as so designated, by striking ``section 4(6)'' and inserting ``section 4(a)(6)''; and (3) by adding at the end the following: ``(B) Treatment of securities issued by certain issuers.-- ``(i) In general.--An exemption under subparagraph (A) shall be unconditional for securities offered by an issuer that had a public float of less than $75,000,000, as of the last business day of the most recently completed semiannual period of the issuer, which shall be calculated in accordance with clause (ii). ``(ii) Calculation.-- ``(I) In general.--A public float described in clause (i) shall be calculated by multiplying the aggregate worldwide number of shares of the common equity securities of an issuer that are held by non-affiliates by the price at which those securities were last sold (or the average bid and asked prices of those securities) in the principal market for those securities. ``(II) Calculation of zero.--If a public float calculation under subclause (I) with respect to an issuer is zero, an exemption under subparagraph (A) shall be unconditional for securities offered by the issuer if the issuer had annual revenues of less than $50,000,000, as of the most recently completed fiscal year of the issuer.''.

Crowdfunding Amendments Act This bill amends the Securities Act of 1933 to allow a crowdfunding issuer to sell shares through a crowdfunding vehicle. (Crowdfunding is a method of capital formation in which groups of people pool money to invest in a company or to support an effort to accomplish a specific goal.) A "crowdfunding vehicle" is defined as a company that: has purposes limited to acquiring, holding, and disposing only one class of crowdfunding securities issued by a single company; receives no compensation for doing so; and meets other specified requirements, including those related to reporting obligations and the use of investment advisers. The bill amends the Investment Advisers Act of 1940 to provide for the registration of crowdfunding vehicle advisers. The bill amends the Securities Exchange Act of 1934 to revise the conditions upon which the Securities and Exchange Commission (SEC) shall exempt securities issued in crowdfunding transactions from registration requirements. Under current law, holders of crowdfunded shares do not count toward the shareholder threshold beyond which an issuer is required to register its securities with the SEC, provided that the issuer: (1) is current in its annual reporting obligations, (2) retains the services of a registered transfer agent, and (3) has less than $25 million in assets. The bill maintains this exemption but alters the conditions upon which it applies. Specifically, holders of crowdfunded shares shall not count toward the shareholder threshold if the issuer has: (1) a public float of less than $75 million, or (2) a public float of $0 and annual revenues of less than $50 million.

Crowdfunding Amendments Act

SECTION 1. SCHOOL RESOURCE AND SAFETY OFFICER GRANT PROGRAM. Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a et seq.) is amended-- (1) by striking the heading and inserting ``school security grants''; (2) by inserting before section 2701 the following: ``Subpart 1--Matching Grant Program for School Security''; (3) in sections 2701 through 2705, by striking ``part'' each place that term appears and inserting ``subpart''; and (4) by adding at the end the following: ``Subpart 2--School Resource and Safety Officer Grant Program ``SEC. 2711. DEFINITIONS. ``In this subpart-- ``(1) the term `career law enforcement officer' has the meaning given the term in section 1709; ``(2) the term `Director' means the Director of the Office of Community Oriented Policing Services; ``(3) the term `Indian tribe' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(4) the term `school' means a public elementary or secondary school; ``(5) the term `school resource and safety officer' means a career law enforcement officer, with sworn authority, deployed in community oriented policing, and assigned by the employing police department or agency to protect schools, who works in and around schools for not less than 75 percent of the time that the officer is on duty (measured weekly, monthly, or annually); and ``(6) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 2712. PROGRAM AUTHORIZED. ``(a) In General.--The Director is authorized to make grants to units of local government and Indian tribes to provide for school resource and safety officers at schools. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to a unit of local government or Indian tribe; and ``(2) used to improve security at schools and on school grounds in the jurisdiction of the recipient by hiring and training career law enforcement officers for deployment in schools as school resource and safety officers. ``(c) Maximum Amount Per Officer or Training Program.-- ``(1) In general.--Except as provided in paragraph (2), the amount of a grant may not exceed $200,000 for each-- ``(A) school resource and safety officer proposed to be hired; or ``(B) training program proposed to be funded. ``(2) Waiver.--The Director may issue a waiver of the requirement under paragraph (1) for a recipient of a grant under this subpart. ``(d) Duration.-- ``(1) In general.--The Director may make available funds under a grant under this subpart during a period of not more than 3 fiscal years. ``(2) Renewal.--Notwithstanding paragraph (1), the Director may continue to make available additional funds to a recipient after all funds under the original grant have been made available if the Director determines that-- ``(A) the funds made available to the recipient were used in a manner required under an approved application; and ``(B) the recipient demonstrates significant financial need. ``(e) Limitation on Use of Funds.-- ``(1) Nonsupplanting.--Funds made available under this subpart to a unit of local government shall not be used to supplant funds of the unit of local government, or, in the case of an Indian tribe, funds supplied by the Bureau of Indian Affairs, and shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subpart, be made available from the unit of local government, or in the case of an Indian tribe, from funds supplied by the Bureau of Indian Affairs. ``(2) Administrative costs.--The Director may reserve not more than 2 percent from amounts appropriated to carry out this subpart for administrative costs. ``(f) Training.-- ``(1) Establishment of guidelines.--The Director shall establish guidelines for programs that train school resource and safety officers. ``(2) Specific requirements.--In establishing guidelines under paragraph (1), the Director shall ensure that the guidelines address how to-- ``(A) distinguish between-- ``(i) minor disciplinary infractions better dealt with by school officials; and ``(ii) major security problems that require law enforcement involvement; and ``(B) utilize alternatives to law enforcement involvement in school disciplinary measures. ``(g) Equitable Distribution.--In awarding grants under this subpart, the Director shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``SEC. 2713. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a unit of local government or Indian tribe shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(b) Contents of Applications.--Each application under this section shall-- ``(1) include a detailed explanation of-- ``(A) the intended uses of funds made available under a grant; and ``(B) how the activities funded under a grant will prevent school violence and improve student and school safety; ``(2) describe the ability of the applicant to prevent school violence and improve student and school safety without Federal assistance; and ``(3) include a memorandum of understanding between the law enforcement agency supplying the school resource and safety officer and the grant recipient that describes the disciplinary actions that are the exclusive responsibilities of school staff and faculty. ``(c) Guidelines.--Not later than 90 days after the date of enactment of this subpart, the Director shall promulgate guidelines to implement this section. ``SEC. 2714. REPORTS. ``(a) Director Report.--Not later than November 30 of each year, the Director shall submit to Congress a report relating to the activities carried out under this subpart that includes, for the preceding fiscal year-- ``(1) the number of grants funded under this subpart; ``(2) the amount of funds made available under the grants described in paragraph (1); and ``(3) the number of school resource and safety officers that the funds described in paragraph (2) supported. ``(b) Grant Recipient Report.--For each year during which a recipient receives funds under this subpart, the recipient shall, at a date determined by the Director, submit to the Director a report relating to the activities carried out by the recipient that includes information, as determined by the Director, relating to the use of funds. ``SEC. 2715. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as are necessary for each of fiscal years 2014 through 2023.''.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Office of Community Oriented Policing Services to make grants to local governments and Indian tribes to provide for school resource and safety officers at schools. Defines a "school resource and safety officer" as a career law enforcement officer who is assigned by the employing police department to protect schools and who works in and around schools for not less than 75% of the time the officer is on duty. Requires the Director to: (1) establish guidelines for programs that train school resource and safety officers, and (2) ensure an equitable geographic distribution of grants among regions of the United States and among urban, suburban, and rural areas. Limits grants to: (1) $200,000 for each officer proposed to be hired or each training program proposed to be funded, subject to a waiver; and (2) three fiscal years. Authorizes the Director to make available additional funds if the funds were used in the manner required and the recipient demonstrates significant financial need.

A bill to safeguard America's schools by using community policing strategies to prevent school violence and improve student and school safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Education Capital Investment Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the high technology industry is one of the fastest growing areas in the United States economy; (2) the United States is a world leader in the high technology industries, and especially in the information technology industry; (3) the continued growth and prosperity of the high technology industry is important to the continued prosperity of the United States economy; (4) an adequate supply of highly-skilled technology workers is essential for the success of advanced technologies and business entities that use information technology; (5) as of the date of enactment of this Act, there is a shortage of information technology workers and workers in other high technology industries; and (6) in the absence of a concerted effort by business entities, the Federal Government, the governments of States and political subdivisions thereof, and educational institutions, the shortage of information technology workers will continue to be a problem. SEC. 3. NATIONAL SCIENCE FOUNDATION EDUCATION PROGRAMS. (a) Informal Science Programs.--(1) There are authorized to be appropriated to the Director of the National Science Foundation to conduct informal science and math education programs $50,000,000 for each of fiscal years 1999 and 2000. (2)(A) The National Science Foundation shall expand the informal science and math education programs conducted by the Foundation that promote the understanding of science and technology through voluntary, self-directed, and life-long learning opportunities by fostering community-based and institutional math and science education programs. In expanding such programs, the Director may give priority to providing for organizations, projects, or programs that provide inquiry-based and hands-on scientific learning opportunities for students at pre- kindergarten through secondary education levels. (B) Of the amount appropriated in paragraph (1), there are authorized to be appropriated to the Director of the National Science Foundation to carry out subparagraph (A) $14,000,000 for each of fiscal years 1999 and 2000. (b) Expansion of National Advanced Scientific and Technical Education Program.--There are authorized to be appropriated to the Director of the National Science Foundation to carry out the national advanced scientific and technical education program under section 3(a) of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(a))-- (1) $50,000,000 for fiscal year 1999; and (2) $60,000,000 for fiscal year 2000. SEC. 4. TECHNOLOGY EDUCATION STATE STIMULUS SCHOLARSHIP PROGRAM. (a) In General.--The Secretary of Education may make grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, math, engineering, or a related field. Such scholarships may be awarded by a State entity such as the State higher education system, the State scholarship commission, or an equivalent State entity. (b) Eligibility.--(1) A scholarship awarded under subsection (a) may be applied to any technology-related degree program offered at an accredited institution of higher learning, including a college, university, community college, or vocational-training institution. (2) A scholarship awarded under subsection (a) may not, when combined with other sources of financial assistance, exceed the cost of tuition and related expenses of the qualified degree program of the recipient. (c) Matching Requirement.--The Secretary of Education may not make a grant to a State under subsection (a) unless such State provides not less than one-half of the cost of the program for which the grant is provided from State funds. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Education a total of $50,000,000 for grants under this subsection. SEC. 5. HANDS-ON STUDENT TRAINING (H.O.S.T.) PARTNERSHIP GRANTS. (a) In General.--The Secretary of Commerce may make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. (b) Priorities.--Special emphasis shall be given under this section to those programs that-- (1) demonstrate a long-term financial commitment from industry participants for initiation and long-term operation of the program; (2) involve extensive input and participation by all industry participants; (3) adequately financially compensate student participants; and (4) encourage technology education. (c) Restrictions.--(1) Not more than one grant may be awarded to an entity under subsection (a). (2) Awards under subsection (a) may be applied to expenses related to the creation of the programs described in that subsection, including the recruitment of businesses or organizations to participate in such programs. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce a total of $2,000,000 for grants under this subsection. SEC. 6. PERMANENT EXTENSION OF EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE; RESTORATION OF EXCLUSION FOR GRADUATE LEVEL ASSISTANCE. (a) Exclusion Made Permanent.-- (1) In general.--Section 127 of the Internal Revenue Code of 1986 (relating to educational assistance programs) is amended by striking subsection (d). (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after May 31, 1998. (b) Restoration of Exclusion for Graduate Level Assistance.-- (1) In general.--The last sentence of section 127(c)(1) of such Code is amended by striking all that follows ``hobbies'' and inserting a period. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to expenses relating to courses beginning after the date of the enactment of this Act. SEC. 7. TECHNOLOGY WORKFORCE COMMISSION. (a) Definitions.--In this Act: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Commission.--The term ``Commission'' means the Technology Workforce Commission established under subsection (b). (3) Information technology.--The term ``information technology'' has the meaning given that term in section 5002 of the Information Technology Management Reform Act of 1996 (110 Stat. 679). (4) State.--The term ``State'' means each of the several States of the United States, the territories of the United States, and the District of Columbia. (b) Establishment of Technology Workforce Commission.-- (1) In general.--There is established a commission to be known as the Technology Workforce Commission. (2) Membership.-- (A) Composition.--(i) The Commission shall be composed of 21 members to be appointed as follows: (I) Seven members shall be appointed by the President, and shall be individuals who are officers or employees of the Federal Government. (II) Four members shall be appointed by the Speaker of the House of Representatives, of whom one shall be a Member of Congress. (III) Three members shall be appointed by the minority leader of the House, of whom one shall be a Member of Congress. (IV) Four members shall be appointed by the majority leader of the Senate, of whom one shall be a Member of Congress. (V) Three members shall be appointed by the minority leader of the Senate, of whom one shall be a Member of Congress. (ii) Of the members appointed under clauses (i)(II) through (i)(V)-- (I) Seven shall be individuals employed in high technology business entities; and (II) Three shall be representatives of State governments. (B) Date.--The appointments of the members of the Commission shall be made by the date that is 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Commission shall select a chairperson and vice chairperson from among its members. (c) Duties of Commission.-- (1) Study.-- (A) In general.--The Commission shall conduct a thorough study of all matters relating to the shortage of technology workers in the United States. (B) Matters studied.--The matters studied by the Commission shall include an examination of-- (i) the causes of the shortage of technology workers in the United States; (ii) possible solutions to address the shortage referred to in clause (i); and (iii) the relative efficacy of programs in the United States and foreign countries to provide for an increase in the number of technology workers, with special emphasis on programs that provide for secondary education or postsecondary education in a program other than a 4-year baccalaureate program (including associate degree programs and graduate degree programs). (C) Public hearings.--As part of the study conducted under this subsection, the Commission shall hold public hearings concerning the issues referred to in clauses (i) and (ii) of subparagraph (B). (D) Existing information.--To the extent practicable, in carrying out the study under this subsection, the Commission shall identify and use existing information related to the issues referred to in clauses (i) and (ii) of subparagraph (B). (E) Consultation with chief information officers council.--In carrying out the study under this subsection, the Commission shall consult with the Chief Information Officers Council established under Executive Order No. 13011. (2) Report.--Not later than one year after the initial meeting of the Commission, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (3) Facilitation of exchange of information.--In carrying out the study under this subsection, the Commission shall, to the extent practicable, facilitate the exchange of information concerning the issues that are the subject of the study among-- (A) officials of the Federal Government and the governments of States and political subdivisions thereof; and (B) educators from Federal, State, and local institutions of higher education and secondary schools. (d) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Commission Personnel Matters.-- (1) Compensation of members.--Except as provided in paragraph (2), each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Termination of Commission.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under this subsection. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $750,000 for fiscal year 1999 to the Commission to carry out the purposes of this Act. (2) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Technology Education Capital Investment Act of 1997 - Authorizes appropriations to the Director of the National Science Foundation (NSF) to conduct informal science and mathematics education programs. Requires the NSF to expand such programs. Sets forth priorities for such programs serving students at pre-kindergarten through secondary education levels. (Sec. 3) Authorizes appropriations to the NSF Director to carry out the national advanced scientific and technical education program under the Scientific and Advanced-Technology Act of 1992. (Sec. 4) Establishes a technology education State stimulus scholarship program. Authorizes the Secretary of Education to make matching grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, mathematics, engineering, or a related field. Allows such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Sets forth eligibility requirements. Authorizes appropriations. (Sec. 5) Establishes a hands-on student training partnership grants program. Authorizes the Secretary of Commerce to make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. Sets forth program priorities and restrictions. Authorizes appropriations. (Sec. 6) Amends the Internal Revenue Code provisions relating to educational assistance programs to provide for: (1) permanent extension of the tax exclusion for employer-provided educational assistance; and (2) restoration of the tax exclusion for graduate level assistance. (Sec. 7) Establishes the Technology Workforce Commission to study and report to the President and the Congress on all matters relating to the shortage of technology workers in the United States. Authorizes appropriations.

Technology Education Capital Investment Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Local Education Authority Returns Now Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ABILITY OF STATES TO OPT OUT OF K-12 EDUCATION GRANT PROGRAMS Sec. 101. Determinations by Secretary of Treasury as to which States are opt-out States. Sec. 102. Amounts creditable to States. Sec. 103. Opt-out States not eligible to receive grants under K-12 education grant programs. Sec. 104. Requirements of K-12 education grant programs do not apply to opt-out States. Sec. 105. Definitions. TITLE II--CREDIT TO TAXPAYERS IN OPT-OUT STATE Sec. 201. Refundable opt-out State education credit. TITLE I--ABILITY OF STATES TO OPT OUT OF K-12 EDUCATION GRANT PROGRAMS SEC. 101. DETERMINATIONS BY SECRETARY OF TREASURY AS TO WHICH STATES ARE OPT-OUT STATES. (a) Deadline.--Not later than February 1 of each calendar year (hereinafter in this title referred to as the ``determination year''), the Secretary of the Treasury shall determine which States, if any, are opt-out States for the calendar year (hereinafter in this title referred to as the ``opt-out year'') that follows the determination year. (b) Determination.--The Secretary of the Treasury shall determine that a State is an opt-out State for an opt-out year under subsection (a) if, and only if, there is transmitted to the Secretary a copy of a law, in effect as of January 1 of the determination year, that can fairly be read to mean that the policy of the State is to not accept grant funds under the K-12 education grant programs, and thereby to not be bound by the requirements of those programs, for that opt-out year. (c) Notification.--Upon making a determination under subsection (a), the Secretary of the Treasury shall transmit that determination to the Secretary of Education and to Congress. SEC. 102. AMOUNTS CREDITABLE TO STATES. (a) In General.--For purposes of determinations relating to the refundable opt-out State education credit under section 36 of the Internal Revenue Code of 1986, as early as practicable for a calendar year, the Secretary of Education shall, for each State, determine the amount creditable to that State for that calendar year and make available that determination. (b) Amount Creditable.--The Secretary shall determine the amount creditable to a State for a calendar year as follows: (1) If the State was not an opt-out State for the preceding calendar year, the amount creditable for the calendar year shall be equal to the aggregate K-12 funding (as determined under subsection (d)) for that State for that preceding calendar year. (2) If the State was an opt-out State for the preceding calendar year, the amount creditable for the calendar year shall be equal to-- (A) the extrapolated amount (as determined under subsection (c)) for that preceding calendar year, plus (B) the amount that results when the amount creditable for that preceding calendar year is subtracted from the extrapolated amount (as determined under subsection (c)) for that preceding calendar year. (c) Extrapolated Amount.-- (1) In general.--The Secretary of Education shall determine the extrapolated amount for a State for a calendar year. The determination shall be based on-- (A) the amount of grant funds that would have been received other than on a competitive basis, as direct grants, subgrants, or otherwise, under the K-12 education grant programs, by the State or any public educational entity in the State for that calendar year, had it elected not to be an opt-out State for that calendar year; plus (B) the average annual amount of all grant funds that would have been received on a competitive basis, as direct grants, subgrants, or otherwise, under the K- 12 education grant programs, by the State or any public educational entity in the State for that calendar year and the four preceding calendar years, had it elected not to be an opt-out State for those calendar years. (2) Regulations.--The Secretary shall prescribe regulations for making determinations required by this subsection. The initial regulations shall be prescribed not later than 6 months after the date of the enactment of this Act. (d) Aggregate K-12 Funding.--The aggregate K-12 funding for a State for a calendar year shall be equal to-- (1) the amount of all grant funds received other than on a competitive basis, as direct grants, subgrants, or otherwise, under the K-12 education grant programs, by the State or any public educational entity in the State for that calendar year; plus (2) the average annual amount of all grant funds received on a competitive basis, as direct grants, subgrants, or otherwise, under the K-12 education grant programs, by the State or any public educational entity in the State for that calendar year and the four preceding calendar years. SEC. 103. OPT-OUT STATES NOT ELIGIBLE TO RECEIVE GRANTS UNDER K-12 EDUCATION GRANT PROGRAMS. (a) In General.--When a State is an opt-out State for a calendar year, neither the State nor any public educational entity in the State is eligible to receive, as direct grants, subgrants, or otherwise, any funds under any of the K-12 education grant programs for that calendar year. (b) Reallocation.--Any funds under a K-12 education grant program that are not allocated to a State or public educational entity in the State by reason of subsection (a) shall be returned to the Treasury. SEC. 104. REQUIREMENTS OF K-12 EDUCATION GRANT PROGRAMS DO NOT APPLY TO OPT-OUT STATES. When a State is an opt-out State for a calendar year, neither the State nor any public educational entity in the State is subject to any statutory or regulatory requirement of a K-12 education grant program for that calendar year. SEC. 105. DEFINITIONS. In this title: (1) The term ``K-12 education grant program'' means any grant program carried out under any title of the Elementary and Secondary Education Act of 1965, except for the following: (A) Indian, native hawaiian, and alaska native education.--Title VII (20 U.S.C. 7401 et seq.). (B) Impact aid.--Title VIII (20 U.S.C. 7701 et seq.). (2) The term ``public educational entity'' means, with respect to a State, the State educational agency, any local educational agency in the State, or any public elementary or secondary school in the State. TITLE II--CREDIT TO TAXPAYERS IN OPT-OUT STATE SEC. 201. REFUNDABLE OPT-OUT STATE EDUCATION CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. OPT-OUT STATE EDUCATION CREDIT. ``(a) General Rule.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the opt-out State education amount. ``(b) Opt-Out State Education Amount.--For purposes of this section-- ``(1) In general.--The term `opt-out State education amount' means, with respect to a taxpayer for a taxable year beginning in an opt-out year, the amount equal to-- ``(A) the amount creditable under section 102 of the Local Education Authority Returns Now Act to an opt-out State (determined under section 101 of such Act), multiplied by-- ``(B) a fraction-- ``(i) the numerator of which is the taxpayer's household tax burden from such State for the opt-out year, and ``(ii) the denominator of which is the total tax revenue of such State for the opt-out year. ``(2) Household tax burden.--The household tax burden from a State for an opt-out year is the sum of-- ``(A) the State real property taxes, ``(B) the State personal property taxes, ``(C) the State income, war profits, and excess profits taxes, plus ``(D) the State general sales taxes, for the calendar year in which the second preceding taxable year ends and within which paid or accrued by the taxpayer. For purposes of this section, terms used in the preceding sentence which are also used in section 164 shall have the respective meanings given such terms by section 164. ``(3) Total tax revenue.--The total tax revenue of a State for an opt-out year is the amount determined by the Secretary to be the aggregate tax revenue of such State for the calendar year in which the second preceding taxable year ends. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means an individual whose principal place of abode (within the meaning of section 121) was in the opt-out State for the entire taxable year. ``(2) Dependents.--The term `eligible individual' does not include any individual if a deduction under section 151 with respect to such individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Opt-Out Year.--The term `opt-out year' means a calendar year for which the Secretary determines a State to be an opt-out State under section 101 of the Local Education Authority Returns Now Act. ``(e) Amount of Credit Shall Be Determined Under Tables.-- ``(1) In general.--The credit under subsection (a) shall be determined under tables prescribed by the Secretary. ``(2) Requirements for tables.--The tables prescribed under paragraph (1) shall-- ``(A) reflect the provisions of this section, and ``(B) take into account filing status, State of residence, and adjusted gross income.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (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. 36. Opt-out State education credit. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Local Education Authority Returns Now Act - Requires the Secretary of the Treasury to make an annual determination of states that have chosen to opt-out of K-12 education grant programs. Requires the Secretary of Education to determine credits due to states as opt-out state education amounts. Amends the Internal Revenue Code to allow individual taxpayers in states that opt-out a refundable tax credit for a share of the opt-out amount creditable to such states.

To allow a State to opt out of K-12 education grant programs and the requirements of those programs, to amend the Internal Revenue Code of 1986 to provide a credit to taxpayers in such a State, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Ridge and Valley Act of 2005''. SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS AS WILDERNESS IN VIRGINIA. Section 1 of the Act entitled ``An Act to designate certain National Forest System lands in the States of Virginia and West Virginia as wilderness areas'', approved June 7, 1988 (Public Law 100- 326; 16 U.S.C. 1132 note), as amended by Public Law 106-471 (114 Stat. 2057), is further amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) certain lands in the Jefferson National Forest, which comprise approximately 3,769 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated March 23, 2005, and which shall be known as the Brush Mountain East Wilderness; ``(10) certain lands in the Jefferson National Forest, which comprise approximately 4,794 acres, as generally depicted on a map entitled `Brush Mountain and Brush Mountain East', dated March 23, 2005, and which shall be known as the Brush Mountain Wilderness; ``(11) certain lands in the Jefferson National Forest, which comprise approximately 4,223 acres, as generally depicted on a map entitled `Seng Mountain and Raccoon Branch', dated March 23, 2005, and which shall be known as the Raccoon Branch Wilderness; ``(12) certain lands in the Jefferson National Forest, which comprise approximately 3,270 acres, as generally depicted on a map entitled `Stone Mountain', dated March 23, 2005, and which shall be known as the Stone Mountain Wilderness; ``(13) certain lands in the Jefferson National Forest, which comprise approximately 8,470 acres, as generally depicted on a map entitled `Hunting Camp Creek and Garden Mountain', dated March 23, 2005, and which shall be known as the Hunting Camp Creek Wilderness; ``(14) certain lands in the Jefferson National Forest, which comprise approximately 3,291 acres, as generally depicted on a map entitled `Hunting Camp Creek and Garden Mountain', dated March 23, 2005, and which shall be known as the Garden Mountain Wilderness; ``(15) certain lands in the Jefferson National Forest, which comprise approximately 3,226 acres, as generally depicted on a map entitled `Lynn Camp Creek', dated March 23, 2005, and which shall be known as the Lynn Camp Creek Wilderness; ``(16) certain lands in the Jefferson National Forest, which comprise approximately 5,476 acres, as generally depicted on a map entitled `Mountain Lake Additions', dated March 23, 2005, and which are hereby incorporated in the Mountain Lake Wilderness; ``(17) certain lands in the Jefferson National Forest, which comprise approximately 308 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated March 23, 2005, and which are hereby incorporated in the Lewis Fork Wilderness; ``(18) certain lands in the Jefferson National Forest, which comprise approximately 1,845 acres, as generally depicted on a map entitled `Lewis Fork Addition and Little Wilson Creek Additions', dated March 23, 2005, and which are hereby incorporated in the Little Wilson Creek Wilderness; ``(19) certain lands in the Jefferson National Forest, which comprise approximately 2,456 acres, as generally depicted on a map entitled `Shawvers Run Additions', dated March 23, 2005, and which are hereby incorporated in the Shawvers Run Wilderness; ``(20) certain lands in the Jefferson National Forest, which comprise approximately 1,203 acres, as generally depicted on a map entitled `Peters Mountain Addition', dated March 23, 2005, and which are hereby incorporated in the Peters Mountain Wilderness; and ``(21) certain lands in the Jefferson National Forest, which comprise approximately 612 acres, as generally depicted on a map entitled `Kimberling Creek Additions', dated March 23, 2005, and which are hereby incorporated in the Kimberling Creek Wilderness;''. SEC. 3. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. (a) Establishment of Scenic Areas.-- (1) Establishment.--The following National Forest System lands in the State of Virginia are hereby designated as National Scenic Areas (in this section referred to as the ``scenic areas''): (A) Certain lands in the Jefferson National Forest, which comprise approximately 6,455 acres, as generally depicted on a map entitled ``Seng Mountain and Raccoon Branch'', dated March 23, 2005, and which shall be known as the Seng Mountain National Scenic Area. (B) Certain lands in the Jefferson National Forest, which comprise approximately 5,503 acres, as generally depicted on a map entitled ``Bear Creek'' dated March 23, 2005, and which shall be known as the Bear Creek National Scenic Area. (2) Maps and descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and boundary description of the scenic areas with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture and the Committee on Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage specified in paragraph (1) and the map filed under this paragraph, the map shall control. (b) Purposes of Scenic Areas.--The scenic areas are established for the purposes of-- (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat, consistent with paragraph (1); (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities, consistent with the preceding paragraphs. (c) Administration.-- (1) In general.--The Secretary of Agriculture shall administer the scenic areas in accordance with this section and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this section and other laws and regulations, this section shall take precedence. (2) Consistent use.--The Secretary shall only allow such uses of the scenic areas as the Secretary finds will further the purposes for which the scenic areas are established. (d) Management Plan.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the scenic areas consistent with this section. The management plan shall be developed as an amendment to the land and resource management plan for the Jefferson National Forest, except that nothing in this section requires the Secretary to revise the land and resource management plan for the Jefferson National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no roads shall be established or constructed within the scenic areas, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic areas. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic areas, except as the Secretary of Agriculture finds necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the preceding sentence, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic areas, except that the Secretary of Agriculture may authorize motorized travel within the scenic areas-- (1) as necessary for administrative use in furtherance of the purposes of this section; (2) in support of wildlife management projects in existence as of the date of the enactment of this Act; and (3) on Forest Development Road 9410 and 84b during deer and bear hunting seasons. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the purposes of this section, using such means as the Secretary of Agriculture considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic areas to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The Secretary of Agriculture shall administer the scenic areas so as to maintain and enhance water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic areas are withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 4. TRAIL PLAN AND DEVELOPMENT. (a) Trail Plan.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) Hiking and equestrian trails within the wilderness areas designated by the amendments made by section 2, in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Nonmotorized recreation trails within the scenic areas designated by section 3. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan, including the identification of priority trails for development. (c) Trail Authorization.--The Secretary of Agriculture is authorized to develop trails to provide a continuous connection for nonmotorized travel between County Route 650 and Forest Development Road 4018 along the old Rye Valley Railroad Grade in Smyth County, Virginia, as recorded on the map entitled ``Seng Mountain and Raccoon Branch'' and dated March 23, 2005.

Virginia Ridge and Valley Act of 2005 - Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Hunting Camp Creek and Garden Mountain, Lynn Camp Creek, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, Peters Mountain Addition, and Kimberling Creek Additions) as wilderness. Designates Seng Mountain and Raccoon Branch, and Bear Creek, as National Scenic Areas (Areas). Establishes such Areas for purposes of: (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat; (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities. Directs the Secretary of Agriculture to: (1) administer such Areas in accordance with this Act and the laws and regulations generally applicable to the National Forest System (NFS); (2) develop a management plan for such Areas; and (3) establish a trail for NFS lands to develop hiking and equestrian trails within the wilderness areas and non-motorized recreation trails within the Areas. Sets forth provisions regarding roads, vegetation management, motorized travel, fire, insects and disease, water, and mining and geothermal leasing.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Liability Improvement Act of 1993''. SEC. 2. GENERAL PROVISIONS. (a) Congressional Findings.-- (1) Effect on interstate commerce.--The Congress finds that the health care and insurance industries are industries affecting interstate commerce and the medical malpractice litigation systems existing throughout the United States affect interstate commerce by contributing to the high cost of health care and premiums for malpractice insurance purchased by health care providers. (2) Effect on federal spending.--The Congress finds that the medical malpractice litigation systems existing throughout the United States have a significant effect on the amount, distribution, and use of Federal funds because of-- (A) the large number of individuals who receive health care benefits under programs operated or financed by the Federal Government; (B) the large number of individuals who benefit because of the exclusion from Federal taxes of the amounts spent by their employers to provide them with health insurance benefits; (C) the large number of health care providers and health care professionals who provide items or services for which the Federal Government makes payments; and (D) the large number of such providers and professionals who have received direct or indirect financial assistance from the Federal Government because of their status as such professionals or providers. (b) Applicability.--This Act shall apply with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in any State or Federal court, except that this Act shall not apply to-- (1) a claim or action for damages arising from a vaccine- related injury or death to the extent that title XXI of the Public Health Service Act applies to the action; or (2) a claim or action in which the claimant's sole allegation is an allegation of an injury arising from the use of a medical product. (c) Preemption of State Law.--Subject to section 12, this Act supersedes State law only to the extent that State law differs from any provision of law established by or under this Act. Any issue that is not governed by any provision of law established by or under this Act shall be governed by otherwise applicable State or Federal law. (d) Federal Court Jurisdiction Not Established on Federal Question Grounds.--Nothing in this Act shall be construed to establish any jurisdiction in the district courts of the United States over medical malpractice liability actions on the basis of sections 1331 or 1337 of title 28, United States Code. SEC. 3. DEFINITIONS. As used in this Act: (1) Claimant.--The term ``claimant'' means any person who alleges a medical malpractice liability claim, or, in the case of an individual who is deceased, incompetent, or a minor, the person on whose behalf such a claim is alleged. (2) Economic damages.--The term ``economic damages'' means damages paid to compensate an individual for losses for hospital and other medical expenses, lost wages, lost employment, and other pecuniary losses. (3) Health care professional.--The term ``health care professional'' means any individual who provides health care services in a State and who is required by State law or regulation to be licensed or certified by the State to provide such services in the State. (4) Health care provider.--The term ``health care provider'' means any organization or institution that is engaged in the delivery of health care services in a State and that is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State. (5) Injury.--The term ``injury'' means any illness, disease, or other harm that is the subject of a medical malpractice liability action or claim. (6) Medical malpractice liability action.--The term ``medical malpractice liability action'' means a civil action (other than an action in which the claimant's sole allegation is an allegation of an intentional tort) brought in a State or Federal court against a health care provider or health care professional (regardless of the theory of liability on which the action is based) in which the claimant alleges a medical malpractice liability claim. (7) Medical malpractice liability claim.--The term ``medical malpractice liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services. (8) Medical product.--The term ``medical product'' means a device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) or a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act). (9) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to compensate an individual for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses, but does not include punitive damages. (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (11) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall apply with respect to claims accruing or actions brought on or after the expiration of the 3-year period that begins on the date of the enactment of this Act. (b) Exception for States Requesting Earlier Implementation of Reforms.-- (1) Application.--A State may submit an application to the Secretary requesting the early implementation of this Act with respect to claims or actions brought in the State. (2) Decision by secretary.--The Secretary shall issue a response to a State's application under paragraph (1) not later than 90 days after receiving the application. If the Secretary determines that the State meets the requirements of this Act at the time of submitting its application, the Secretary shall approve the State's application, and this Act shall apply with respect to actions brought in the State on or after the expiration of the 90-day period that begins on the date the Secretary issues the response. If the Secretary denies the State's application, the Secretary shall provide the State with a written explanation of the grounds for the decision. SEC. 5. ATTORNEYS' FEES. (a) Limitation on Contingency Fees.--An attorney shall not contract for or collect a contingency fee for representing a claimant in a medical malpractice liability action in excess of the following: (1) 40 percent of the first $50,000 (or portion thereof) of the amount recovered by the claimant. (2) 33\1/3\ percent of the next $50,000 (or portion thereof) of the amount recovered by the claimant. (3) 25 percent of the next $500,000 (or portion thereof) of the amount recovered by the claimant. (4) 15 percent of any amounts recovered by the claimant in excess of $600,000. This subsection applies whether the recovery is by settlement, arbitration, or judgment. (b) Calculation of Periodic Payments.--If periodic payments are awarded to the claimant pursuant to section 8(b), the court shall place a total value on these payments based upon the projected life expectancy of the claimant and include this amount in computing the total award from which attorneys' fees are calculated under subsection (a). (c) Special Rule for Determining Amount Recovered.--In subsection (a), the term ``recovered'' means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, except that costs of medical care incurred by the claimant and the attorney's office overhead costs or charges shall not be deductible disbursements under this subsection. SEC. 6. LIMITATION ON NONECONOMIC DAMAGES. The total amount of damages which may be awarded to an individual and the family members of such individual for noneconomic losses resulting from an injury which is the subject of a medical malpractice liability claim may not exceed $250,000, regardless of the number of health care professionals and health care providers against whom the claim is brought or the number of claims brought with respect to the injury. SEC. 7. STATUTE OF LIMITATIONS. (a) In General.--No medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the expiration of the 4-year period that begins on the date the alleged injury occurred. (b) Exception for Minors.--In the case of an alleged injury suffered by a minor who has not attained 6 years of age, no medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the date on which the minor attains 10 years of age. SEC. 8. PERIODIC PAYMENTS FOR FUTURE LOSSES. If more than $50,000 in damages for expenses to be incurred in the future is awarded to the claimant in a medical malpractice liability action, the court shall at the request of either party, enter a judgment ordering such damages to be paid on a periodic basis determined appropriate by the court (based upon projections of when such expenses are likely to be incurred). SEC. 9. MANDATORY OFFSETS FOR DAMAGES PAID BY A COLLATERAL SOURCE. (a) In General.--The total amount of damages received by a plaintiff in a medical malpractice liability action shall be reduced (in accordance with subsection (b)) by any other payment that has been or will be made to the individual to compensate the plaintiff for the injury that was the subject of the action, including payment under-- (1) Federal or State disability or sickness programs; (2) Federal, State, or private health insurance programs; (3) private disability insurance programs; (4) employer wage continuation programs; and (5) any other source of payment intended to compensate the plaintiff for such injury. (b) Amount of Reduction.--The amount by which an award of damages to a plaintiff shall be reduced under subsection (a) shall be-- (1) the total amount of any payments (other than such award) that have been made or that will be made to the plaintiff to compensate the plaintiff for the injury that was the subject of the action; minus (2) the amount paid by the plaintiff (or by the spouse, parent, or legal guardian of the plaintiff) to secure the payments described in paragraph (1). SEC. 10. SPECIAL PROVISION FOR CERTAIN OBSTETRIC SERVICES. (a) Imposition of Higher Standard of Proof.-- (1) In general.--In the case of a medical malpractice liability action relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and may not assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. (2) Applicability to group practices or agreements among providers.--For purposes of paragraph (1), a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional is a member of a group practice whose members previously treated the individual for the pregnancy or is providing services to the individual during labor or the delivery of a baby pursuant to an agreement with another professional. (b) Clear and Convincing Evidence Defined.--In subsection (a), the term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, except that such measure or degree of proof is more than that required under preponderance of the evidence, but less than that required for proof beyond a reasonable doubt. SEC. 11. JOINT AND SEVERAL LIABILITY. The liability of each defendant in a medical malpractice liability action shall be several only and shall not be joint, and each defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to the defendant's percentage of responsibility (as determined by the trier of fact). SEC. 12. PREEMPTION. (a) In General.--This Act supersedes any State law only to the extent that State law-- (1) permits the recovery of a greater amount of damages by a plaintiff; (2) permits the collection of a greater amount of attorneys' fees by a plaintiff's attorney; (3) establishes a longer period during which a medical malpractice liability claim may be initiated; or (4) establishes a stricter standard for determining whether a defendant was negligent or for determining the liability of defendants described in section 10 in actions described in such section. (b) Effect on Sovereign Immunity and Choice of Law or Venue.-- Nothing in subsection (a) shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any provision of law; (2) waive or affect any defense of sovereign immunity asserted by the United States; (3) affect the applicability of any provision of the Foreign Sovereign Immunities Act of 1976; (4) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; or (5) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum. SEC. 13. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end thereof the following new section: ``SEC. 6050O. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS. ``(a) In General.--If-- ``(1) any person makes medical malpractice payments to another person during any calendar year, ``(2) a portion of such payments is includible in gross income for purposes of chapter 1, and ``(3) the portion of such payments so includible exceeds $600, then the person making such payments shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth the name, address, and TIN of the person to whom such payments were made, the aggregate amount of such payments, and the portion of such payments includible in gross income for purposes of chapter 1. ``(b) Statements To Be Furnished to Persons With Respect to Whom Information Is Required To Be Furnished.--Every person required to make a return under subsection (a) with respect to payments made to any person shall furnish to such person a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the information required to be shown on the return with respect to the person to whom such payments were made. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. ``(c) Medical Malpractice Payments.--For purposes of this section, the term `medical malpractice payment' means any payment (whether by suit or agreement and whether as a lump sum or periodic payment) on account of a medical malpractice liability claim (as defined in section 3(7) of the Medical Liability Improvement Act of 1993).'' (b) Penalties.-- (1) Returns.--Subparagraph (A) of section 6724(d)(1) of such Code is amended by striking ``or'' at the end of clause (vi), by striking ``and'' at the end of clause (vii) and inserting ``or'', and by adding at the end thereof the following new clause: ``(viii) section 6050O (relating to returns relating to taxable medical malpractice awards),''. (2) Statements.--Paragraph (2) of section 6724(d) of such Code is amended by redesignating subparagraphs (P) through (S) as subparagraphs (Q) through (T), respectively, and by inserting after subparagraph (O) the following new subparagraph: ``(P) section 6050O(b) (relating to returns relating to taxable medical malpractice awards),''. (c) Clerical Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by adding at the end thereof the following new item: ``Sec. 6050O. Returns relating to taxable medical malpractice awards.'' (d) Effective Date.--The amendments made by this section shall apply to payments after the date of the enactment of this Act. HR 2851 IH----2

Medical Liability Improvement Act of 1993 - Sets forth provisions concerning, with respect to medical malpractice liability claims: (1) limitations on attorney's fees; (2) limitations on noneconomic damages; (3) the statute of limitations; (4) periodic payments for future losses; (5) mandatory offsets for damages paid by a collateral source; (6) certain obstetric services; (7) joint and several liability; and (8) preemption of inconsistent State law. Amends the Internal Revenue Code to require the reporting of certain medical malpractice payments.

Medical Liability Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predisaster Hazard Mitigation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The predisaster hazard mitigation program has been successful and cost-effective. Funding from the predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to and destruction of property, and disruption of communities from disasters. (2) The predisaster hazard mitigation program has saved Federal taxpayers from spending significant sums on disaster recovery and relief that would have been otherwise incurred had communities not successfully applied mitigation techniques. (3) A 2007 Congressional Budget Office report found that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars) for each dollar invested in mitigation efforts funded under the predisaster hazard mitigation program. Moreover, the Congressional Budget Office found that projects funded under the predisaster hazard mitigation program could lower the need for post-disaster assistance from the Federal Government so that the predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds. (4) A 2005 report by the Multihazard Mitigation Council showed substantial benefits and cost savings from the hazard mitigation programs of the Federal Emergency Management Agency generally. Looking at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study found that, on average, $1 invested by the Federal Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits. Moreover, the report projected that the mitigation grants awarded between 1993 and 2003 would save more than 220 lives and prevent nearly 4,700 injuries over approximately 50 years. (5) Given the substantial savings generated from the predisaster hazard mitigation program in the years following the provision of assistance under the program, increasing funds appropriated for the program would be a wise investment. SEC. 3. PREDISASTER HAZARD MITIGATION. (a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is amended to read as follows: ``(f) Allocation of Funds.-- ``(1) In general.--The President shall award financial assistance under this section on a competitive basis and in accordance with the criteria in subsection (g). ``(2) Minimum and maximum amounts.--In providing financial assistance under this section, the President shall ensure that the amount of financial assistance made available to a State (including amounts made available to local governments of the State) for a fiscal year-- ``(A) is not less than the lesser of-- ``(i) $575,000; or ``(ii) the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year; and ``(B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.''. (b) Authorization of Appropriations.--Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended to read as follows: ``(m) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $180,000,000 for fiscal year 2011; ``(2) $200,000,000 for fiscal year 2012; and ``(3) $200,000,000 for fiscal year 2013.''. (c) Technical Corrections to References.--The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended-- (1) in section 602(a) (42 U.S.C. 5195a(a)), by striking paragraph (7) and inserting the following: ``(7) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency.''; and (2) by striking ``Director'' each place it appears and inserting ``Administrator'', except-- (A) in section 622 (42 U.S.C. 5197a)-- (i) in the second and fourth places it appears in subsection (c); and (ii) in subsection (d); and (B) in section 626(b) (42 U.S.C. 5197e(b)). SEC. 4. PROHIBITION ON EARMARKS. Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by adding at the end the following: ``(n) Prohibition on Earmarks.-- ``(1) Definition.--In this subsection, the term `congressionally directed spending' means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or Congressional district, other than through a statutory or administrative formula- driven or competitive award process. ``(2) Prohibition.--None of the funds appropriated or otherwise made available to carry out this section may be used for congressionally directed spending. ``(3) Certification to congress.--The Administrator of the Federal Emergency Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Predisaster Hazard Mitigation Act of 2010 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) increase the amount guaranteed to each state under the predisaster hazard mitigation program to $575,000; (2) require the President to award financial assistance under the program on a competitive basis; (3) eliminate the current termination date for such program (September 30, 2010); and (4) authorize appropriations for the program through FY2013. Prohibits the use of program funds for congressionally directed spending. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to submit to Congress a certification regarding whether all financial assistance under the program was awarded in accordance with such Act.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the pre-disaster mitigation program of the Federal Emergency Management Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Areawide Integrated Pest Management Act of 2015'' or the ``AIPM Act of 2015''. SEC. 2. QUALIFIED AREAWIDE INTEGRATED PEST MANAGEMENT PROJECTS. (a) Qualified Areawide Integrated Pest Management Projects.-- Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended-- (1) in subsection (a)-- (A) by inserting ``, acting through the Director of the National Institute of Food and Agriculture,'' after ``Secretary of Agriculture''; and (B) by inserting ``and qualified areawide integrated pest management projects'' before the period at the end; (2) in subsection (b)-- (A) by inserting ``, acting through the Director of the National Institute of Food and Agriculture,'' after ``Secretary''; and (B) by inserting ``and qualified areawide integrated pest management projects'' after ``extension projects''; (3) in subsection (d), by adding at the end the following new sentence: ``With respect to a grant under this section providing funding for a qualified areawide integrated pest management project, the Secretary may renew such grant for an additional term of a duration to be determined by the Secretary.''; (4) by redesignating subsection (e) as subsection (h); and (5) by inserting after subsection (d) the following new subsections: ``(e) Grants Providing Funding for Qualified Areawide Pest Management Projects.-- ``(1) In general.--An entity seeking a grant under this section providing funding for a qualified areawide integrated pest management project shall submit to the Secretary an application at such time and in such manner and that contains such information as the Secretary may require, including detailed information on-- ``(A) the goals of the project; ``(B) any individuals or entities involved in the project; ``(C) the projected benefits of the project; ``(D) details of the membership of the committee described in subsection (f)(2); ``(E) how the project may be continued after grant funds are no longer available for such project; and ``(F) an analysis of the return on investment for the grant funds awarded to fund the project. ``(2) Requests for applications.-- ``(A) Development of requests for applications.-- The Secretary shall, in consultation with the integrated pest management committee established under section 1408C and other relevant stakeholders, develop requests for applications for qualified areawide integrated pest management projects that are consistent with the priorities established by such committee under such section. ``(B) Issuance.--The Secretary shall solicit proposals for qualified areawide integrated pest management projects under this section by issuing requests for applications on an annual basis. The Secretary may not select new projects to receive funding through a grant under this section if, on the date on which the request is issued, there is not sufficient funding available to fund projects that, as of such date, are not complete and with respect to which grants were awarded under this section for the previous year. ``(3) Selection.-- ``(A) In general.--The Secretary shall, using a peer-review process, select qualified areawide integrated pest management projects to receive funding through a grant under this section. ``(B) Lead entity.--In selecting projects under subparagraph (A), the Secretary shall designate the college or university or other entity referred to in subsection (b) submitting the application for such project as the lead entity for the project. ``(4) Condition.--As a condition of receiving a grant under this section providing funding for a qualified areawide integrated pest management project, the college or university or other entity referred to in subsection (b) that is the recipient of the grant shall-- ``(A) certify to the Secretary that the recipient will be carrying out the project in collaboration with-- ``(i) the Agricultural Research Service of the Department of Agriculture through a subcontractual arrangement; and ``(ii) one or more of any of the following entities: ``(I) A college or university. ``(II) A State department of agriculture. ``(III) Another Federal agency. ``(IV) A State or a regional entity representing a crucial element of the project, such as a State department of natural resources. ``(V) A nongovernmental organization; ``(B) certify that the recipient will transfer the appropriate amount of funds to all entities involved in the project so that research, extension, and education activities carried out under the project are funded as needed; ``(C) in cooperation with the Secretary, coordinate efforts conducted by all entities involved in the project; and ``(D) prepare and submit annual and final reports to the Secretary with respect to the project. ``(f) Qualified Areawide Integrated Pest Management Project Defined.--In this section: ``(1) The term `areawide integrated pest management project' means a project that is designed and implemented on a landscape scale or larger-- ``(A) to prevent the spread of pests and invasive species through prevention, avoidance, monitoring, and suppression; ``(B) to provide educational programs on best management practices with respect to pests and invasive species; ``(C) to control pests and invasive species using physical, mechanical, or cultural controls; ``(D) to manage pests and invasive species using biologically-based controls; or ``(E) where appropriate, to manage pests using chemical controls, such as pesticides. ``(2) The term `qualified areawide integrated pest management project' means an areawide integrated pest management project that-- ``(A) provides for significant benefits (as determined by the Secretary) for the prevention, eradication, or management of pests and invasive species; ``(B) provides for economic and environmental benefits to agriculture, individuals, wildlife, and the environment; ``(C) addresses the annual priorities established by the integrated pest management committee established under section 1408C; ``(D) has a projected duration of not more than 5 years; ``(E) provides for the establishment of a regional advisory committee responsible for the oversight of the project in the community, region, or area in which the project is to be carried out; and ``(F) provides for the active involvement of the cooperative extension services (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) to translate the results of the research conducted under the project into practical information and pest management tools for purposes of sharing such results with farmers, foresters, and producers. ``(g) Ongoing Areawide Integrated Pest Management Projects.--The requirements of subsection (e) shall not apply with respect to a grant providing funding for integrated agricultural research, education, and extension projects related to integrated pest management awarded before the date of the enactment of the Areawide Integrated Pest Management Act of 2015.''. (b) Areawide Integrated Pest Management Committee.-- (1) In general.--The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1408B (7 U.S.C. 3123B) the following new section: ``SEC. 1408C. AREAWIDE INTEGRATED PEST MANAGEMENT COMMITTEE. ``(a) Establishment.--Not later than 90 days after the date of the enactment of this section, the executive committee of the Advisory Board shall establish and appoint the initial members of a permanent areawide integrated pest management committee. ``(b) Duties.--The permanent areawide integrated pest management committee shall, with respect to areawide integrated pest management programs, activities, or projects carried out by the Secretary of Agriculture-- ``(1) consider stakeholder feedback; and ``(2) determine the annual and long-term priorities for such programs, activities, or projects. ``(c) Members.-- ``(1) Eligibility.--Individuals who are not members of the Advisory Board may be appointed as members of the areawide integrated pest management committee. ``(2) Composition.--The areawide integrated pest management committee shall be composed of the following: ``(A) Three ex officio members consisting of the following individuals: ``(i) The Senior Invasive Species Coordinator of the Department of Agriculture. ``(ii) The National Program Leader for Bio- based Pest Management of the National Institute of Food and Agriculture. ``(iii) The National Program Leader for the Invasive Pests of Crops of the Agricultural Research Service. ``(B) Nine voting members, representing stakeholder groups with experience in areawide research programs carried out by Federal, State, or private entities, to be appointed by the Secretary.''. (2) Compensation.--Section 1413(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128(b)) is amended to read as follows: ``(b)(1) Subject to paragraphs (2) and (3), members of the Advisory Board who are not otherwise officers or employees of the United States shall serve without compensation. ``(2) Members of the Advisory Board who are members of the areawide integrated pest management committee established under section 1408C and who are not otherwise officers or employees of the United States may receive compensation for serving on the committee. ``(3) Members of the Advisory Board and members of the areawide integrated pest management committee established under section 1408C shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code.''. SEC. 3. TRANSFER OF AUTHORITY. The Secretary shall transfer to the National Institute of Food and Agriculture, effective not later than 60 days after the date of the enactment of this Act, the authorities (including all budget authorities, available appropriations, and personnel), duties, obligations, and related legal and administrative functions prescribed by law or otherwise granted to any other agency or official of the Department of Agriculture under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626).

Areawide Integrated Pest Management Act of 2015 or the AIPM Act of 2015 This bill amends the Agricultural Research, Extension, and Education Reform Act of 1998 to expand the Department of Agriculture's (USDA's) Integrated Research, Education, and Extension Competitive Grants Program to include grants to colleges, universities, and other entities for qualified areawide integrated pest management projects to prevent the spread of pests and invasive species. The bill establishes an areawide integrated pest management committee to consider stakeholder feedback and determine priorities for the projects. The projects must be implemented on a landscape scale or larger and include collaboration with specified federal, regional, state, and nongovernmental entities. The projects may prevent the spread of pests and invasive species through: prevention, avoidance, monitoring, and suppression; educational programs; and physical, mechanical, cultural biologically-based, or chemical controls. A qualified project must: provide for significant benefits for the prevention, eradication, or management of pests and invasive species; provide for economic and environmental benefits to agriculture, individuals, wildlife, and the environment; address the annual priorities established by the integrated pest management committee; last no more than five years; establish a regional advisory committee to oversee the project; and involve the cooperative extension services in translating the results of research into practical information and tools to be shared. USDA must transfer to the National Institute of Food and Agriculture the authority for the Integrated Research, Education, and Extension Competitive Grants Program.

AIPM Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Women's Suffrage Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Alice Paul was born on January, 11, 1885, in Moorestown New Jersey, and died on July 9, 1977. (2) Alice Paul dedicated her life to securing suffrage and equal rights for all women and, as founder of the National Woman's Party, she was instrumental in the passage of the 19th Amendment to the United States Constitution. (3) Alice Paul and the National Woman's Party were the first group ever to picket the White House. (4) While President Woodrow Wilson trumpeted America's values of democracy abroad during World War I, Alice Paul was dedicated to reminding the President that not all Americans enjoyed democracy at home. (5) Alice Paul used nonviolent civil disobedience to bring national attention to the women's suffrage movement, such as the 3-week hunger strike she undertook when she was sentenced to jail in October, 1917, for her demonstrations. (6) Alice Paul's courage inspired thousands of women to join the women's suffrage movement. (7) Instead of patiently waiting for States to grant women suffrage, Alice Paul mobilized an entire generation of women to pressure the United States Congress and the President to give all women in America the right to vote. (8) Alice Paul did not stop her fight after the 19th Amendment was ratified; she drafted the Equal Rights Amendment to the United States Constitution in 1923 and fought tirelessly for its passage until her death 54 years later. (9) Alice Paul lobbied Congress to include gender in civil rights bills and was successful in including sex discrimination in Title VII of the Civil Rights Act of 1964. (10) Alice Paul sought equal rights for women all over the world, not just Americans and, as a means of pursuing this goal, founded the World Party for Equal Rights for Women in the 1930's. (11) Alice Paul was instrumental in the placement of a passage on gender equality in the preamble of the United Nations Charter. (12) Few people have played a greater role in shaping the history of the United States than Alice Paul. (13) Alice Paul is an example to all Americans of what one person can do to make a difference for millions of people. SEC. 3. 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 the Congress, of a gold medal of appropriate design in commemoration of Alice Paul, in recognition of her role in the women's suffrage movement and in advancing equal rights for women. (b) Presentation and Display.--The medal referred to in subsection (a) shall be presented jointly to representatives of the Alice Paul Institute and the Sewall-Belmont House, to be shared equally and displayed as appropriate. (c) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter 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. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority 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 costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the House of Representatives May 15, 2008. Attest: LORRAINE C. MILLER, Clerk.

Alice Paul Women's Suffrage Congressional Gold Medal Act - Requires 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 in commemoration of Alice Paul, to recognize her role in the women's suffrage movement and in advancing equal rights for women. Requires that the medal be presented jointly to representatives of the Alice Paul Institute and the Sewall-Belmont House, to be shared equally and displayed as appropriate. Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of such medal. Requires proceeds from the sale of such medals to be deposited into the U.S. Mint Public Enterprise Fund.

A bill to award a congressional gold medal in recognition of Alice Paul's role in the women's suffrage movement and in advancing equal rights for women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Commemorative Coin Act of 2009''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coin.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coin.--Not more than 300,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) bear an image of former President Ronald Wilson Reagan on the obverse side; and (B) bear a design on the reverse side that is similar to the depiction of an American eagle carrying an olive branch, flying above a nest containing another eagle and hatchlings. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 4. 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 quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2013, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2013. SEC. 5. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 6(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (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. SEC. 6. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Army Emergency Fund to be used by the Army Emergency Fund for the purposes of providing financial assistance to any of the following individuals: (1) An individual who is an Army active duty soldier, single or married, or a dependent of such a soldier. (2) A member of the Army National Guard or Army Reserve on continuous active duty under title 10, United States Code, for more than 30 consecutive days, or a dependent of such a member. (3) A soldier retired from active duty because of longevity or physical disability, including any Army National Guard or Army Reserve soldier who is in receipt of Army retired pay, or any authorized dependent of such soldier. (4) A surviving spouse or dependent child of a soldier who died while on active duty or after retirement. (c) Audits.--The Army Emergency Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to such funds. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Ronald Reagan Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration Ronald Wilson Reagan, the 40th President of the United States. Authorizes the issuance of such coins beginning on January 1, 2013, except that sales of such coins may be initiated, without issuance, before such date. Prohibits the minting of such coins after December 31, 2013. Requires all sales of coins minted under this Act to include a surcharge of: (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. Requires the proceeds from the surcharges received from the sale of such coins to be paid promptly to the Army Emergency Fund to be used to provide financial assistance to certain soldiers and their dependents and the surviving spouses or dependent children of deceased soldiers.

To require the Secretary of the Treasury to mint coins in commemoration of Ronald Wilson Reagan, the 40th President of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP Repayment and Termination Act of 2009''. SEC. 2. ADDITIONAL REPAYMENT PROCEDURES. (a) In General.--Title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) is amended by adding at the end the following new section: ``SEC. 137. ADDITIONAL REPAYMENT PROCEDURES. ``(a) Right of Repayment for Well Capitalized Institutions.--Any financial institution that has received or receives assistance under this title shall have the right to immediately repay all of such assistance, and the Secretary shall unconditionally accept such a payment, if-- ``(1) with respect to an insured depository institution, the appropriate Federal banking agency determines that such financial institution will be well capitalized after the repayment of all of such assistance; and ``(2) such financial institution has paid any dividend, interest, or other payment due to the Secretary by reason of the financial institution receiving assistance under this title. ``(b) Right of Repayment for Certain Bank Holding Companies.-- Notwithstanding subsection (a), a bank holding company assessed under SCAP shall have the right to immediately repay all assistance such company received under this title, and the Secretary shall unconditionally accept such a payment, if the Secretary, in consultation with the appropriate Federal banking agency, where applicable, determines that, upon the repayment of all of such assistance, such company-- ``(1) will remain in a position to continue to fulfill its role as an intermediary that facilitates lending to creditworthy households and businesses; ``(2) will be able to maintain capital levels that are consistent with supervisory expectations; ``(3) will be able to continue to serve as a source of financial and managerial strength and support to any subsidiary bank of such company; and ``(4) along with any subsidiary bank of such company, will be able to meet all ongoing funding requirements and obligations to counterparties while reducing reliance on Government capital and the TLGP. ``(c) Preferred Share Repurchase Levels.--With respect to preferred shares held by the Secretary, in making a full repayment of all assistance received by a financial institution under this title on or before September 30, 2009, such institution shall have the right to repurchase such preferred shares at-- ``(1) in the case of a preferred share purchased by the Secretary under this title, the same price the Secretary purchased such share for from the financial institution; and ``(2) in the case of a preferred share held by the Secretary as a result of the Secretary's exercise of a warrant received by the Secretary pursuant to section 113(d)(1)(B), the same price the Secretary purchased such warrant for from the financial institution. ``(d) Reduction in Authorization To Purchase in Corresponding Amount to Any Repayment.--Each time a financial institution makes a repayment of assistance provided under this title, the authorization to purchase authority under section 115 shall be reduced by a corresponding dollar amount. ``(e) Provision of Repayment Information.--Not later than 15 days after the Secretary is notified by a financial institution that such financial institution wants to immediately repay all assistance received by such institution under this title, the Secretary, in consultation with the appropriate Federal banking agency, if any, shall either-- ``(1) accept such repayment; or ``(2) notify such institution, in writing, that the individual financial position of such institution does not currently permit the repayment of such assistance, and include in such notice information detailing steps the institution can take to satisfy the Secretary and the appropriate Federal banking agency, if any, that the institution is in a position to repay such assistance. ``(f) Definitions.--For purposes of this section: ``(1) Appropriate federal banking agency.--The term `appropriate Federal banking agency' has the meaning given to such term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). ``(2) Bank holding company.--The term `bank holding company' has the meaning given to such term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841). ``(3) Insured depository institution.--The term `insured depository institution' has the meaning given to such term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). ``(4) SCAP.--The term `SCAP' means the Supervisory Capital Assessment Program conducted by the Board of Governors of the Federal Reserve System and other Federal regulators, the results of which were made public on May 7, 2009. ``(5) TLGP.--The term `TLGP' means the Temporary Liquidity Guarantee Program, implemented by the Federal Deposit Insurance Corporation by final rule on November 21, 2008. ``(6) Well capitalized.--With respect to an insured depository institution, the term `well capitalized' has the meaning given to such term in section 38(b)(1)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(b)(1)(A)).''. (b) Warrant Liquidation Requirement.--Section 111(g) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(g)) is amended by striking ``, at the market price, may liquidate warrants associated with such assistance'' and inserting ``shall liquidate warrants associated with such assistance at the current market price, except as otherwise provided in section 137(c)(2)''. (c) Repeal of Extension Authority.--Section 120 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended-- (1) in subsection (a), by striking ``(a) Termination.-- The'' and inserting ``The''; and (2) by striking subsection (b). (d) Conforming Amendment.--The table of contents for the Emergency Economic Stabilization Act of 2008 is amended by inserting after the item relating to section 136 the following new item: ``137. Additional repayment procedures.''.

TARP Repayment and Termination Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to grant any financial institution that received or receives assistance under the Troubled Asset Relief Program (TARP) the right to repay all of it immediately if the institution will be well capitalized after such repayment and has made any payment due to the Secretary of the Treasury by reason of receiving such assistance. Allows bank holding companies assessed under the Supervisory Capital Assessment Program (SCAP) to repay all of their TARP assistance immediately if the Secretary determines that they meet specified criteria, including the ability, along with their subsidiary banks, to meet all ongoing funding requirements and obligations to counterparties while reducing reliance on government capital and the Temporary Liquidity Guarantee Program (TLGP). Directs the Secretary to notify financial institutions unable to repay their TARP assistance of detailed steps to take to put themselves in a position to make such repayment. Gives financial institutions making a full repayment of TARP assistance the right to repurchase preferred shares purchased or held by the Secretary as a result of the Secretary's exercise of warrants at the same price paid by the Secretary for such shares or warrants. Requires the Secretary to liquidate at the market price warrants associated with repaid TARP assistance. Eliminates the Secretary's authority to extend TARP beyond its termination date.

To amend the Emergency Economic Stabilization Act of 2008 to provide repayment procedures for certain assistance received under the Troubled Asset Relief Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Our Students Act of 2016'' or the ``S.O.S. Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Approximately 1 in 5 children have a diagnosable mental illness. (2) Fifty percent of all lifetime cases of lived experience of mental illness begin by age 14, and 75 percent by age 24. (3) Fifty percent of students with a mental illness, age 14 years and older, drop out of high school. (4) One in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, but only 1 in 5 of such children receive specialty mental health services. (5) For youth between the ages of 10 and 24, suicide is the third leading cause of death, and an estimated 90 percent have a diagnosable mental health condition. (6) Annually, approximately 4,600 youth die as a result of suicide and another 156,000 youth ages 10 to 24 are treated for self-inflicted injuries at emergency rooms. (7) The overwhelming majority of individuals including teens, who attempt suicide, have one or more psychiatric or mental health conditions. (8) Suicide prevention and awareness efforts are key in combating this often preventable loss of life. SEC. 3. TRAINING TEACHERS AND SCHOOL PROFESSIONALS IN UNDERSTANDING MENTAL HEALTH CONDITIONS IN CHILDREN. (a) In General.--Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: ``Subpart 3--Training Teachers and School Professionals in Understanding Mental Health Conditions in Children ``SEC. 4131. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary shall award grants to eligible State educational agencies to enable such agencies to award subgrants to eligible local educational agencies to support an existing, or develop a new, program that will educate teachers, school personnel, and specialized instructional support personnel on mental health conditions in children, including the causes, symptoms, and impact on learning. ``(b) Definitions.--In this section: ``(1) Eligible local educational agency.--The term `eligible local educational agency' means a local educational agency or a local educational agency in partnership with a mental health organization, family advocacy organization, or community nonprofit organization. ``(2) Eligible state educational agency.--The term `eligible State educational agency' means a State educational agency or a State educational agency in partnership with a mental health organization, family advocacy organization, or community nonprofit organization. ``(3) School personnel.--The term `school personnel' means administrators, administrative staff, custodial staff, cafeteria staff, transportation staff, and other school- employed staff who interact with students. ``(4) Specialized instructional support personnel.--The term `specialized instructional support personnel' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services, as defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. ``SEC. 4132. GRANTS. ``(a) Applications.--An eligible State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Activities.--An eligible State educational agency that receives a grant under this section shall use the grant funds to award subgrants to eligible local educational agencies in accordance with subsection (c). ``SEC. 4133. SUBGRANTS. ``(a) Application.-- ``(1) In general.--An eligible local educational agency that desires to receive a subgrant under this section shall submit an application to the eligible State educational agency at such time, in such manner, and accompanied by such information as the eligible State educational agency may require. ``(2) Description of utilization.--An application submitted under subparagraph (A) shall include a description of how the local educational agency will utilize school counselors, school psychologists, school social workers, or community organizations with expertise in the lived experience of mental illness and suicide prevention efforts, in developing and conducting the training described in paragraph (2). ``(b) Training.-- ``(1) In general.--An eligible local educational agency that receives a subgrant under this section shall support an existing training program developed by either the school or a community organization with expertise in the lived experience of mental illness and suicide prevention, or develop a new program, in which school counselors, school psychologists, and school social workers develop and provide training to teachers, school personnel, and specialized instructional support personnel in understanding the mental health needs of children. Such program shall include an annual in-service training program to enable such teachers, school personnel, and specialized instructional support personnel-- ``(A) to better understand mental health conditions and the early warning signs in children and adolescents; ``(B) to best communicate with families about these concerns; ``(C) to identify classroom strategies for working effectively with children with mental health conditions; and ``(D) to understand school specific information, including, as appropriate, how schools are-- ``(i) assisting in linking students to supports and services; and ``(ii) providing information on the school's mental health services and supports, including school social work and psychological services, as well as the school's referral process for additional school-linked services connecting to community mental health professionals. ``(2) Family perspective.--A training program described in subparagraph (A) shall incorporate family and parent perspectives. ``(3) Training program for all areas of the state and for personnel serving indian children.-- ``(A) Urban and rural areas.--In awarding subgrants under this section, a State educational agency shall ensure training programs described under subparagraph (A) are available for teachers, school personnel, and specialized instructional support personnel in urban and rural areas across the State. ``(B) Indian children.--A State educational agency that receives a grant under this section shall award subgrants to eligible local educational agencies described in section 6112(b)(1) and Indian tribes described in section 6112(c). ``(4) School-based mental health services providers.--A training program described in subparagraph (A) shall include a school-based mental health service provider and a community organization with expertise in the lived experience of mental illness or suicide prevention, whenever possible, to maximize training outcomes and facilitate coordinated referrals when more intensive community services are needed. ``(c) Guidelines.--In carrying out a training program described in paragraph (2), an eligible local educational agency may-- ``(1) report to the Secretary on the agency's commitment to students with mental illness and suicide prevention efforts through innovative programs, resource development, and the development of a mental health curriculum and activities that focus on raising awareness within schools of early onset mental health conditions and linking students with effective mental health services and supports; ``(2) describe existing school-community partnerships that provide effective clinical services to students with severe mental health needs; ``(3) describe how the agency will measure outcomes, as described in subsection (d), specifically for students with serious mental health needs; ``(4) describe how the training program will be effective for teachers, school personnel, and specialized instructional support personnel in culturally and linguistically diverse school communities; and ``(5) describe any strong links to the community mental health system and community mental health providers through interagency collaboration, including documenting-- ``(A) the extent of the interagency collaboration (including the engagement in joint activities); and ``(B) the dates during which the collaboration has been in effect and any outcomes that have been achieved as a result of this activity. ``SEC. 4134. EVALUATIONS AND MEASURES OF OUTCOMES. ``(a) In General.--The Secretary shall develop measures of outcomes for eligible local educational agencies that receive subgrants under this section, in order to evaluate the effectiveness of programs carried out under the subgrant. ``(b) Outcomes.--The measures of outcomes described in paragraph (1) shall include, at a minimum, provisions to evaluate-- ``(1) the effectiveness of comprehensive school mental health training and suicide prevention programs established under this section; ``(2) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system, if applicable; ``(3) the effectiveness of the training program in culturally and linguistically diverse school communities; ``(4) the improvement in understanding mental health conditions with the purpose of providing a safe and supportive learning environment among school staff, students, and parents; ``(5) the improvement in-- ``(A) case-finding of students in need of more intensive services; ``(B) effective communication with families; and ``(C) referral of identified students with mental health related concerns for an evaluation for services and supports; ``(6) the reduction in the number of students with mental health conditions and those identified as children with disabilities under the emotional disturbance and other health impairment categories of the Individuals with Disabilities Education Act who are suspended and an increase in the number of such students who graduate from high school; and ``(7) the increased successful matriculation to postsecondary school. ``SEC. 4135. DATA COLLECTION COMPONENT. ``(a) Annual Data Submissions and Reports.-- ``(1) Data submission.-- ``(A) Local educational agencies.--An eligible local educational agency that receives a subgrant under this section shall annually submit to the eligible State educational agency a report that includes data to evaluate the success of the program carried out by the eligible local educational agency. Such reports shall utilize the measures of outcomes described in subsection (d). ``(B) State educational agencies.--An eligible State educational agency that receives a grant under this section shall annually submit to the Secretary a report that includes data from the reports submitted to the agency from eligible local educational agencies pursuant to clause (i). ``(2) Report to congress.--Not later than 6 months after the date the Secretary receives reports under subparagraph (A)(ii), the Secretary shall compile the data in the reports and conduct a general analysis of the success of the programs carried out by the local educational agencies involved with subgrant funds received under this section. The Secretary shall prepare a report containing the compilation and general analysis, and submit the report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ``(b) Evaluation and Report.-- ``(1) Evaluation.--Not later than 12 months after the end of the initial subgrant period for eligible local educational agencies under this section, the Secretary shall conduct an in- depth evaluation of the success of the programs carried out by the local educational agencies with subgrant funds received under this section. ``(2) Report to congress.--The Secretary shall prepare a report containing the in-depth evaluation, and submit the report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ``SEC. 4136. TERMS AND COST OF THE GRANT. ``There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2017 and each of the 4 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to subpart 2 of part A of title IV the following: ``subpart 3--training teachers and school professionals in understanding mental health conditions in children ``Sec. 4131. Program authorized. ``Sec. 4132. Grants. ``Sec. 4133. Subgrants. ``Sec. 4134. Evaluations and measures of outcome. ``Sec. 4135. Data collection component. ``Sec. 4136. Terms and cost of the grant.''.

Support Our Students Act of 2016 or the S.O.S. Act of 2016 This bill amends the Elementary and Secondary Education Act of 1965 to direct the Department of Education (ED) to award grants to states and, through them, subgrants to local educational agencies (LEAs) to support or develop programs that will train teachers, school personnel, and specialized instructional support personnel regarding mental health conditions in children. To be eligible to receive such a grant or subgrant, a state or LEA must partner with a mental health organization, family advocacy organization, or community nonprofit organization. Subgrantees shall utilize school counselors, school psychologists, school social workers, or community organizations with experience in mental illness and suicide prevention to develop and conduct the training. The training program must include an annual in-service training component that enables teachers, school personnel, and specialized instructional support personnel to: (1) better understand mental health conditions and the early warning signs in children and adolescents; (2) effectively communicate their mental health concerns with families and consider family perspectives; (3) identify classroom strategies for working effectively with troubled children; and (4) understand school-specific information, including links to mental health services and supports in the school and community. ED shall develop outcome measures for in-depth evaluation of the effectiveness of the training programs.

S.O.S. Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Procedures Protection Act of 1999''. SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended by adding at the end the following new section: ``SEC. 719. EXCLUSIVITY OF POWERS AND PROCEDURES. ``Notwithstanding any Federal law (other than a Federal law that expressly refers to this title) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim arising under this title, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively; and (2) by inserting after section 15 the following new section 16: ``SEC. 16. EXCLUSIVITY OF POWERS AND PROCEDURES. ``Notwithstanding any Federal law (other than a Federal law that expressly refers to this Act) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim arising under this Act, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973. Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) is amended by adding at the end the following new subsection: ``(c) Notwithstanding any Federal law (other than a Federal law that expressly refers to this title) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim arising under section 501, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990. Section 107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117) is amended by adding at the end the following new subsection: ``(c) Notwithstanding any Federal law (other than a Federal law that expressly refers to this Act) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim based on a violation described in subsection (a), such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES. Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any Federal law (other than a Federal law that expressly refers to this section) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim concerning making and enforcing a contract of employment under this section, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR LABOR STANDARDS ACT OF 1938. Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended by adding at the end the following new paragraph: ``(5) Notwithstanding any Federal law (other than a Federal law that expressly refers to this Act) that would otherwise modify any of the powers and procedures expressly applicable to a right or claim arising under this subsection, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993. Title IV of the Family and Medical Leave Act of 1993 (29 U.S.C. 2651 et seq.) is amended-- (1) by redesignating section 405 as section 406; and (2) by inserting after section 404 the following new section: ``SEC. 405. EXCLUSIVITY OF REMEDIES. ``Notwithstanding any Federal law (other than a Federal law that expressly refers to this Act or a provision of subchapter V of chapter 63 of title 5, United States Code) that would modify any of the powers and procedures expressly applicable to a right or claim arising under this Act or under such subchapter such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to enforce such right or resolve such claim through arbitration or another procedure.''. SEC. 9. AMENDMENT TO TITLE 9, UNITED STATES CODE. Section 14 of title 9, United States Code, is amended-- (1) by inserting ``(a)'' before ``This''; and (2) by adding at the end the following new subsection: ``(b) This chapter shall not apply with respect to a claim of unlawful discrimination in employment if such claim arises from discrimination based on race, color, religion, sex, national origin, age, or disability.''. SEC. 10. APPLICATION OF AMENDMENTS. The amendments made by this Act shall apply with respect to claims arising not later than the date of enactment of this Act.

Civil Rights Procedures Protection Act of 1999 - Amends specified Federal civil rights statutes (including title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the equal pay requirement under the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993) to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability.

Civil Rights Procedures Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Long Term Care Security Act''. SEC. 2. INCREASE IN PAYMENT RATES FOR NURSING HOME CARE PROVIDED IN STATE HOMES TO VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Community-Based Facility Rate.--Subchapter V of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1744. Payment for care provided to veterans with service- connected disabilities ``(a) Nursing Home Care.--(1) The Secretary shall pay each State home for nursing home care provided (A) to any veteran in need of such care for a service-connected disability, and (B) to any veteran who is in need of such care and who has a service-connected disability rated at 70 percent or more, at the applicable rate payable under section 1720 of this title for such care furnished in a non-Department nursing home (as defined in subsection (e)(2) of such section). ``(2) Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full under this title to the State home for such care furnished to that veteran.''. (b) Conforming Amendments.--(1) Subsection (a)(1) of section 1741 of such title is amended by striking ``The'' in the matter preceding subparagraph (A) and inserting ``Except as provided in section 1744 of this title, the''. (2) Subsection (a)(4) of section 1710 of such title is amended-- (A) by striking ``and'' before ``the requirement in section 1710B of this title''; and (B) by inserting ``, and the requirement in section 1744 of this title to provide nursing home care and prescription medicines to veterans with service-connected disabilities in State homes'' after ``a program of extended care services''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1743 the following new item: ``1744. Payment for care provided to veterans with service-connected disabilities.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2006, and apply to care furnished in State homes on or after such date. SEC. 3. PROVISION OF PRESCRIPTION MEDICINES FOR VETERANS WITH SERVICE- CONNECTED DISABILITIES RECEIVING CARE IN STATE HOMES. (a) Requirement to Furnish Prescription Medicines.--Section 1744 of title 38, United States Code, as added by section 2, is amended by adding at the end the following new subsection: ``(b) Prescription Medicines.--The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury of a veteran who is provided nursing home care that is payable under subsection (a) in the case of a veteran-- ``(1) who is in need of such drugs and medicines for a service-connected disability; or ``(2) who is in need of such drugs and medicines and who has a service-connected disability rated at 50 percent or more.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2006. SEC. 4. TEMPORARY AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE HOMES. (a) Authority.--Subchapter III of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8138. Treatment of certain health facilities as State homes ``(a) Subject to subsections (b) through (f), the Secretary may treat a health facility as a State home for purposes of subchapter V of chapter 17 of this title if the facility meets the following requirements: ``(1) The facility meets the standards for the provision of nursing home care that is applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility as the Secretary may require. ``(2) The facility is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such facilities. ``(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care. ``(4) The Secretary has made a determination that the treatment of the facility as a State home best meets the needs of veterans in the area for nursing home care. ``(5) The Secretary approves the application submitted by the State with respect to the health facility. ``(b) The Secretary may not treat a health facility as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for under regulations prescribed under section 8134(a) of this title. ``(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed the number of veterans in beds in State homes that otherwise would be permitted in the State involved under regulations prescribed under section 8134(a) of this title. ``(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title. ``(e) In no case may the aggregate number of beds in all facilities treated as State homes under subsection (a) exceed 100. ``(f)(1) The authority of the Secretary to treat a health facility as a State home under subsection (a) shall terminate on the date that is three years after the date of the enactment of the Veterans Long Term Care Security Act. ``(2) Any facility treated as a State home under subsection (a) before the date referred to in paragraph (1) shall continue to be so treated for such time as the facility meets the requirements of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter 81 is amended by inserting after the item relating to section 8137 the following new item: ``8138. Treatment of certain health facilities as State homes.''.

Veterans Long Term Care Security Act - Directs the Secretary of Veterans Affairs to pay for nursing home care furnished in a non-Department of Veterans Affairs (VA) nursing home to any veteran in need of such care: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 70 percent or more. Directs the Secretary to furnish such drugs and medicines as ordered by a duly licensed physician for any veteran in need of such drugs and medicines: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 50 percent or more. Authorizes the Secretary, for three years after the enactment of this Act, to treat certain health facilities as state homes for purposes of eligibility for payments for care provided to veterans.

To amend title 38, United States Code, to ensure appropriate payment for the cost of long term care provided to veterans in State veterans homes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greenhouse Gas Registry Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Carbon dioxide equivalent.--The term ``carbon dioxide equivalent'' means, for each greenhouse gas, the quantity of the greenhouse gas that the Administrator determines, pursuant to section 4, makes the same contribution to global warming as 1 metric ton of carbon dioxide. (3) Climate registry.--The term ``Climate Registry'' means the greenhouse gas emission registry jointly established and managed by more than 40 States and Indian tribes to collect greenhouse gas emission data from entities to support various greenhouse gas emission reporting and reduction policies for the member States and Indian tribes. (4) Covered entity.--The term ``covered entity'' means, for each calendar year-- (A) a facility within the electric power sector that contains a fossil fuel-fired electricity generating unit or units that together emit more than 10,000 carbon dioxide equivalents of greenhouse gas in that year; (B) an industrial facility that emits more than 10,000 carbon dioxide equivalents of greenhouse gas in that year; (C) a facility that produces, or an entity that imports or exports, in that year refined or semirefined petroleum-based, or coal-based, liquid fuel; (D) a local distribution company that in that year delivers natural gas; (E) to the extent that the Administrator considers necessary to achieve the purposes described in section 3, an entity selling or distributing electric energy or an independent system operator; (F) a facility that produces for sale or distribution, or an entity that imports, in that year more than 10,000 carbon dioxide equivalents of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, any other anthropogenic gas designated by the Administrator as a greenhouse gas under section 5, or any combination thereof; (G) a site at which carbon dioxide is geologically sequestered on a commercial scale; and (H) any other entity that the Administrator determines is appropriate in order to carry out the purposes set forth in section 3. (5) Facility.--The term ``facility'' means one or more buildings, structures, or installations of an entity on one or more contiguous or adjacent properties located in the United States. (6) Geologically sequestered.--The term ``geologically sequestered'' means the isolation of greenhouse gases, without reversal, in geological formations, as determined by the Administrator. (7) Greenhouse gas.--The term ``greenhouse gas'' means any of-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) sulfur hexafluoride; (E) a hydrofluorocarbon; (F) a perfluorocarbon; or (G) any other anthropogenic gas designated by the Administrator as a greenhouse gas under section 5. (8) Greenhouse gas emission.--The term ``greenhouse gas emission'' means an emission of a greenhouse gas, including-- (A) stationary combustion source emissions emitted as a result of combustion of fuels in stationary equipment, such as boilers, furnaces, burners, turbines, heaters, incinerators, engines, flares, and other similar sources; (B) process emissions consisting of emissions from chemical or physical processes other than combustion; (C) fugitive emissions consisting of intentional and unintentional emissions from equipment leaks, such as joints, seals, packing, and gaskets, or from piles, pits, cooling towers, and other similar sources; and (D) biogenic emissions resulting from biological processes, such as anaerobic decomposition, nitrification, and denitrification. (9) Industrial facility.--The term ``industrial facility'' means-- (A) any facility in the manufacturing sector (as defined in North American Industrial Classification System codes 31, 32, and 33); (B) any natural gas processing plant; and (C) any other facility that produces petroleum- based or coal-based liquid fuel. (10) Local distribution company.--The term ``local distribution company'' has the meaning given that term in section 2(17) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3301(17)). (11) Reversal.--The term ``reversal'' means an intentional or unintentional release to the atmosphere of a significant quantity, as determined by the Administrator, of greenhouse gas that was sequestered. (12) Sequestered.--The term ``sequestered'' means the separation, isolation, or removal of greenhouse gases from the atmosphere, as determined by the Administrator. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to establish a Federal greenhouse gas registry that-- (A) is national in scope; (B) is complete, consistent, and transparent; and (C) will collect reliable and accurate data that can be used by public and private entities to design and implement efficient and effective energy security initiatives and greenhouse gas emission reduction strategies, including a mandatory, multisector emissions trading scheme or emissions reduction program; and (2) to provide the Administrator better direction and clarity than has been provided in previous laws with respect to the United States need for greenhouse gas emission information. SEC. 4. DETERMINATION OF CARBON DIOXIDE EQUIVALENT VALUE OF GREENHOUSE GASES. (a) Initial Determination.--Not later than 90 days after the date of enactment of this Act, the Administrator shall-- (1) determine the quantity of each greenhouse gas that makes the same contribution to global warming as 1 metric ton of carbon dioxide; and (2) publish such determination in the Federal Register. (b) Methodology.--In determining the quantity of a gas that makes the same contribution to global warming as 1 metric ton of carbon dioxide under this section or section 5, the Administrator shall take into account publications by the Intergovernmental Panel on Climate Change or a successor organization under the United Nations. SEC. 5. DESIGNATION OF GREENHOUSE GASES. The Administrator shall-- (1) designate as a greenhouse gas, for purposes of this Act, any directly emitted anthropogenic gas that is included in the Inventory of United States Greenhouse Gases and Sinks, 1 metric ton of which makes the same or greater contribution to global warming as 1 metric ton of carbon dioxide, as determined by the Administrator; and (2) publish, and update as necessary, in the Federal Register such designation, including the quantity of the gas that the Administrator determines makes the same contribution to global warming as 1 metric ton of carbon dioxide. SEC. 6. REPORTING OF GREENHOUSE GASES. Not later than July 1, 2011, and annually thereafter, each covered entity shall report to the Administrator the greenhouse gas emissions of the covered entity for the prior calendar year, in accordance with the regulations issued under section 7. SEC. 7. REGULATIONS. (a) In General.--Not later than July 1, 2009, the Administrator shall issue regulations establishing a Federal greenhouse gas registry that achieves the purposes described in section 3. Such regulations shall-- (1) ensure the completeness, consistency, transparency, accuracy, precision, and reliability of data submitted by covered entities on-- (A) greenhouse gas emissions in the United States; and (B) the production and manufacture in the United States, and importation into the United States, of fuels and other products the uses of which result in greenhouse gas emissions; (2) take into account the best practices from the most recent Federal, State, tribal, and international protocols for the measurement, accounting, reporting, and verification of greenhouse gas emissions, including protocols from the Climate Registry and other mandatory State or multistate authorized programs; (3) take into account the latest scientific research; (4) require that, wherever feasible, submitted data are monitored using monitoring systems for fuel use, fuel flow, or emissions, such as continuous emission monitoring systems or systems of equivalent precision, reliability, accessibility, and timeliness; (5) require that, if a covered entity is already using a continuous emission monitoring system to monitor mass greenhouse gas emissions under a provision of law in effect as of the date of enactment of this Act that is consistent with this Act, that system be used to monitor submitted data; (6) require reporting at least annually, beginning with reporting on the emission of greenhouse gases during calendar year 2010; (7) include methods for minimizing double reporting and avoiding irreconcilable double reporting of greenhouse gas emissions; (8) include protocols to prevent covered entities from avoiding reporting requirements; (9) include strict protocols for verification of submitted data; (10) establish a means for electronic reporting; (11) ensure verification and auditing of submitted data; (12) establish consistent policies for calculating carbon content and greenhouse gas emissions for each type of fossil fuel reported; (13) provide for immediate public dissemination on the Internet of all verified data reported under this Act that are not-- (A) vital to the national security of the United States, as determined by the President; or (B) confidential business information that cannot be derived from information that is otherwise publically available and that would cause significant calculable competitive harm if published (except that information relating to greenhouse gas emissions shall not be considered to be confidential business information); and (14) prescribe methods by which the Administrator shall, in cases in which satisfactory data are not submitted to the Administrator for any period of time-- (A) replace the missing data with a best estimate of emission levels that may have occurred during the period for which data are missing, in order to ensure that emissions are not underreported or overreported and to create a strong incentive for meeting data monitoring and reporting requirements; and (B) take appropriate enforcement action. (b) Information Gathering Authorities.--For purposes of carrying out this Act and the regulations under this section, the Administrator shall have the same authority as the Administrator has under section 114 of the Clean Air Act. SEC. 8. INTERRELATIONSHIP WITH OTHER SYSTEMS. (a) In General.--The regulations issued under section 7 shall take into account the work done by the Climate Registry and other mandatory State or multistate authorized programs, and shall explain the major differences in approach between the system established under the regulations and the respective registries or programs. (b) No Preemption.--Nothing in this Act preempts any State or regional greenhouse gas registry efforts. SEC. 9. ENFORCEMENT. (a) Civil Actions.--The Administrator may bring a civil action in a United States district court against any entity that fails to comply with any requirement promulgated pursuant to section 7. (b) Penalty.--Any person that has violated or is violating regulations promulgated pursuant to section 7 shall be subject to a civil penalty of not more than $25,000 per day for each violation. (c) Penalty Adjustment.--For each fiscal year after the fiscal year in which this Act is enacted, the Administrator shall, by regulation, adjust the penalty specified in subsection (b) to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 10. EFFECT ON OTHER PROVISIONS. Nothing in this Act, or regulations issued pursuant to this Act, shall affect or be construed to affect the regulatory status of carbon dioxide or any other greenhouse gas, or to expand or limit regulatory authority regarding carbon dioxide or any other greenhouse gas, for purposes of the Clean Air Act. The previous sentence shall not affect implementation and enforcement of this Act.

Greenhouse Gas Registry Act - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) determine and publish the quantity of each greenhouse gas (GHG) that makes the same contribution to global warming as one metric ton of carbon dioxide; and (2) designate as a GHG any directly emitted anthropogenic gas that is included in the Inventory of the United States Greenhouse Gases and Sinks, one metric ton of which makes the same or greater contribution to global warming as one metric ton of carbon dioxide. Directs each covered entity to report to the Administrator its GHG emissions for the prior calendar year. Directs the Administrator to issue regulations establishing a federal GHG registry. Specifies that such regulations shall: (1) ensure accuracy and reliability of data submitted; (2) take into account best practices for measuring, accounting, reporting, and verifying GHG emissions and the latest scientific research; (3) require that submitted data are monitored using monitoring systems for fuel use, fuel flow, or emissions, wherever feasible; (4) require annual reporting on the emission of GHGs; (5) establish consistent policies for calculating carbon content and GHG emissions for each type of fossil fuel reported; (6) provide for immediate public dissemination of data reported, with certain exceptions; and (7) take into account the work done by the Climate Registry and other mandatory state or multistate authorized programs and explain the major differences in approach between the system established under the regulations and the respective registries or programs. Provides that nothing in this Act preempts any state or regional GHG registry efforts. Authorizes the Administrator to bring a civil action against entities that fail to comply with this Act's requirements. Sets forth civil penalties for violations.

To provide for the creation of a Federal greenhouse gas registry, and for other purposes.

SECTION 1. EXEMPTION FROM INCOME TAX FOR STATE-CREATED ORGANIZATIONS PROVIDING PROPERTY AND CASUALTY INSURANCE FOR PROPERTY FOR WHICH SUCH COVERAGE IS OTHERWISE UNAVAILABLE. (a) In General.--Subsection (c) of section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by adding at the end the following new paragraph: ``(28)(A) Any association created before January 1, 1999, by State law and organized and operated exclusively to provide property and casualty insurance coverage for property located within the State for which the State determines, through appropriate State action, that coverage in the authorized insurance market is not reasonably available to a substantial number of insurable real properties (and any successor association) if-- ``(i) no part of the net earnings of which inures to the benefit of any private shareholder or individual, ``(ii) except as provided in clause (v), no part of the assets of which may be used for, or diverted to, any purpose other than-- ``(I) to satisfy, in whole or in part, the liability of the association for, or with respect to, claims made on policies written by the association, ``(II) to invest in investments authorized by applicable law, ``(III) to pay reasonable and necessary administration expenses in connection with the establishment and operation of the association and the processing of claims against the association, or ``(IV) to make remittances pursuant to State law to be used by the State to provide for the payment of claims on policies written by the association, purchase reinsurance covering losses under such policies, or to support governmental programs to prepare for or mitigate the effects of natural catastrophic events, ``(iii) the State law governing the association permits the association to levy assessments on insurance companies authorized to sell property and casualty insurance in the State, or on property and casualty insurance policyholders with insurable interests in property located in the State to fund deficits of the association, including the creation of reserves, ``(iv) the plan of operation of the association is subject to approval by the chief executive officer or other official of the State, by the State legislature, or both, and ``(v) the assets of the association revert upon dissolution to the State, the State's designee, or an entity designated by the State law governing the association, or State law does not permit the dissolution of the association. ``(B)(i) An entity described in clause (ii) (and any successor entity) shall be disregarded as a separate entity and treated as part of the association described in subparagraph (A) from which it receives remittances described in clause (ii) if an election is made within 30 days after the date that such association is determined to be exempt from tax. ``(ii) An entity is described in this clause if it is an entity or fund created before January 1, 1999, pursuant to State law and organized and operated exclusively to receive, hold, and invest remittances from an association described in subparagraph (A) and exempt from tax under subsection (a), to make disbursements to pay claims on insurance contracts issued by such association, and to make disbursements to support governmental programs to prepare for or mitigate the effects of natural catastrophic events.''. (b) Unrelated Business Taxable Income.--Subsection (a) of section 512 of such Code (relating to unrelated business taxable income) is amended by adding at the end the following new paragraph: ``(6) Special rule applicable to organizations described in section 501(c)(28)--In the case of an organization described in section 501(c)(28), the term `unrelated business taxable income' means taxable income for a taxable year computed without the application of section 501(c)(28) if at the end of the immediately preceding taxable year the organization's net equity exceeded 15 percent of the total coverage in force under insurance contracts issued by the organization and outstanding at the end of such preceding year.''. (c) Transitional Rule.--No income or gain shall be recognized by an association as a result of a change in status to that of an association described by section 501(c)(28) of the Internal Revenue Code of 1986, as amended by subsection (a). (d) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2001.

Exempts an organization from income tax if it is created by a State to provide property and casualty insurance coverage for property for which such coverage is otherwise unavailable.

To amend the Internal Revenue Code of 1986 to exempt from income tax State-created organizations providing property and casualty insurance for property for which such coverage is otherwise unavailable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Health Clinic Act of 2007''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) Nearly 8,700,000 children in the United States have no health insurance, including an increase of over 600,000 in the past year. (2) The American Medical Association rates adolescents aged 13 to 18 as the group of Americans with the poorest health indicators. (3) More than 70 percent of children who need psychiatric treatment do not receive services. (4) School-based health centers are located in over 1,700 schools in 43 States, the District of Columbia, and Puerto Rico. (5) School-based health centers ensure access to health care by providing care regardless of a child's ability to pay. (6) Forty-five percent of children and adolescents treated at school-based health centers have no insurance. (7) Forty-four percent of children and adolescents treated at school-based health centers are enrolled in Medicaid, SCHIP, or other public coverage. (8) School-based health centers promote access to providers for many children and adolescents who otherwise would have difficulty seeing a provider. (9) School-based health centers effectively provide primary, preventative, and mental health services to children and adolescents. (10) School-based health centers effectively utilize resources by often leveraging State and local government funds, private contributions, and Medicaid, SCHIP, and private insurance payments. (11) For school-based health centers' target demographic (students with public insurance or who are uninsured), data show that school-based health centers decrease school absences. (12) School-based health centers identify students at risk for health and behavioral problems, thus reducing obstacles to the learning process. (13) School-based health centers administer medication to students with chronic illness, which reduces absences as well as disciplinary action for students with behavioral health problems. (14) Empirical analyses show that school-based health centers reduce Medicaid costs by providing cost-effective and timely care. (15) School-based health centers encourage parental involvement to increase family participation in school- and education-oriented activities. (b) Purpose.--The purpose of this Act is to fund the development and operation of school-based health clinics-- (1) to provide comprehensive and accessible primary health care services to medically underserved children, youth, and families; (2) to improve the physical health, emotional well-being, and academic performance of medically underserved children, youth, and families; and (3) to work in collaboration with the school to integrate health into the overall school environment. SEC. 3. SCHOOL-BASED HEALTH CLINICS. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399Z-1. SCHOOL-BASED HEALTH CLINICS. ``(a) Definitions; Establishment of Criteria.--In this section: ``(1) Community.--The term `community' includes parents, consumers, local leaders, and organizations. ``(2) Comprehensive primary health services.--The term `comprehensive primary health services' means the core services offered by school-based health clinics, which-- ``(A) shall include physical health services and mental health services; and ``(B) may include optional health services such as nutrition, oral health, health education, and case management services. ``(3) Mental health services.--The term `mental health services' means mental health assessments, crisis intervention, counseling, treatment, and referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs. ``(4) Physical health services.--The term `physical health services' means comprehensive health assessments; diagnosis and treatment of minor, acute, and chronic medical conditions; and referrals to, and follow-up for, specialty care. ``(5) School-based health clinic.--The term `school-based health clinic' means a health clinic that-- ``(A) is located on school property; ``(B) is organized through school, community, and health provider relationships; ``(C) is administered by a sponsoring facility; and ``(D) provides, at a minimum, comprehensive primary health services during school hours to children and adolescents by health professionals in accordance with State and local laws and regulations, established standards, and community practice. ``(6) Sponsoring facility.--The term `sponsoring facility' is a community-based organization, which may include-- ``(A) a hospital; ``(B) a public health department; ``(C) a community health center; ``(D) a nonprofit health care agency; ``(E) a school or school system; and ``(F) a program administered by the Indian Health Service or the Bureau of Indian Affairs or operated by an Indian tribe or a tribal organization under the Indian Self-Determination and Education Assistance Act, a Native Hawaiian entity, or an urban Indian program under title V of the Indian Health Care Improvement Act. ``(b) Authority To Award Grants.--The Secretary shall award grants for the costs of the operation of school-based health clinics that meet the requirements of this section. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a school-based health clinic; and ``(2) submit to the Secretary an application at such time and in such manner as the Secretary may require containing-- ``(A) evidence that the applicant meets all criteria necessary to be designated as a school-based health clinic; ``(B) evidence of local need for the services to be provided by the clinic; ``(C) an assurance that-- ``(i) school-based health clinic services will be provided to those children and adolescents for whom parental or guardian consent has been obtained in cooperation with Federal, State, and local laws governing health care services provision to children and adolescents; ``(ii) the clinic has made and will continue to make every reasonable effort to establish and maintain collaborative relationships with other health care providers in the catchment area of the clinic; ``(iii) the clinic will provide on-site access during the academic day when school is in session and 24-hour coverage through an on- call system and through its backup health providers to ensure access to services on a year-round basis when the clinic is closed; ``(iv) the clinic will be integrated into the school environment and will coordinate health services with school personnel, such as administrators, teachers, nurses, counselors, and support personnel, as well as with other community providers co-located at the school; and ``(v) the clinic sponsoring facility assumes all responsibility for the clinic's administration, operations, and oversight; and ``(D) such other information as the Secretary may require. ``(d) Preferences.--In reviewing applications under this section, the Secretary may give preference to applicants who demonstrate an ability to serve the following: ``(1) Communities with evidence of barriers to primary health care and mental health services for children and adolescents. ``(2) Communities that have consistently scored poorly on child and adolescent standardized health indicator reports. ``(3) Communities with high percentages of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs. ``(4) Populations of children and adolescents that have demonstrated difficulty historically in accessing physical and mental health services. ``(e) Waiver of Requirements.--The Secretary may, under appropriate circumstances, waive the application of all or part of the requirements of this section with respect to a school-based health clinic for a designated period of time to be determined by the Secretary. ``(f) Use of Funds.-- ``(1) Funds.--Funds awarded under a grant under this section may be used for-- ``(A) acquiring and leasing buildings and equipment (including the costs of amortizing the principle of, and paying interest on, loans for such buildings and equipment); ``(B) providing training related to the provision of comprehensive primary health services and additional health services; ``(C) managing a school-based health clinic; ``(D) paying the salaries of physicians and other personnel; and ``(E) purchasing medical supplies, medical equipment, office supplies, and office equipment. ``(2) Amount.--The amount of any grant made under this section in any fiscal year to a school-based health clinic shall be determined by the Secretary, taking into account-- ``(A) the financial need of the clinic; ``(B) State, local, or other operation funding provided to the clinic; and ``(C) other factors as determined appropriate by the Secretary. ``(g) Technical Assistance.--The Secretary shall establish a program through which the Secretary provides (either through the Department of Health and Human Services or by grant or contract) technical and other assistance to school-based health clinics to assist such clinics to meet the requirements of subsection (c)(2)(C). Services provided through the program may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to the entities of the variety of resources available under this title and how those resources can be best used to meet the health needs of the communities served by the entities. ``(h) Evaluation.--The Secretary shall develop and implement a plan for evaluating school-based health clinics receiving funds under this section and monitoring the quality of their performance. ``(i) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2009, $55,000,000 for fiscal year 2010, $60,500,000 for fiscal year 2011, $66,550,000 for fiscal year 2012, and $73,200,000 for fiscal year 2013.''.

School-Based Health Clinic Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants for the cost of operating school-based health clinics to provide comprehensive primary health services (which include physical and mental health services, and which may include optional services such as nutrition, oral health, health education, and case management services) during school hours to children and adolescents by health professionals. Requires such clinics to: (1) provide services to children and adolescents for whom parental or guardian consent has been obtained; (2) provide on-site access during the academic day when school is in session and 24-hour coverage through an on-call system and backup health providers to ensure access to services on a year-round basis. Allows the Secretary to give preference to applicants who demonstrate an ability to serve: (1) communities with evidence of barriers to primary health care and mental health services for children and adolescents; (2) communities that have consistently scored poorly on child and adolescent standardized health indicator reports; (3) communities with high percentages of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs; and (4) populations of children and adolescents that have demonstrated difficulty historically in accessing health and mental health services. Requires the Secretary to: (1) establish a program to provide technical and other assistance to clinics; and (2) implement a plan for evaluating clinics and monitoring the quality of their performance.

To amend the Public Health Service Act to establish a school-based health clinic program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tariff Relief Assistance for Developing Economies Act of 2005'' or as the ``TRADE Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the mutual interest of the United States and the least-developed countries to promote stable and sustainable economic growth and development. (2) Trade and investment are powerful economic tools and a country may use trade and investment to reduce poverty and raise the standard of living in that country. (3) A country that is open to trade may increase its economic growth. (4) Twenty-five percent of the world's population survives on less than one dollar per day. (5) Unemployment rates in least-developed countries are extremely high, including unemployment rates in some countries of up to 70 percent. (6) Trade and investment often lead to employment opportunities and often help alleviate poverty. (7) Least-developed countries have a particular challenge in meeting the economic requirements and competitiveness of globalization and international markets. (8) The United States has recognized the benefits of trade to least-developed countries by enacting the Generalized System of Preferences and trade benefits for developing countries in the Caribbean, Andean, and sub-Saharan African regions of the world. (9) The challenges of the global trading environment for least-developed countries are even greater given the end of the Multi-Fiber Arrangement in 2005, and certain least-developed countries, including Bangladesh, Cambodia, and Nepal, are particularly vulnerable to the changes that will result from the end of that Arrangement. (10) Responding to the needs of least-developed countries would be consistent with other United States trade objectives, including encouraging forward progress on the WTO Doha Development Round. (11) Enhanced trade with the Muslim least-developed countries, including Yemen, Afghanistan, and Bangladesh, is consistent with other United States objectives of encouraging a strong private sector and individual economic empowerment in those countries. (12) Offering least-developed countries enhanced trade preferences will encourage both higher levels of trade and direct investment in support of positive economic and political developments throughout the region and the world. (13) Encouraging the reciprocal reduction of trade and investment barriers will enhance the benefits of trade and investment as well as enhance commercial and political ties between the United States and the beneficiary countries. (14) Economic opportunity and engagement in the global trading system together with support for democratic institutions and a respect for human rights are mutually- reinforcing objectives and key elements of a policy to confront and defeat global terrorism. (15) A powerful earthquake and tsunami struck in the Indian Ocean on December 26, 2004. (16) The destruction caused by the tsunami in Sri Lanka was devastating and included the loss of an estimated 30,000 people and physical damage that will cost an amount equal to 6.5 percent of annual economy of Sri Lanka to repair. (17) The effects of lost businesses and reconstruction costs caused by the tsunami damage will result in a drop in the economic growth of Sri Lanka. (18) Senate Resolution 4, 109th Congress, agreed to January 4, 2005, expressed the support of the Senate for the long-term commitment and engagement of the United States to provide financial aid and other forms of direct and indirect assistance to the countries and peoples of the region impacted by the earthquake and the tsunami. (19) Duty preferences that assist Sri Lanka in the United States market will help Sri Lanka rebuild and overcome the economic destruction caused by the tsunami. SEC. 3. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS. (a) Authority To Designate.-- (1) In general.--Notwithstanding any other provision of law, the President is authorized to designate a TRADE ACT of 2005 country as a beneficiary TRADE Act of 2005 country eligible for benefits described in section 4-- (A) if the President determines that the country meets the requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703); and (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 502 of the Trade Act of 1974 (19 U.S. C. 2462 (a), (d), and (e)), if the country otherwise meets the eligibility criteria set forth in such section 502. (2) Application of section 104.--Section 104 of the African Growth and Opportunity Act shall be applied for purposes of paragraph (1) by substituting ``TRADE Act of 2005 country'' for ``sub-Saharan African country'' each place it appears. (b) Countries Eligible for Designation.--For purposes of this Act, the term ``TRADE Act of 2005 country'' refers to the following or their successor political entities: (1) Afghanistan. (2) Bangladesh. (3) Bhutan. (4) Cambodia. (5) Kiribati. (6) Lao People's Democratic Republic. (7) Maldives. (8) Nepal. (9) Samoa. (10) Solomon Islands. (11) Timor-Leste (East Timor). (12) Tuvalu. (13) Vanuatu. (14) Yemen. (c) Sri Lanka Economic Emergency Support.--For purposes of this Act, the President may also designate Sri Lanka as beneficiary TRADE Act of 2005 country eligible for benefits described in section 4. SEC. 4. TRADE ENHANCEMENT. (a) Benefits Described.--The benefits described in this section are as follows: (1) Preferential tariff treatment for certain articles.-- (A) In general.--The President may provide duty- free treatment for any article described in section 503(b)(1) (B) through (G) of the Trade Act of 1974 (19 U.S.C.2463(b)(1) (B) through (G)) that is the growth, product, or manufacture of a beneficiary TRADE Act of 2005 country described, if, after receiving the advice of the International Trade Commission in accordance with section 503(e) of the Trade Act of 1974, the President determines that such article is not import- sensitive in the context of imports from beneficiary TRADE Act of 2005 countries. (B) Rules of origin.--The duty-free treatment provided under subparagraph (A) shall apply to any article described in that paragraph that meets the requirements of section 503(a)(2) of the Trade Act of 1974, except that-- (i) if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (A) of section 503(a)(2) of the Trade Act of 1974; and (ii) the cost or value of the materials included with respect to that article that are produced in one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries shall be applied in determining such percentage. (2) Textile and apparel articles.-- (A) In general.--The preferential treatment relating to textile and apparel articles described in section 112 (a) and (b) (1) and (2) of the African Growth and Opportunity Act (19 U.S.C. 3721 (a) and (b) (1) and (2)) shall apply to textile and apparel articles imported directly into the customs territory of the United States from a beneficiary TRADE Act of 2005 country and such section shall be applied for purposes of this subparagraph by substituting ``TRADE Act of 2005 country'' and ``TRADE Act of 2005 countries'' for ``sub-Saharan African country'' and ``sub-Saharan African countries'', respectively, each place such terms appear. (B) Apparel articles assembled from regional and other fabric.--In applying such section 112, apparel articles wholly assembled in one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries, or both, from fabric wholly formed in one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries, or both, from yarn originating either in the United States or one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States, one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries, or any combination thereof), whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit- to-shape described in section 112(b) (1) or (2) of the African Growth and Opportunity Act (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in such section 112(b) (1) or (2) subject to the following: (i) Limitations on benefits.-- (I) In general.--Preferential treatment under this subparagraph shall be extended in the 1-year period beginning January 1, 2005, and in each of the succeeding 10 1-year periods, to imports of apparel articles described in this subparagraph in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. (II) Applicable percentage.--For purposes of this clause, the term ``applicable percentage'' means 11 percent for the 1-year period beginning January 1, 2005, increased in each of the 10 succeeding 1-year period by equal increments, so that for the period beginning January 1, 2014, the applicable percentage does not exceed 14 percent. (ii) Special rule.-- (I) In general.--Subject to clause (i), preferential treatment described in this subparagraph shall be extended through December 31, 2011, for apparel articles wholly assembled in one or more beneficiary TRADE Act of 2005 countries or former beneficiary TRADE Act of 2005 countries, or both, regardless of the country of origin of the yarn or fabric used to make such articles. (II) Country limitations.-- (aa) Small suppliers.--If during the preceding 1-year period beginning on January 1 for which data are available, imports from a beneficiary TRADE Act of 2005 country are less than 1 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during such period, such imports may increase to an amount that is equal to not more than 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during such period. (bb) Other suppliers.--If during the preceding 1-year period beginning on January 1 for which data are available, imports from a beneficiary TRADE Act of 2005 country are at least 1 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during such period, such imports may increase, during each subsequent 12-month period, by an amount that is equal to not more than one-third of 1 percent of the aggregate square meter equivalents of all apparel articles imported into the United States. (cc) Aggregate country limit.--In no case may the aggregate quantity of textile and apparel articles imported into the United States under this subparagraph exceed the applicable percentage set forth in clause (i). (C) Other restrictions.--The provisions of section 112(b) (3)(C), (4), (5), (6), and (7), and (d), and section 113 of the African Growth and Opportunity Act (19 U.S.3721(b) (3)(C), (4), (5), (6), and (7), and (d), and 3722) shall apply with respect to the preferential treatment extended under this Act to a beneficiary TRADE Act of 2005 country by substituting ``TRADE Act of 2005 country'' for ``sub-Saharan African country'' and ``TRADE Act of 2005 countries'' and ``former TRADE Act of 2005 countries'' for ``sub- Saharan African countries'' wherever appropriate. SEC. 5. REPORTING REQUIREMENT. The President shall monitor, review, and report to Congress, not later than 1 year after the date of enactment of this Act, and annually thereafter, on the implementation of this Act and on the trade and investment policy of the United States with respect to the TRADE Act of 2005 countries. SEC. 6. DEFINITIONS. In this Act: (1) Beneficiary trade act of 2005 country.--The term ``beneficiary TRADE Act of 2005 country'' means a country listed in subsection (b) or (c) of section 3 that the President has determined is eligible for preferential treatment under this Act. (2) Former trade act of 2005 country.--The term ``former TRADE Act of 2005 country'' means a country that, after being designated as a beneficiary TRADE Act of 2005 country under this Act, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States. SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT. No duty-free treatment or other preferential treatment extended to a beneficiary TRADE Act of 2005 country under this Act shall remain in effect after December 31, 2014. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 2005.

Tariff Relief Assistance for Developing Economies Act of 2005 (TRADE Act of 2005) - Authorizes the President to designate Afghanistan, Bangladesh, Bhutan, Cambodia, Kiribati, Lao People's Democratic Republic, Maldives, Nepal, Samoa, Solomon Islands, Timor-Leste (East Timor), Tuvalu, Vanuatu, Yemen, and Sri Lanka or their successor political entities (TRADE Act of 2005 countries) as beneficiary TRADE Act of 2005 countries eligible to receive duty-free treatment for certain articles that are the growth, product, or manufacture of such countries, if after receiving the advice of the International Trade Commission (ITC) the President determines that such articles are not import-sensitive in the context of imports from such countries. Conditions such designation upon eligibility requirements of the African Growth and Opportunity Act (AGOA) and the Trade Act of 1974. Prescribes the rule of origin for the articles for the duty-free treatment. Applies duty-free treatment, without any quantitative limitations, granted to textile and apparel articles under AGOA to articles imported directly into the U.S. customs territory from a beneficiary TRADE Act of 2005 country if their assembly meets specified U.S. origin requirements. Grants AGOA preferential treatment for apparel articles assembled in one or more beneficiary TRADE Act of 2005 countries or such former countries, or both, from regional fabric from yarn originating either in the United States or one or more of such countries. Establishes: (1) limitations on such preferential treatment; and (2) special rules for apparel articles wholly assembled in one or more beneficiary TRADE Act of 2005 countries or former beneficiary countries, or both, regardless of the country of origin of the yarn or fabric used to make such articles; and (3) applicable percentages of such benefits.

A bill to extend certain trade preferences to certain least-developed countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''. SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND. (a) Amounts in Fund.--Section 1802 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g-1) is amended-- (1) in subsection (a)-- (A) by striking ``$518,233,333'' and inserting ``$790,000,000''; and (B) by striking ``the Energy Policy Act of 1992'' and inserting ``the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''; (2) in subsection (c), by inserting after ``adjusted for inflation'' the following: ``beginning 1 year after the date of enactment of the Energy Policy Act of 1992''; (3) in subsection (d), by striking ``15 years after the date of the enactment of this title'' and inserting ``12 years after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''; and (4) in subsection (e)-- (A) in paragraph (1), by striking ``15 years after the date of the enactment of this title'' and inserting ``12 years after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''; and (B) in paragraph (2), by striking ``under such subsection'' and inserting ``during the 12-year period beginning on the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''. (b) Reports.--Section 1805 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g-4) is amended-- (1) in the first sentence, by striking ``the date of the enactment of this title'' and inserting ``the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''; and (2) in the second sentence, by striking ``5th report submitted under this section'' and inserting ``third report submitted after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009''. SEC. 3. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED PARTICIPANTS. (a) Authorization for Payment to Affected Participants.--To the extent provided in advance in appropriations Acts, the Secretary of Energy (referred to in this Act as the ``Secretary'')-- (1) shall establish a program under which the Secretary shall pay any affected participant described in subsection (b) a one-time lump sum payment in an amount to be determined by the Secretary under subsection (c); and (2) may contract for the procurement of information necessary to enable the Secretary to effectively carry out the provisions of this section. (b) Affected Participant.--For the purposes of this section, an affected participant is a person described under section 3110(a)(6)(B) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)). (c) Determination of Payment for Affected Participants.-- (1) In general.--The Secretary shall pay an affected participant, pursuant to an application timely filed by such participant, a one-time lump sum payment equal to an amount which bears the same ratio to the total recoverable amount described in paragraph (2) as the actuarial present value of the accrued benefits of the affected participant under the pension plan from which a transfer of plan assets and liabilities required under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of immediately before the transfer) bears to the actuarial present value of the accrued benefits of all affected participants under the pension plan from which the transfer under such section was made (as of immediately before the transfer). (2) Total recoverable amount.--For purposes of this subsection, the total recoverable amount is an amount equal to the excess of-- (A) the present value of benefits that would have been accrued or accruable by all affected participants under the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act was made if such transfer had not occurred and if benefit increases had occurred, in connection with the transferred liabilities, under such plan equivalent to benefit increases that have occurred under such plan in connection with the other liabilities under such plan, over (B) the present value of benefits accrued or accruable by all such affected participants under the pension plan to which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made. (3) Considerations.--In determining a payment under this section, the Secretary shall consider, with respect to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made and the pension plan to which such transfer was made, benefits accrued as of the date of enactment of this Act and accruable through attainment of normal retirement age, assuming continued service under the plan until attainment of such age and the same rate of basic pay subject to increases reflective of reasonably anticipated increases in the cost of living. (4) Successor plans.--For the purposes of paragraphs (2) and (3), any reference to the pension plan from which the transfer under section 3110(a)(2) of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to any successor to such plan (other than the pension plan to which the transfer required by such section was made) if such successor plan received assets in excess of the actuarial present value of accrued benefits under such plan upon succession. (d) Pro Rata Reduction of Payment.--The Secretary shall provide for pro rata reductions in payment amounts determined by the Secretary under subsection (c) to affected participants described in subsection (b) to the extent necessary to adjust for amounts provided in appropriation Acts for purposes of the program under subsection (a). (e) Determination of Findings of Fact.--The Secretary may make findings of facts and decisions as to the rights of any affected participant applying for a payment under this section. (f) Rulemaking.--Not later than 60 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this section. Such regulations shall provide a requirement for applicants for payments under this section to consent to the release of any information requested by the Secretary. (g) Public Notice.--To the extent practicable, the Secretary shall provide notice to individuals who may be eligible to receive a payment under this section. (h) Application for Payment.--To be eligible for a payment under this section, an affected participant shall prepare and submit to the Secretary an application-- (1) not later than 240 days after the date of enactment of this Act; (2) in such manner; and (3) containing such information as the Secretary requires. (i) Timely Payments.--To the extent practicable, the Secretary shall determine and make a payment to an affected participant not later than 180 days after such participant's submission of an application for payment under subsection (h). (j) Election To Treat Payment as Rollover Contribution to IRA.-- (1) In general.--Any affected participant who receives a payment under this section may, at any time during the 1-year period beginning on the day after the date on which such payment was received, make one or more contributions in an aggregate amount not to exceed the amount of such payment to an individual retirement plan (as defined by section 7701(a)(37) of the Internal Revenue Code of 1986). (2) Treatment of contributions to iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made to an individual retirement plan pursuant to paragraph (1), then-- (A) except as provided in paragraph (3), such contribution shall not be included in gross income, and (B) to the extent of the amount of such contribution, such contribution shall be treated-- (i) as a distribution described in section 408(d)(3) of such Code, and (ii) as having been transferred to the individual retirement account in a direct trustee to trustee transfer within 60 days of the distribution. (3) Special rule for roth iras.--If a contribution is made under paragraph (1) to a Roth IRA, such contribution shall be includible in gross income and, unless the taxpayer elects not to have this clause apply, such contribution shall be so included ratably over the 2-taxable-year period beginning with the first taxable year in which such contribution is made. (k) Hearing and Judicial Review.-- (1) Hearing.-- (A) In general.--Upon request by any affected participant applying for a payment under this section, who makes a showing in writing that such participant's rights may have been prejudiced by any decision the Secretary has rendered, the Secretary shall give such participant reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Secretary's findings of fact and such decision. (B) Request for hearing.--Any request for a hearing under this subsection must be filed within 60 days after notice of a decision by the Secretary is received by the affected participant making such a request. (C) Secretary.--The Secretary is further authorized, on the Secretary's own motion, to hold such hearings and to conduct such investigations and other proceedings as the Secretary may deem necessary or proper for the administration of this section. (2) Judicial review.-- (A) In general.--Any affected participant, after any final decision of the Secretary made after a hearing to which such participant was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to such participant of notice of such decision or within such further time as the Secretary may allow. (B) Jurisdiction and venue.--An action under this section shall be brought in the district court of the United States for the judicial district in which the affected participant plaintiff resides, or where such plaintiff has a principal place of business, or, if such plaintiff does not reside or have a principal place of business within any such judicial district, in the United States District Court for the District of Columbia. (C) Judicial determination.--The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. (D) Final judgment.--The judgment of the court shall be final, except that it shall be subject to review in the same manner as a judgment in other civil actions. (E) Change in secretary.--Any action instituted in accordance with this section shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (l) Secretary's Responsibility; No Third Party Liability.-- (1) Secretary's responsibility.--The Secretary shall be responsible for all payments and costs under this section, for reporting payments to affected participants and the Internal Revenue Service on Form number 1099R (or such other form as required by the Internal Revenue Service) for income tax purposes, and for answering questions relating to the implementation of this section for affected participants and applicants for payment. In no event shall the current or former employer of an affected participant or applicant be responsible for providing communication, making payments, reporting payments, answering questions, or providing calculations. (2) No third party liability.--Nothing in this section shall be deemed to impose any liability or cost, or authorize any claim against the operator of the Department of Energy's uranium enrichment facility in Paducah, Kentucky, or against any person or entity other than the Secretary. (m) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such amounts as necessary to carry out this section. SEC. 4. RE-ENRICHMENT PLAN. (a) Plan.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop, complete, and publish in the Federal Register, a plan to re-enrich and sell certain cylinders of uranium tailings. (b) Contents.--The plan under subsection (a) shall provide for the following: (1) Re-enrichment requirement.-- (A) Requirement.--The Secretary shall seek to enter into a contract with the operator of the Department of Energy's uranium enrichment facility in Paducah, Kentucky, for the re-enrichment of cylinders of uranium tailings, with an assay of such value as the Secretary finds economically suitable, located at Government- owned uranium enrichment sites in Paducah, Kentucky, and Portsmouth, Ohio. (B) Amount.--A contract under subparagraph (A) shall provide for re-enrichment at the Paducah facility of 50 percent of the materials in the cylinders described in subparagraph (A). (C) Schedule.--A contract under subparagraph (A) shall provide for re-enrichment to begin not later than 90 days after the date of the publication in the Federal Register of the plan under this section, subject to plant capacity and availability. (D) Suspension or cancellation.--The Secretary may suspend or cancel a contract under subparagraph (A) for re-enrichment, in accordance with the Federal Acquisition Regulation, if the Secretary determines-- (i) the operator of the Paducah facility has not fulfilled obligations regarding such re-enrichment under the contract; or (ii) economic considerations are not conducive to carry out the contract at that time. (2) Sale of product of re-enrichment.--The Secretary shall sell or contract for the sale of the product of re-enrichment carried out pursuant to paragraph (1). (3) Sale of remaining uranium tailings.-- (A) In general.--The Secretary shall sell 50 percent of the materials in the cylinders described in subparagraph (A) of paragraph (1) to qualified buyers. (B) Qualified buyer.--For purposes of this paragraph, the term ``qualified buyer'' means any entity licensed, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), to possess materials in the cylinders described in subparagraph (A) of paragraph (1). (C) Preference.--In selling the materials in the cylinders described in subparagraph (A) of paragraph (1), the Secretary shall give preference to qualified buyers committed (as determined by the Secretary) to re-enrichment of such materials in the United States. (D) Additional contract for material not sold.--The Secretary shall seek to enter into a contract with the operator of the Department of Energy's uranium enrichment facility in Paducah, Kentucky, for the re- enrichment of any materials in the cylinders described in subparagraph (A) of paragraph (1) not sold pursuant to subparagraph (A) of this paragraph. (4) Unable to contract.--If the Secretary does not enter into a contract under subparagraph (A) of paragraph (1) within 270 days after the date of enactment of this Act, the Secretary may do either or both of the following: (A) Defer negotiation of such a contract until not later than the last day of calendar year 2014. (B) Sell the amount of the materials in the cylinders described in subparagraph (B) of paragraph (1) under terms consistent with the plan under this section.

Uranium Enrichment Decontamination and Decomissioning Fund Reauthorization Act of 2009 - Amends the Atomic Energy Act of 1954 to reauthorize, and increase the maximum mandatory amounts in, the Uranium Enrichment Decontamination and Decommissioning Fund. Directs the Secretary of Energy to establish a program to pay any affected participant under the USEC Privatization Act a one-time sum payment of benefits in an amount to be determined by the Secretary. Limits affected participants to persons who: (1) retired from active employment at one of the gaseous diffusion plants on or before the United States Enrichment Corporation (USEC) privatization date as vested participants in a pension; and (2) are employed by the USEC's operating contractor on or before the privatization date and are vested participants in a pension plan. Directs the Secretary to develop, complete, and publish in the Federal Register a plan to re-enrich and sell certain cylinders of uranium tailings.

To reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund, to authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC Privatization Act for benefit increases not received, to direct the Secretary of Energy to provide a plan for the re-enrichment of certain uranium tailings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Social Work Training Act of 2005''. SEC. 2. SOCIAL WORK STUDENTS. (a) Health Professions Schools.--Section 736(g)(1)(A) of the Public Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by striking ``graduate program in behavioral or mental health'' and inserting ``graduate program in behavioral or mental health, including a school offering graduate programs in clinical social work, or programs in social work''. (b) Scholarships.--Section 737(d)(1)(A) of the Public Health Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by striking ``mental health practice'' and inserting ``mental health practice (including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work)''. (c) Faculty Positions.--Section 738(a)(3) of the Public Health Service Act (42 U.S.C. 293b(a)(3)) is amended by striking ``offering graduate programs in behavioral and mental health'' and inserting ``offering graduate programs in behavioral and mental health, including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work''. SEC. 3. GERIATRICS TRAINING PROJECTS. Section 753(b)(1) of the Public Health Service Act (42 U.S.C. 294c(b)(1)) is amended by inserting ``schools offering degrees in social work,'' after ``teaching hospitals,''. SEC. 4. SOCIAL WORK TRAINING PROGRAM. Subpart 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended-- (1) by redesignating section 770 as section 770A; (2) by inserting after section 769, the following: ``SEC. 770. SOCIAL WORK TRAINING PROGRAM. ``(a) Training Generally.--The Secretary may make grants to, or enter into contracts with, any public or nonprofit private hospital, any school offering programs in social work, or to or with a public or private nonprofit entity that the Secretary has determined is capable of carrying out such grant or contract-- ``(1) to plan, develop, and operate, or participate in, an approved social work training program (including an approved residency or internship program) for students, interns, residents, or practicing physicians; ``(2) to provide financial assistance (in the form of traineeships and fellowships) to students, interns, residents, practicing physicians, or other individuals, who-- ``(A) are in need of such assistance; ``(B) are participants in any such program; and ``(C) plan to specialize or work in the practice of social work; ``(3) to plan, develop, and operate a program for the training of individuals who plan to teach in social work training programs; and ``(4) to provide financial assistance (in the form of traineeships and fellowships) to individuals who are participants in any such program and who plan to teach in a social work training program. ``(b) Academic Administrative Units.-- ``(1) In general.--The Secretary may make grants to or enter into contracts with schools offering programs in social work to meet the costs of projects to establish, maintain, or improve academic administrative units (which may be departments, divisions, or other units) to provide clinical instruction in social work. ``(2) Preference in making awards.--In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of-- ``(A) establishing an academic administrative unit for programs in social work; or ``(B) substantially expanding the programs of such a unit. ``(c) Duration of Award.--The period during which payments are made to an entity from an award of a grant or contract under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments. ``(d) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2006 through 2008. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 20 percent for awards of grants and contracts under subsection (b).''; and (3) in section 770A (as redesignated by paragraph (1)) by inserting ``other than section 770,'' after ``carrying out this subpart,''. SEC. 5. CLINICAL SOCIAL WORKER SERVICES. Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is amended-- (1) in paragraphs (1) and (2), by inserting ``clinical social worker,'' after ``psychologist,'' each place the term appears; (2) in paragraph (4)(A), by striking ``and psychologists'' and inserting ``psychologists, and clinical social workers''; and (3) in paragraph (5), by inserting ``clinical social work,'' after ``psychology,''.

Strengthen Social Work Training Act of 2005 - Amends the Public Health Service Act to include clinical psychology and social work programs among eligible health education programs for purposes of receiving grants to: (1) support programs for underrepresented minorities; (2) provide scholarships to disadvantaged students; and (3) offer faculty positions to disadvantaged students. Allows the Secretary of Health and Human Services to make grants to, and enter into contracts with: (1) schools offering degrees in social work to provide support for geriatric training projects; (2) hospitals, schools, or other entities to plan or operate an approved social work training program and to provide financial assistance to program participants that are planning to specialize, work, or teach in the field of social work; and (3) schools offering social work programs to establish, maintain, or improve academic administrative units to provide clinical instruction in social work. Authorizes health maintenance organizations (HMOs) to offer health services through a clinical social worker as provided for under State law.

A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under certain programs to assist individuals in pursuing health careers and programs of grants for training projects in geriatrics, and to establish a social work training program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Insurance Capital Standards Accountability Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office shall support increasing transparency at any global insurance or international standard-setting regulatory or supervisory forum in which they participate, including supporting and advocating for greater public observer access to working groups and committee meetings of the International Association of Insurance Supervisors; and (2) to the extent that the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office take a position or reasonably intend to take a position on an insurance proposal by a global insurance regulatory or supervisory forum, the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office shall achieve consensus positions with State insurance regulators through the National Association of Insurance Commissioners, when they are United States participants in negotiations on insurance issues before the International Association of Insurance Supervisors, Financial Stability Board, or any other international forum of financial regulators or supervisors that considers such issues. SEC. 3. INSURANCE POLICY ADVISORY COMMITTEE. (a) Establishment.--There is established the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues at the Board of Governors of the Federal Reserve System. (b) Membership.--The Commission shall be composed of not more than 21 members, all of whom represent a diverse set of expert perspectives from the various sectors of the United States insurance industry, including life insurance, property and casualty insurance and reinsurance, agents and brokers, academics, consumer advocates, or experts on issues facing underserved insurance communities and consumers. SEC. 4. REPORTS. (a) In General.-- (1) Reports and testimony by secretary of the treasury and chairman of the federal reserve.-- (A) In general.--The Secretary of the Treasury and the Chairman of the Federal Reserve, or their designee, shall submit to the Banking, Housing, and Urban Affairs Committee of the Senate, and the Financial Services Committee of the House of Representatives, an annual report and provide annual testimony to the Banking, Housing, and Urban Affairs Committee of the Senate, and the Financial Services Committee of the House of Representatives on the efforts of the Secretary and the Chairman with the National Association of Insurance Commissioners with respect to global insurance regulatory or supervisory forums, including-- (i) a description of the insurance regulatory or supervisory standard-setting issues under discussion at international standard-setting bodies, including the Financial Stability Board and the International Association of Insurance Supervisors; (ii) a description of the effects that proposals discussed at international insurance regulatory or supervisory forums of insurance could have on consumer and insurance markets in the United States; (iii) a description of any position taken by the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office in international insurance discussions; and (iv) a description of the efforts by the Secretary of the Treasury, Director of the Federal Insurance Office, and the Board of Governors of the Federal Reserve System to increase transparency at the Financial Stability Board with respect to insurance proposals and the International Association of Insurance Supervisors, including efforts to provide additional public access to working groups and committees of the International Association of Insurance Supervisors. (B) Termination.--This paragraph shall terminate on December 31, 2018. (2) Reports and testimony by national association of insurance commissioners.--The National Association of Insurance Commissioners may provide testimony to Congress on the issues described in paragraph (1)(A). (3) Joint report by the chairman of the federal reserve and the director of the federal insurance office.-- (A) In general.--The Secretary of the Treasury, Chairman of the Federal Reserve, and the Director of the Federal Insurance Office shall, in consultation with the National Association of Insurance Commissioners, complete a study on, and submit to Congress a report on the results of the study, the impact on consumers and markets in the United States before supporting or consenting to the adoption of any key elements in any international insurance proposal or international insurance capital standard. (B) Notice and comment.-- (i) Notice.--The Secretary of the Treasury, Chairman of the Federal Reserve, and the Director of the Federal Insurance Office shall provide notice before the date on which drafting the report is commenced and after the date on which the draft of the report is completed. (ii) Opportunity for comment.--There shall be an opportunity for public comment for a period beginning on the date on which the report is submitted under subparagraph (A) and ending on the date that is 60 days after the date on which the report is submitted. (C) Review by comptroller general.--The Secretary of the Treasury, Chairman of the Federal Reserve, and the Director of the Federal Insurance Office shall submit to the Comptroller General of the United States the report described in subparagraph (A) for review. (4) Report on reduction in transparency.--Not later than 180 days after the date of enactment of this Act, the Chairman of the Federal Reserve and the Secretary of the Treasury, or their designees, shall submit to Congress a report and provide testimony to Congress on the efforts of the Chairman and the Secretary to increase transparency at meetings of the International Association of Insurance Supervisors.

International Insurance Capital Standards Accountability Act of 2015 This bill establishes at the Board of Governors of the Federal Reserve System the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues, a 21-member committee representing diverse expert perspectives from the U.S. insurance industry (including life insurance, property and casualty insurance and reinsurance, agents and brokers, academics, consumer advocates, or experts on issues facing underserved insurance communities and consumers). The Secretary of the Treasury and the Board Chairman shall report annually to certain congressional committees on their efforts with the National Association of Insurance Commissioners regarding global insurance regulatory or supervisory forums. The Secretary, the Board Chairman, and the Director of the Federal Insurance Office, before supporting or consenting to the adoption of any key element in any international insurance proposal or international insurance capital standard, must study its impact upon U.S. markets and consumers. The Secretary and the Board Chairman must also report, as well as testify to Congress on their efforts to increase transparency at meetings of the International Association of Insurance Supervisors.

International Insurance Capital Standards Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Medicaid Funding Act of 1993''. SEC. 2. CHANGE IN FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) In General.--Subsection (b) of section 1905 of the Social Security Act (42 U.S.C. 1396d(b)) is amended to read as follows: ``(b)(1)(A) Except as provided in paragraph (3), the term `Federal medical assistance percentage' means, for each of the 50 States and the District of Columbia, 100 percent reduced by the product of the applicable percentage (as defined in subparagraph (B)) and the ratio of-- ``(i)(I) for each of the 50 States, the total taxable resources ratio (as defined in subparagraph (C)) of the State, or ``(II) for the District of Columbia, the per capita income ratio (as defined in subparagraph (D)), to-- ``(ii) the population in poverty ratio (as defined in subparagraph (E)) of the State or District. ``(B)(i) For purposes of this subsection, the term `applicable percentage' means a percentage estimated by the Secretary with the advice of the General Accounting Office that, when applied under subparagraph (A), would result in an amount of aggregate payments under section 1903(a) for calendar years 1994 through 1998 equal to the amount of aggregate payments that would have been made under such section for quarters in such years if this subsection were applied as in effect on the day before the date of the enactment of the Medicaid Fairness in Funding Act of 1993. ``(ii) The applicable percentage estimated by the Secretary under clause (i) shall continue to apply with respect to quarters beginning after calendar year 1998. ``(C) For purposes of this subsection, the term `total taxable resources ratio' means-- ``(i) an amount equal to the most recent 3-year average of the total taxable resources of the State, as determined by the Secretary of the Treasury, divided by ``(ii) an amount equal to the sum of the 3-year averages determined under clause (i) for each of the 50 States. ``(D) For purposes of this subsection, the term `per capita income ratio' means-- ``(i) an amount equal to the most recent 3-year average of the total personal income of the District of Columbia, as determined in accordance with the provisions of section 1101(a)(8)(B), divided by ``(ii) an amount equal to the total personal income of the continental United States (including Alaska) and Hawaii, as determined under section 1101(a)(8)(B). ``(E) For purposes of this subsection, the term `population in poverty ratio' means-- ``(i) an amount equal to the 3-year-average of the number of individuals in the State (or the District of Columbia) whose family income is below the income official poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981), divided by ``(ii) an amount equal to the sum of the averages determined under clause (i) for the 50 States. ``(2) The Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be 50 percent. ``(3)(A) Except as provided in subparagraph (B), the Federal medical assistance percentage shall in no case be less than 40 percent or greater than 83 percent. ``(B) The Federal medical assistance percentage shall be 100 percent with respect to amounts expended as medical assistance for services which are received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act). ``(4) For purposes of any provision of law other than a provision of this title, unless otherwise specifically provided, any reference to the `Federal medical assistance percentage' as defined in this section shall be considered a reference to such term as defined under this subsection as in effect on the day before the date of the enactment of the Medicaid Fairness in Funding Act of 1993.''. (b) Conforming Amendment.--Section 1118 of the Social Security Act (42 U.S.C. 1318) is amended by striking ``(as defined in section 1905)'' and inserting ``(as defined in section 1905(b), as in effect on the day before the date of the enactment of the Medicaid Fairness in Funding Act of 1993)''. (c) Effective Date.--The amendments made by this section shall apply to payments made to States with respect to calendar quarters beginning on or after January 1, 1994. SEC. 3. ADMINISTRATION EXPENDITURES. (a) In General.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``75 per centum'' and inserting ``the Federal medical assistance percentage''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs described in section 1919(e)(1) (including the costs for nurses aides to complete such competency evaluation programs) regardless of whether the programs are provided in or outside nursing facilities or the skill of the personnel involved in such programs, an amount equal to the Federal medical assistance percentage of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to such programs; plus''; (C) in subparagraph (C), by striking ``75 percent'' and inserting ``the Federal medical assistance percentage''; and (D) by striking subparagraph (D) and inserting the following new subparagraph: ``(D) an amount equal to the Federal medical assistance percentage of so much of the sums expended (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to State activities under section 1919(g); plus''; (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``(A)(i)'' and inserting ``(A)''; (ii) by striking ``90 per centum'' and inserting ``the Federal medical assistance percentage''; (iii) by striking ``under this title, and'' and inserting ``under this title; plus''; and (iv) by striking clause (ii); (B) in subparagraph (B), by striking ``75 per centum'' and inserting ``the Federal medical assistance percentage''; (C) in subparagraph (C), by striking ``75 per centum'' and inserting ``the Federal medical assistance percentage''; and (D) in subparagraph (D), by striking ``75 percent'' and inserting ``the Federal medical assistance percentage''; (3) in paragraph (4), by striking ``100 percent'' and inserting ``the Federal medical assistance percentage''; (4) in paragraph (5), by striking ``90 per centum'' and inserting ``the Federal medical assistance percentage''; (5) by striking paragraph (6) and inserting the following new paragraph: ``(6) subject to subsection (b)(3), an amount equal to the Federal medical assistance percentage of the sums expended with respect to costs incurred during such quarter (as found necessary by the Secretary for the elimination of fraud in the provision and administration of medical assistance provided under the State plan) which are attributable to the establishment and operation of (including the training of personnel employed by) a State medicaid fraud control unit (described in subsection (q)); plus''; and (6) in paragraph (7), by striking ``subject to section 1919(g)(3)(B), an amount equal to 50 per centum'' and inserting ``subject to section 1919(g)(3)(C), an amount equal to the Federal medical assistance percentage''. (b) Effective Date.--The amendments made by this section shall apply to payments made to States with respect to calendar quarters beginning on or after January 1, 1994.

Fairness in Medicaid Funding Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to change the Federal medical assistance percentage used under the Medicaid program. Bases payments to the States for administration costs on the Federal medical assistance percentage.

Fairness in Medicaid Funding Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting the Ability to Demand Detrimental Employment Restrictions Act'' or the ``LADDER Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commerce.--The term ``commerce'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (2) Covenant not to compete.--The term ``covenant not to compete'' means an agreement-- (A) between an employee and employer that restricts such employee from performing-- (i) any work for another employer for a specified period of time; (ii) any work in a specified geographical area; or (iii) work for another employer that is similar to such employee's work for the employer included as a party to the agreement; and (B) that is entered into after the date of enactment of this Act. (3) Employee; employer; enterprise; enterprise engaged in commerce or in the production of goods for commerce; goods.-- The terms ``employee'', ``employer'', ``enterprise'', ``enterprise engaged in commerce or in the production of goods for commerce'', and ``goods'' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (4) Livable hourly rate.--The term ``livable hourly rate'' means-- (A) for the fiscal year of the date of enactment of this Act, the greater of-- (i) $15 per hour; or (ii) the hourly rate equal to the minimum wage required by the applicable State or local minimum wage law; and (B) for each succeeding fiscal year, the greater of-- (i) the adjusted amount described in section 3(c); or (ii) the hourly rate equal to the minimum wage required by the applicable State or local minimum wage law. (5) Low-wage employee.--The term ``low-wage employee'' means an employee who, excluding any overtime compensation required under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) or under an applicable State law, receives from the applicable employer an hourly compensation that is less than the livable hourly rate. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) State.--The term ``State'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). SEC. 3. PROHIBITING COVENANTS NOT TO COMPETE FOR LOW-WAGE EMPLOYEES. (a) In General.--No employer shall enter into a covenant not to compete with any low-wage employee of such employer, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce). (b) Notice.--An employer who employs any low-wage employee, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce), shall post notice of the provisions of this Act in a conspicuous place on the premises of such employer. (c) Inflation Adjustment.-- (1) In general.--For each fiscal year after the fiscal year of the date of enactment of this Act, the Secretary shall adjust the amount set forth in section 2(4)(A)(i) for inflation by increasing such amount, as in effect for the preceding fiscal year, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics. (2) Rounding amounts.--The amounts adjusted under paragraph (1) shall be rounded to the nearest multiple of $0.05. SEC. 4. DISCLOSURE REQUIREMENT FOR COVENANTS NOT TO COMPETE. In order for an employer to require an employee, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce) and is not a low-wage employee, to enter into a covenant not to compete, the employer shall, prior to the employment of such employee and at the beginning of the process for hiring such employee, have disclosed to such employee the requirement for entering into such covenant. SEC. 5. ENFORCEMENT. (a) In General.--The Secretary shall receive, investigate, attempt to resolve, and enforce a complaint of a violation of section 3 or 4 in the same manner that the Secretary receives, investigates, and attempts to resolve a complaint of a violation of section 6 or 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to subsection (b). (b) Civil Fine.-- (1) Maximum fine.--The Secretary shall impose a civil fine-- (A) with respect to any employer who violates section 3(a) or 4, an amount not to exceed $5,000 for each employee who was the subject of such violation; and (B) with respect to any employer who violates section 3(b), an amount not to exceed $5,000. (2) Consideration.--In determining the amount of any civil fine under this subsection, the Secretary shall consider the appropriateness of the fine to the size of the employer subject to such fine and the gravity of the applicable violation.

Limiting the Ability to Demand Detrimental Employment Restrictions Act or the LADDER Act This bill: (1) prohibits employers from entering into not to compete covenants with low-wage employees engaged in commerce or in the production of goods for commerce, and (2) requires an employer of such employees to post notice of such prohibition in a conspicuous place on the employer's premises. The bill defines "low-wage employee" as an employee who earns less than the greater of $15 per hour or the state or local minimum wage. In order for an employer to require such an employee who is not a low-wage employee to enter into such a covenant, the employer must have disclosed the requirement for entering into such covenant before hiring such employee. The Secretary of Labor shall: (1) enforce a complaint of a violation of this Act in the same manner as a complaint of a violation of the Fair Labor Standards Act of 1938, and (2) impose a civil fine on any employer who violates this Act.

LADDER Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Marketing Illegal Drugs to Minors Act''. SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING CONTROLLED SUBSTANCES TO MINORS. Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended-- (1) in the section heading, by adding at the end the following: ``; marketing to minors''; (2) in subsection (a), by inserting after ``twenty-one years of age'' the following: ``, or who manufactures, creates, distributes, or possesses with intent to distribute a controlled substance that is flavored, colored, packaged, or otherwise altered in a way that is designed to make that controlled substance more appealing to a person under twenty- one years of age, or who attempts or conspires to do so,''; (3) in subsection (b), by inserting after ``twenty-one years of age'' the following: ``, or who manufactures, creates, distributes, or possesses with intent to distribute a controlled substance that is flavored, colored, packaged, or otherwise altered in a way that is designed to make that controlled substance more appealing to a person under twenty- one years of age, or who attempts or conspires to do so,''; and (4) by adding at the end the following: ``(c) If the controlled substance that is involved in an offense under this section is methamphetamine, its salts, isomers, and salts of its isomers or a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, unless a greater term of imprisonment is imposed under another provision of this Act, the offender shall-- ``(1) in the case of a first offense-- ``(A) if the amount of the methamphetamine involved is 50 grams or more or of the mixture involved is 500 grams or more, be fined not more than $8,000,000 if an individual and not more than $20,000,000 if a person other than an individual, and imprisoned for any term of years not less than 20, or for life; ``(B) if the amount of methamphetamine involved is not less than 5 nor more than 50 grams or of the mixture is not less than 50 grams nor more than 500 grams, be fined not more than $4,000,000 if an individual and not more than $10,000,000 if a person other than an individual, and imprisoned for any term of years not less than 10, nor more than 80; and ``(C) fined not more than $2,000,000 if an individual and not more than $10,000,000 if a person other than an individual, and imprisoned any term or years not less than 5 nor more than 40, in any other case; ``(2) in the case of a second offense-- ``(A) if the amount of the methamphetamine involved is 50 grams or more or of the mixture involved is 500 grams or more, be fined not more than $16,000,000 if an individual and not more than $40,000,000 if a person other than an individual, and imprisoned for any term of years not less than 40, or for life; ``(B) if the amount of methamphetamine involved is not less than 5 but is less than 50 grams or of the mixture is not less than 50 grams but is less than 500 grams, be fined not more than $8,000,000 if an individual and not more than $20,000,000 if a person other than an individual, and imprisoned for any term of years not less than 20, or for life; and ``(C) fined not more than $4,000,000 if an individual and not more than $20,000,000 if a person other than an individual, and imprisoned any term or years not less than 10 nor more than 60, in any other case; and ``(3) in the case of a third or subsequent offense-- ``(A) if the amount of the methamphetamine involved is 50 grams or more or of the mixture involved is 500 grams or more, be fined not more than $32,000,000 if an individual and not more than $80,000,000 if a person other than an individual, and imprisoned for life; ``(B) if the amount of methamphetamine involved is not less than 5 but is less than 50 grams or of the mixture is not less than 50 grams but is less than 500 grams, be fined not more than $16,000,000 if an individual and not more than $40,000,000 if a person other than an individual, and imprisoned for life; and ``(C) fined not more than $8,000,000 if an individual and not more than $40,000,000 if a person other than an individual, and imprisoned for life, in any other case.''.

Stop Marketing Illegal Drugs to Minors Act - Amends the Controlled Substances Act to impose increased prison terms on individuals who manufacture, create, distribute, or possess with intent to distribute a controlled substance that is flavored, colored, packaged, or otherwise altered in a way that is designed to appeal to a person under 21 years or age (or who attempt or conspire to do so). Provides for enhanced penalties for repeat offenses involving the marketing of methamphetamine to minors.

To amend the Controlled Substances Act to provide enhanced penalties for marketing controlled substances to minors.

SECTION 1. EXPANSION OF OFFSETS AGAINST OVERPAYMENTS. (a) Offsets Not Limited to Residents of State Seeking Offset.-- Subsection (e) of section 6402 of the Internal Revenue Code of 1986 (relating to collection of past-due legally enforceable State income tax obligations) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively. (b) Collection of All State and Local Government Tax Obligations.-- (1) In general.--Paragraph (1) of section 6402(e) of such Code is amended to read as follows: ``(1) In general.--Upon receiving notice from any State or local government that a named person owes a past-due, legally enforceable tax obligation to such government, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such tax obligation; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such government and notify such government of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return.'' (2) Conforming amendments.-- (A) Subsection (e) of section 6402 of such Code is amended by striking ``State income tax'' each place it appears and inserting ``State or local tax''. (B) The last sentence of paragraph (2) of section 6402(e) of such Code, as redesignated by subsection (a), is amended by striking ``the State'' and inserting ``the State or local governments of such State''. (C) Paragraph (3) of section 6402(e) of such Code, as redesignated by subsection (a), is amended-- (i) by striking the material preceding subparagraph (A) and inserting the following: ``(3) Notice; consideration of evidence.--No State or local government may take action under this subsection until such government--'', and (ii) by striking ``the State'' in subparagraphs (A) and (D) and inserting ``such government''. (D) Paragraph (4) of section 6402(e) of such Code, as redesignated by subsection (a), is amended by striking the last sentence. (E) Paragraph (5) of section 6402(e) of such Code, as redesignated by subsection (a), is amended-- (i) by striking ``States'' each place it appears and inserting ``State and local governments'', and (ii) by striking ``State income taxes'' and inserting ``State or local taxes''. (F) Paragraph (6) of section 6402(e) of such Code, as redesignated by subsection (a), is amended-- (i) by striking ``state'' in the heading and inserting ``state or local government'', (ii) by striking ``Any State'' and inserting ``Any State or local government'', and (iii) by striking ``such State'' each place it appears and inserting ``such government''. (G) Subsection (f) of section 6402 of such Code is amended by striking ``or State'' and inserting ``, State, or local government''. (H) Subsection (h) of section 6402 of such Code is amended-- (i) by striking ``States'' in the heading and inserting ``State and Local Governments'', and (ii) by striking ``State'' in the text and inserting ``State or local government''. (c) Use of First Class Mail on Tax Judgments.--Paragraph (3) of section 6402(e) of such Code, as redesignated by subsection (a), is amended by adding at the end the following new flush sentence: ``In the case of a debt described in paragraph (4)(A)(i)(I), the requirement in subparagraph (A) to use certified mail shall be treated as met by using first-class mail sent to the taxpayer's last known address.'' (d) Effective Date.--The amendments made by this section shall apply to refunds payable after December 31, 2002.

Amends the Internal Revenue Code to expand the offset against overpayments of past-due legally enforceable tax obligations to local as well as State governments. Provides that offsets are not limited to residents of a State seeking the offset.

To amend the Internal Revenue Code of 1986 to expand the offset against overpayments to include all State and local taxes owed by any person, whether or not a resident of the State seeking the offset, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Peace Tax Fund Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The free exercise of religion is an inalienable right, protected by the First Amendment of the United States Constitution. (2) Congress reaffirmed this right in the Religious Freedom Restoration Act of 1993, as amended in 1998, which prohibits the Federal Government from imposing a substantial burden on the free exercise of religion unless it demonstrates that a compelling government interest is achieved by the least restrictive means. (3) Many people immigrated to America (including members of the Quaker, Mennonite, and Church of the Brethren faiths) to escape persecution for their refusal to participate in warfare, yet during the First World War hundreds of conscientious objectors were imprisoned in America for their beliefs. Some died while incarcerated as a result of mistreatment. (4) During the Second World War, ``alternative civilian service'' was established in lieu of military service, by the Selective Training and Service Act of 1940, to accommodate a wide spectrum of religious beliefs and practices. Subsequent case law also has expanded these exemptions, and has described this policy as one of ``. . . long standing tradition in this country . . .'' affording ``the important value of reconciling individuality of belief with practical exigencies whenever possible. It dates back to colonial times and has been perpetuated in State and Federal conscription statutes'', and ``has roots deeply embedded in history'' (Welsh v. United States, 1970, Justice Harlan concurring). During and since the Second World War thousands of conscientious objectors provided essential staff for mental hospitals and volunteered as human test subjects for arduous medical experiments, and provided other service for the national health, safety and interest. (5) Conscientious objectors have sought alternative service for their tax payments since that time. They request legal relief from government seizure of their homes, livestock, automobiles, and other property; and from having bank accounts attached, wages garnished, fines imposed, and imprisonment threatened, to compel them to violate their personal and religious convictions. (6) Conscientious objection to participation in war in any form based upon moral, ethical, or religious beliefs is recognized in Federal law, with provision for alternative service; but no such provision exists for taxpayers who are conscientious objectors and who are compelled to participate in war through the payment of taxes to support military activities. (7) The Joint Committee on Taxation has certified that a tax trust fund, providing for conscientious objector taxpayers to pay their full taxes for non-military purposes, would increase Federal revenues. SEC. 3. DEFINITIONS. (a) Designated Conscientious Objector.--For purposes of this Act, the term ``designated conscientious objector'' means a taxpayer who is opposed to participation in war in any form based upon the taxpayer's sincerely held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act (50 U.S.C. App. 456(j))), and who has certified these beliefs in writing to the Secretary of the Treasury in such form and manner as the Secretary provides. (b) Military Purpose.--For purposes of this Act, the term ``military purpose'' means any activity or program which any agency of the Government conducts, administers, or sponsors and which effects an augmentation of military forces or of defensive and offensive intelligence activities, or enhances the capability of any person or nation to wage war, including the appropriation of funds by the United States for-- (1) the Department of Defense; (2) the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 104a(4))); (3) the Selective Service System; (4) activities of the Department of Energy that have a military purpose; (5) activities of the National Aeronautics and Space Administration that have a military purpose; (6) foreign military aid; and (7) the training, supplying, or maintaining of military personnel, or the manufacture, construction, maintenance, or development of military weapons, installations, or strategies. SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND. (a) Establishment.--The Secretary of the Treasury shall establish an account in the Treasury of the United States to be known as the ``Religious Freedom Peace Tax Fund'', for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers who are designated conscientious objectors. The method of deposit shall be prescribed by the Secretary of the Treasury in a manner that minimizes the cost to the Treasury and does not impose an undue burden on such taxpayers. (b) Use of Religious Freedom Peace Tax Fund.--Monies deposited in the Religious Freedom Peace Tax Fund shall be allocated annually to any appropriation not for a military purpose. (c) Report.--The Secretary of the Treasury shall report to the Committees on Appropriations of the House of Representatives and the Senate each year on the total amount transferred into the Religious Freedom Peace Tax Fund during the preceding fiscal year and the purposes for which such amount was allocated in such preceding fiscal year. Such report shall be printed in the Congressional Record upon receipt by the Committees. The privacy of individuals using the Fund shall be protected. (d) Sense of Congress.--It is the sense of Congress that any increase in revenue to the Treasury resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund.

Religious Freedom Peace Tax Fund Act of 2017 This bill directs the Department of the Treasury to establish in the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon their sincerely held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified their beliefs in writing. Amounts deposited in the Fund shall be allocated annually to any appropriation not for a military purpose. Treasury shall report to the House and Senate Appropriations Committees on the total amount transferred into the Fund during the preceding fiscal year and the purposes for which such amount was allocated. The privacy of individuals using the Fund shall be protected.

Religious Freedom Peace Tax Fund Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Background Check Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) more than 4,400 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (8) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (9) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (10) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Gun show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which-- ``(i) not less than 20 percent of the exhibitors are firearm exhibitors; ``(ii) there are not less than 10 firearm exhibitors; or ``(iii) 50 or more firearms are offered for sale, transfer, or exchange. ``(36) Gun show promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(37) Gun show vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.'' (b) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Secretary in accordance with regulations promulgated by the Secretary; and ``(2) pays a registration fee, in an amount determined by the Secretary. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(1)) of the vendor containing a photograph of the vendor; ``(2) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; and ``(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe; and ``(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Secretary shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(3) Absence of recordkeeping requirements.--Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed vendor. ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Secretary may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Secretary; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(A) shall be on a form specified by the Secretary by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Secretary; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(1) shall be in a form specified by the Secretary by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (e)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction'-- ``(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and ``(2) does not include the mere exhibition of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 931(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 931(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (e) or (f) of section 931 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who knowingly violates any provision of section 931-- ``(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``931. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''; and (c) Inspection Authority.--Section 923(g)(1) is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Secretary may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 931 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (d) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (e) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924 of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (f) Gun Owner Privacy and Prevention of Fraud and Abuse of System Information.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting before the period at the end the following: ``, as soon as possible, consistent with the responsibility of the Attorney General under section 103(h) of the Brady Handgun Violence Prevention Act to ensure the privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer''. (g) Effective Date.--This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Gun Show Background Check Act of 2001 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Secretary of the Treasurer. Sets forth penalties for violations.Grants the Secretary authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.Modifies provisions regarding the national instant criminal background check system and the destruction of records in cases where receipt of a firearm would not violate the Brady Act or State law to provide for such destruction as soon as possible, consistent with the Attorney General's responsibility to ensure privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the licensee first contacts the system.

A bill to extend the Brady background checks to gun shows, and for other purposes.