FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Used Oil Re-Refining Tax Credit Act of 2010''. SEC. 2. USED OIL RE-REFINING INVESTMENT TAX CREDIT. (a) Qualifying Used Oil Re-Refining Tax Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 986 is amended by inserting after section 48D the following new section: ``SEC. 48E. QUALIFYING USED OIL RE-REFINING PROJECT CREDIT. ``(a) In General.--For purposes of section 46, the qualifying used oil re-refining project credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying used oil re-refining project. ``(b) Qualified Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying used oil re-refining project. ``(2) Special rule for certain subsidized property.--Rules similar to section 48(a)(4) (other than subparagraph (D) thereof) shall apply for purposes of this section. ``(3) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(4) Limitation.--The amount which is treated as qualified investment for all taxable years with respect to any qualifying used oil re-refining project shall not exceed the amount certified by the Secretary as eligible for the credit under this section. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying used oil re-refining project.--The term `qualifying used oil re-refining project' means any project-- ``(A) which is designed to serve the primary purpose of processing qualifying re-refined lubricating oil from used oil (including used lube oil derived from crude oil, synthetic oils, and qualified fuels), ``(B) which uses a series of mechanical or chemical methods, or both, including, at a minimum, vacuum distillation followed by solvent refining or hydrotreating, ``(C) the feedstock input for which is used lubricating oil, ``(D) with respect to which the applicant provides evidence that the output of the project is base oil which meets the American Society of Testing and Materials standard for hydrocarbon lubricating base oil (ASTM D6074), ``(E) with respect to which the applicant provides evidence that the of ownership or control of a site of sufficient size to allow the proposed project to be constructed or to operate on a long-term basis, and ``(F) which will be located in the United States. ``(2) Qualifying re-refined lubricating oil.--The term `qualifying re-refined lubricating oil' means a base oil-- ``(A) which meets the American Society of Testing and Materials standard for hydrocarbon lubricating base oil (ASTM D6074), and ``(B) which is manufactured from used lubricating oil. ``(3) Eligible property.--The term `eligible property' means any property-- ``(A)(i) the construction, reconstruction, expansion or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(d) Qualifying Used Oil Re-Refinery Project Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall establish a qualifying used oil re-refining project program for the deployment of used oil re-refining technologies. ``(2) Certification.-- ``(A) Application period.--Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application during the 5-year period beginning on the date the Secretary establishes the program under paragraph (1). ``(B) Requirements for applications for certification.--An application under subparagraph (A) shall contain such information as the Secretary may require. Any information contained in the application shall be protected as provided in section 552(b)(4) of title 5, United States Code. ``(C) Time to act upon applications for certification.--The Secretary shall issue a determination as to whether an applicant has met the requirements of this section within 60 days following the date of submittal of the application for certification. ``(D) Federal and state environmental authorization required.--The Secretary shall not certify a project under this section unless the Secretary determines that the applicant for certification has received all Federal and State environmental authorizations or reviews necessary to commence construction of the project. ``(E) Period of issuance.--An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the project in service, and if such project is not placed in service by that time period, then the certification shall no longer be valid. ``(3) Limitation.--The aggregate credits that may be allocated under the program shall not exceed $150,000,000. ``(4) Reallocation.--If the Secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification.''. (b) Credit Treated as Investment Tax Credit.--Section 46 of such Code is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(7) the qualifying used oil re-refining project credit determined under section 48E(a).''. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48D the following new item: ``Sec. 48E. Qualifying used oil re-refining project credit.''. (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Used Oil Re-Refining Tax Credit Act of 2010 - Amends the Internal Revenue Code to allow a tax credit for 30% of the investment in a project to process qualifying re-refined lubricating oil from used oil. Defines "qualifying re-refined lubricating oil" as a base oil which meets the American Society of Testing and Materials standard for hydrocarbon lubricating base oil (ASTM D6074) and which is manufactured from used lubricating oil. Directs the Secretary of the Treasury, in consultation with the Secretary of Energy, to establish a qualifying used oil re-refining project program for the deployment of used oil re-refining technologies.

To amend the Internal Revenue Code of 1986 to encourage the re-refining of used oil.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination; (2) in August 2000, a jury found that the Environmental Protection Agency had discriminated against a senior social scientist, and awarded that scientist $600,000; (3) in October 2000, an Occupational Safety and Health Administration investigation found that the Environmental Protection Agency had retaliated against a senior scientist for disagreeing with that agency on a matter of science and for helping Congress to carry out its oversight responsibilities; (4) notifying Federal employees of their rights under discrimination and whistleblower statutes should increase agency compliance with the law; (5) requiring annual reports to Congress on the number and severity of discrimination and whistleblower cases brought against each Federal agency should enable Congress to improve its oversight over agencies' compliance with the law; and (6) penalizing a Federal agency by requiring that agency to pay for any discrimination or whistleblower judgment, award, or settlement should improve agency accountability with respect to whistleblower and discrimination laws. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``applicant for Federal employment'' means an individual applying for employment in or under a Federal agency; (2) the term ``Federal agency'' means an Executive agency as defined under section 105 of title 5, United States Code; (3) the term ``Federal employee'' means an individual employed in or under a Federal agency; and (4) the term ``former Federal employee'' means an individual formerly employed in or under a Federal agency. SEC. 4. REIMBURSEMENT REQUIREMENT. (a) Applicability.--This section applies with respect to any payment made in accordance with section 2414, 2517, 2672, or 2677 of title 28, United States Code, and under section 1304 of title 31, United States Code (relating to judgments, awards, and compromise settlements) to any Federal employee, former Federal employee, or applicant for Federal employment, in connection with any proceeding brought by or on behalf of such employee, former employee, or applicant under-- (1) any provision of law cited in subsection (c); or (2) any other provision of law which prohibits any form of discrimination, as identified under regulations prescribed under section 8. (b) Requirement.--An amount equal to the amount of each payment described in subsection (a) shall be reimbursed to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account available for operating expenses of the Federal agency to which the discriminatory or prohibited conduct involved is attributable, as determined under section 8. (c) Scope.--The provisions of law cited in this subsection are section 2302 of title 5, United States Code, section 322(a) of the Clean Air Act (42 U.S.C. 7622(a)), section 110(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9610(a)), section 507(a) of the Federal Water Pollution Control Act (33 U.S.C. 1367(a)), section 1450(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-9(i)(1)), section 7001(a) of the Solid Waste Disposal Act (42 U.S.C. 6971(a)), and section 23(a) of the Toxic Substances Control Act (15 U.S.C. 2622(a)). SEC. 5. NOTIFICATION REQUIREMENT. (a) In General.--Written notification of the rights and protections available to Federal employees, former Federal employees, and applicants for Federal employment in connection with the respective provisions of law covered under section 4(a) (1) and (2) shall be provided to such employees, former employees, and applicants-- (1) in accordance with otherwise applicable provisions of law; or (2) if to the extent that no such notification would otherwise be required, in such time, form, and manner as shall under section 8 be required in order to carry out this section. (b) Posting on the Internet.--Any written notification under this section shall include the posting of the information required under subsection (a) (1) or (2) on the Internet site of the Federal agency involved. SEC. 6. REPORTING REQUIREMENT. (a) Annual Report.--Each Federal agency shall submit to Congress and the Attorney General an annual report that shall include, with respect to the prior calendar year-- (1) the number of cases arising under each of the respective provisions of law covered under section 4(a) (1) or (2) in which discrimination or prohibited conduct on the part of such agency was alleged; (2) the status or disposition of cases described under paragraph (1); (3) the amount of money required to be reimbursed by such agency under section 4 in connection with each of those cases; and (4) the number of employees disciplined for discrimination, retaliation, harassment, or any other infraction of any provision of law referred to under paragraph (1). (b) 10-Year Report.--Not later than March 1, 2002, each Federal agency shall submit to Congress and the Attorney General a report that shall include, with respect to the 10-year period preceding the date of enactment of this Act, the information described under subsection (a) (1), (2), and (4). SEC. 7. CLARIFICATION OF REMEDIES. Consistent with Federal law, nothing in this Act shall prevent any Federal employee, former Federal employee, or applicant for Federal employment from exercising any right otherwise available under law. SEC. 8. REGULATIONS. The President or the designee of the President shall prescribe regulations necessary to carry out this Act.

Federal Employee Protection Act of 2001 - Requires the amount of any claim, final judgment, award, or compromise settlement paid to any current or former Federal employee or applicant in connection with prohibited personnel practices and specified anti-discrimination and whistle blower protection proceedings to be reimbursed to the fund established for such payments out of the operating expenses of the agency to which the discriminatory or prohibited conduct is attributable.

A bill to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fast and Secure Travel at the Borders Act of 2007'' or the ``FAST Borders Act of 2007''. SEC. 2. FINDINGS OF THE 9/11 COMMISSION. Congress finds that the National Commission on Terrorist Attacks Upon the United States (commonly referred to as the 9/11 Commission) concluded the following: (a) ``The small terrorist travel intelligence collection and analysis program currently in place has produced disproportionately useful results. It should be expanded. Since officials at the border encounter 12 travelers and their documents first and investigate travel facilitators, they must work closely with intelligence officials.''. (b) ``Information systems able to authenticate travel documents and detect potential terrorist indicators should be used at consulates, at primary border inspection lines, in immigration service offices, and intelligence and enforcement units.''. (c) ``The President should direct the Department of Homeland Security to lead the effort to design a comprehensive screening system, addressing common problems and setting common standards with systemwide goals in mind.''. (d) ``A screening system looks for particular, identifiable suspects or indicators of risk. It does not involve guesswork about who might be dangerous. It requires frontline border officials who have the tools and resources to establish that people are who they say they are, intercept identifiable suspects, and disrupt terrorist operations.''. SEC. 3. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR DEPARTING THE UNITED STATES. (a) In General.--The Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, may establish an automated system for the purpose of the enforcement of United States law, including laws relating to antiterrorism and border security, to assist in the screening of persons seeking to enter or depart the United States (in this section referred to as the ``system''). (b) Administrative Process To Correct Information.--The Secretary, acting through the Commissioner, shall ensure that an administrative process is established, or application of an existing administrative process is extended, pursuant to which any individual may apply to correct any information retained by the system established under subsection (a). Nothing in this section shall be construed as creating a private right of action and no court shall have jurisdiction based on any of the provisions of this section to hear any case or claim arising from the application of the system or the corrective administrative process established or applied under this subsection. (c) Rule of Construction.--Nothing in this section shall be construed as abrogating, diminishing, or weakening the provisions of any Federal or State law that prevents or protects against the unauthorized collection or release of personal records. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. SEC. 4. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES. Part II of title IV of the Tariff Act of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting after section 434 the following new section: ``SEC. 435. PASSENGER AND CREW MANIFESTS FOR VESSELS, VEHICLES, AND AIRCRAFT ARRIVING IN OR DEPARTING FROM THE UNITED STATES. ``(a) Passenger and Crew Manifests Required.--The Commissioner of United States Customs and Border Protection of the Department of Homeland Security may require each vessel, vehicle, and aircraft arriving in the United States from, or departing the United States to, a foreign port or place to transmit to United States Customs and Border Protection a passenger manifest and crew manifest containing the information set forth in subsection (c) for each such arrival in or departure from the United States. ``(b) Transmission.--A passenger manifest and crew manifest required pursuant to subsection (a) shall be transmitted to United States Customs and Border Protection in advance of arrival in or departure from the United States in such manner, time, and form as the Commissioner of United States Customs and Border Protection may prescribe by regulations. ``(c) Information.--The information to be provided with respect to each person listed on a passenger manifest or crew manifest required pursuant to subsection (a) may include-- ``(1) the person's complete name, date of birth, citizenship, gender, passport number and country of issuance, and alien registration number, if applicable; and ``(2) such other information as the Commissioner of United States Customs and Border Protection determines is necessary to enforce the customs, immigration, and other related laws of the United States, to ensure the transportation security of the United States, and to protect the national security of the United States. ``(d) Civil Penalty.--Any person who fails to provide accurate and full information in a passenger manifest or crew manifest required pursuant to subsections (a) and (c) or regulations issued thereunder, or fails to provide the manifest in the manner prescribed pursuant to subsection (b) or regulations issued thereunder, may be liable for a civil penalty of not more than $5,000 with respect to each person listed on the manifest for whom such accurate or full information is not provided in accordance with such requirements. ``(e) Passenger Name Record Information.-- ``(1) Requirement.--The Commissioner of United States Customs and Border Protection may require each commercial carrier arriving in the United States from, or departing the United States to, a foreign port or place to make available to United States Customs and Border Protection, upon the agency's request, passenger name record information for each such arrival in or departure from the United States in such manner, time, and form as the Commissioner may prescribe by regulations. ``(2) Civil penalty.--Any person who fails to provide passenger name record information required pursuant to paragraph (1) or fails to provide such information in the manner prescribed by the Commissioner of United States Customs and Border Protection may be liable for a civil penalty of not more than $5,000 with respect to each person for whom such information is not provided in accordance with such requirements. ``(f) Sharing of Manifest and Passenger Name Record Information With Other Government Agencies.--The Commissioner of United States Customs and Border Protection may provide information contained in passenger and crew manifests and passenger name record information received pursuant to this section to other government authorities in order to protect the national security of the United States or as otherwise authorized by law. ``(g) Consideration of Economic Impact.--Prior to issuing any final regulation under this section, the Commissioner of United States Customs and Border Protection shall consult with stakeholders from the transportation industry and assess the economic impact that the regulation would have on private industry. ``(h) Savings Clause.--Nothing in this section abrogates, diminishes, or weakens the provisions of any Federal or State law that prevents or protects against the unauthorized collection or release of personal records.''.

Fast and Secure Travel at the Borders Act of 2007 or FAST Borders Act of 2007 - Authorizes the Secretary of Homeland Security, through the Commissioner of Customs and Border Protection, to establish an automated system for the purpose of the enforcement of U.S. law, including antiterrorism and border security law, to assist in the screening of persons seeking to enter or depart the United States. States that: (1) such system shall provide an administrative process for an individual to apply to correct any information retained by the system; and (2) such corrective process shall not be construed as creating a private right of action and no court shall have jurisdiction on any case or claim arising from the application of such system or corrective administrative process. Authorizes: (1) the Commissioner of Customs and Border Protection to require each vessel, vehicle, and aircraft arriving in the United States from, or departing the United States to, a foreign port or place to transmit to United States Customs and Border Protection a passenger manifest and crew manifest; (2) a civil penalty for non-compliance; and (3) sharing of manifest and passenger name record information with other government agencies.

To protect the United States by targeting terrorists at the border, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Participation in Railroad Operations Act''. SEC. 2. LOCAL INPUT. (a) Amendment.--Chapter 109 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 10908. Local input ``(a) Requirement.--A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall not construct, develop, or expand railroad maintenance facilities, intermodal rail transfer facilities, railroad sidings, railroad bridges, railroad yards, or other railroad facilities unless the Board determines that the rail carrier has-- ``(1) provided local communities with appropriate notice of such activities; ``(2) held at least one public hearing in each municipality which is directly affected by such activities; and ``(3) made good faith efforts to address concerns raised in response to such notice. ``(b) Appropriate Notice.--Not later than 6 months after the date of the enactment of this section, the Board shall by regulation prescribe procedures that constitute appropriate notice under various foreseeable circumstances, including emergency circumstances.''. (b) Table of Sections.--The table of sections for such chapter 109 is amended by adding at the end the following new item: ``10908. Local input.''. SEC. 3. PUBLIC MEETINGS. (a) Requirement.--Within 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Transportation shall convene 6 public meetings, including at least one in northern New Jersey, to provide an opportunity for the participants to present their views, respond to the views of others, and discuss issues relating to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. The goal of such meetings shall be the identification of appropriate solutions to the quality-of-life and safety problems that are discussed. The meetings shall be held in diverse geographic locations where the Secretary considers the need for and benefits to be derived from such meetings to be the greatest. (b) Participation.--The Secretary of Transportation shall make every effort to ensure participation at such meetings by local elected officials, appropriate representatives of the Department of Transportation, State and local environmental protection agencies, local public health officials, railroad management, railroad labor, railroad shippers, and individuals representing community interests. (c) Reports to Congress.--The Secretary of Transportation shall, within 3 months after the completion of each round of public meetings convened pursuant to subsection (a), transmit to the Congress a report summarizing the results of the public meetings, and including recommendations to Congress for measures to help improve the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD TRANSACTIONS. Section 11324 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(g) The Board shall not approve a transaction described in section 11323(a) unless the Board has received assurances that the rail carriers who will be responsible for rail operations resulting from or affected by the transaction have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks.''. SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION ALONG RAILROAD LINES. (a) Requirement.--Within 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, after consultation with the Secretary of Transportation, shall publish in the Federal Register proposed regulations for reducing noise pollution generated from railroad operations and railroad facilities. (b) Public Health and Welfare.--Such regulations shall be prescribed to protect the public health and welfare, including the health and welfare of persons who live, work, or are for any other reason near railroad tracks, taking into account the degree of noise reduction improvements achievable through the application of the best available technology and the cost of compliance. (c) Audible Warnings.--In prescribing such regulations, the Administrator shall give strong consideration to section 20153 of title 49, United States Code, and shall seek to ensure that public safety is not compromised. (d) Final Regulations.--Within 90 days after publication of proposed regulations under subsection (a), the Administrator shall promulgate final regulations. Regulations issued under this section shall be in lieu of any Federal railroad-related noise regulations for locomotives and rail cars. Such regulations may be revised, from time to time, in accordance with this section. (e) Repeal.--Upon the issuance of final regulations under subsection (d), section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is repealed.

Prohibits the Board from approving the consolidation, merger, and acquisition of control of a rail carrier by one or more rail carriers unless it has received assurances that the rail carriers have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. Directs the Administrator of the Environmental Protection Agency to publish in the Federal Register proposed regulations for reducing noise pollution generated from railroad operations and railroad facilities. Sets forth certain regulation requirements. Repeals a section of the Noise Control Act of 1972 regarding railroad noise emission standards upon the issuance of the final regulations under this Act.

Local Participation in Railroad Operations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Commission on Tax Reform and Simplification Act of 2000''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission to study and report back to Congress recommendations on simplifying, reforming, or replacing the Internal Revenue Code of 1986. SEC. 3. FINDINGS. The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals, businesses, and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service--especially those arising from misunderstandings of the Code--could be eliminated or alleviated by fundamental reform and simplification. (3) The Internal Revenue Service faces continual difficulty in administering an overly lengthy, complex, and confusing tax code. (4) Taxpayers and tax experts have repeatedly called for a simplification of the current tax code. (5) The complexity of the current code places a significant burden on individual filers, including extensive record keeping, time requirements to prepare returns, gaining an understanding of the exemptions for which they may qualify, and other burdens. This has forced the majority of taxpayers to turn to tax professionals to prepare their tax returns. (6) Congress is continually modifying and correcting the Code, leading to annual uncertainty and only adding to the patchwork of complexity and confusion. (7) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (8) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. SEC. 4. ESTABLISHMENT OF A NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) In General.--To carry out the purposes of this Act, there is established within the legislative branch a National Advisory Commission on Tax Reform and Simplification (in this Act referred to as the ``Commission''), comprised of 15 members. The membership of the Commission shall be as follows: (1) 3 members appointed by the President, 2 from the executive branch of the Government and 1 from private life. (2) 4 members appointed by the majority leader of the Senate, 1 from Members of the Senate and 3 from private life. (3) 2 members appointed by the minority leader of the Senate, 1 from Members of the Senate and 1 from private life. (4) 4 members appointed by the Speaker of the House of Representatives, 1 from Members of the House of Representatives and 3 from private life. (5) 2 members appointed by the minority leader of the House of Representatives, 1 from Members of the House of Representatives and 1 from private life. (b) Sense of Congress.--It is the sense of Congress that the President and congressional leadership should draw from a number of important areas of expertise in composing the Commission, including tax experts familiar with corporate tax issues, international tax issues, small business tax issues, and family and individual tax issues. (c) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. SEC. 5. RULES OF THE COMMISSION. (a) Quorum.--Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. (b) Initial Meeting.--If, after 60 days from the date of the enactment of this Act, 5 or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Rules.--The Commission may adopt such other rules as it considers appropriate. (d) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (e) Continuation of Membership.--Any individual who appointed a member to the Commission by virtue of holding a position described in section 4 ceases to hold such position before the report of the Commission is submitted, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position. SEC. 6. DUTIES OF THE COMMISSION. (a) In General.--The duties of the Commission shall include-- (1) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in subsection (b); and (2) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in section 10. (b) Review and Issuing Proposals.--The Commission shall review and, when applicable, issue proposals on-- (1) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (A) its impact on the economy (including the impact on savings, capital formation, capital investment, and international trade); (B) its impact on families and the workforce (including issues relating to distribution of tax burden and impact on small businesses); (C) the predictability of the tax code from year to year; (D) the compliance cost to taxpayers and businesses; and (E) the ability of the Internal Revenue Service to administer such provisions; (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. SEC. 7. POWERS OF THE COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Assistance From Federal Agencies and Offices.-- (1) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-chairs, if elected). (2) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (3) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (4) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (5) Other assistance.--In addition to the assistance set forth in paragraphs (1), (2), (3), and (4), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (6) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (7) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this Act. SEC. 8. STAFF OF THE COMMISSION. (a) In General.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (b) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall 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 section 5703(b) of title 5, United States Code. SEC. 10. REPORT OF THE COMMISSION; TERMINATION. (a) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review under section 6(b), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (b) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under subsection (a). (2) Concluding activities.--The Commission may use the 90- day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2001 funds appropriated to the Department of the Treasury, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended.

Authorizes appropriations for the Commission. Terminates the Commission after the submission of a report.

National Advisory Commission on Tax Reform and Simplification Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Public Safety and Crime Control Act''. SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS. (a) Banks and Savings Associations.--Section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end the following new subsection: ``(c) Enhanced Surveillance Requirements.--With respect to each surveillance camera which a depository institution is required to maintain under the regulations prescribed under subsection (a), each Federal supervisory agency shall prescribe, on the basis of recommendations made by the Director of the Federal Bureau of Investigation pursuant to section 540B(c) of title 28, United States Code, regulations which require the depository institution to-- ``(1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and ``(2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.''. (b) Credit Unions.--Section 205(e) of the Federal Credit Union Act (12 U.S.C. 1785(e)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2), the following new paragraph: ``(3) Enhanced surveillance requirements.--With respect to each surveillance camera which an insured credit union is required to maintain under the regulations prescribed under paragraph (1), the Board shall prescribe, on the basis of recommendations made by the Director of the Federal Bureau of Investigation pursuant to section 540B(c) of title 28, United States Code, regulations which require the credit union to-- ``(A) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and ``(B) operate such camera in a manner which does not compromise the quality of the surveillance pictures.''. SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540B. Technical recommendations on surveillance equipment ``(a) Review of Crime Prevention Standards and Procedures.--In order to reduce the incidence of crimes under section 2113 of title 18, other violations of such title, and other criminal activity on the property of or in the vicinity of financial institutions (as defined in section 20 of such title) and to facilitate more effective prosecutions of such crimes, the Director of the Federal Bureau of Investigation shall periodically review the standards and procedures applicable with respect to security requirements established under section 3 of the Bank Protection Act of 1968 and section 205(e) of the Federal Credit Union Act. ``(b) Consultation With Attorney General.--In conducting any review under subsection (a), the Director of the Federal Bureau of Investigation shall consult with the Attorney General to ascertain the extent to which inadequate security measures, or improperly maintained security equipment, at financial institutions has hindered effective prosecutions under section 2113 of title 18, United States Code, or other criminal provisions. ``(c) Recommendations.--Before the end of the 6-month period beginning on the date of the enactment of the ATM Public Safety and Crime Control Act and at such times after such date as the Director of the Federal Bureau of Investigation may determine to be appropriate, the Director shall make technical recommendations to the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) and the National Credit Union Administration Board on standards and procedures for meeting the purposes of section 3 of the Bank Protection Act of 1968 and section 205(e) of the Federal Credit Union Act.''. (b) Report to Judiciary Committees.--The Director of the Federal Bureau of Investigation shall submit a copy of any recommendations made in accordance with section 540B(c) of title 28, United States Code, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate at the same time such recommendations are transmitted to the Federal banking agencies and the National Credit Union Administration Board in accordance with such section. (c) Clerical Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540A the following new item: ``540B. Technical recommendations on surveillance equipment.''. SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS. (a) Timetable for Regulations.--The Federal banking agencies and the National Credit Union Administration Board shall prescribe final regulations pursuant to section 3(c) of the Bank Protection Act of 1968 and section 205(c)(3) of the Federal Credit Union Act, respectively, before the end of the 6-month period beginning on the date the technical recommendations of the Director of the Federal Bureau of Investigation are received by such agencies in accordance with section 540B(c) of title 28, United States Code. (b) Effective Date of Regulations.--The regulations referred to in subsection (a) shall require depository institutions and credit unions to achieve compliance with such regulations by the end of the 6-month period beginning on the date the final regulations are published in the Federal Register. SEC. 5. AMENDMENTS TO DEFINITIONS. Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is amended to read as follows: ``SEC. 2. DEFINITIONS. ``The following definitions shall apply for purposes of this Act: ``(1) Depository institution.--The term `depository institution' has the meaning given to such term in section 3(c) of the Federal Deposit Insurance Act. ``(2) Federal supervisory agency.--The term `Federal supervisory agency' has the meaning given to the term `appropriate Federal banking agency' in section 3 of the Federal Deposit Insurance Act.''.

ATM Public Safety and Crime Control Act - Amends the Bank Protection Act of 1968 and the Federal Credit Union Act to require each Federal supervisory agency for depository institutions to prescribe regulations, pursuant to recommendations made by the Director of the Federal Bureau of Investigation (FBI), mandating lighting and surveillance camera quality sufficient to be used effectively as evidence in a criminal prosecution. Amends Federal law to instruct the FBI Director to: (1) periodically review standards and procedures in connection with enhanced surveillance equipment at depository institutions; (2) make technical recommendations regarding enhanced surveillance to the Federal banking agencies and the National Credit Union Administration Board; and (3) furnish certain congressional committees with copies of such recommendations. Sets a deadline by which the Federal banking agencies and the National Credit Union Administration Board must prescribe final regulations for such enhanced security measures.

ATM Public Safety and Crime Control Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pecos National Historical Park Land Exchange Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map. (2) Landowner.--The term ``landowner'' means the 1 or more owners of the non-Federal land. (3) Map.--The term ``map'' means the map entitled ``Proposed Land Exchange for Pecos National Historical Park'', numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000. (4) Non-federal land.--The term ``non-Federal land'' means the approximately 154 acres of non-Federal land in the Park, as depicted on the map. (5) Park.--The term ``Park'' means the Pecos National Historical Park in the State. (6) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (7) State.--The term ``State'' means the State of New Mexico. SEC. 3. LAND EXCHANGE. (a) In General.--On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior-- (1) the Secretary of Agriculture shall, subject to the conditions of this Act, convey to the landowner the Federal land; and (2) the Secretary of the Interior shall, subject to the conditions of this Act, grant to the landowner the easement described in subsection (b). (b) Easement.-- (1) In general.--The easement referred to in subsection (a)(2) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map. (2) Route.--The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park. (3) Terms and conditions.--The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate. (4) Applicable law.--The easement shall be established, operated, and maintained in compliance with applicable Federal law. (c) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and non- Federal land-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if the value is not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries. (B) Requirements.--An appraisal conducted under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisition; and (ii) the Uniform Standards of Professional Appraisal Practice. (C) Approval.--The appraisals conducted under this paragraph shall be submitted to the Secretaries for approval. (3) Equalization of values.-- (A) In general.--If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by-- (i) the Secretary of the Interior making a cash equalization payment to the landowner; (ii) the landowner making a cash equalization payment to the Secretary of Agriculture; or (iii) reducing the acreage of the non- Federal land or the Federal land, as appropriate. (B) Cash equalization payments.--Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall-- (i) be deposited in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (ii) be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State. (d) Costs.--Before the completion of the exchange under this section, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner. (e) Applicable Law.--Except as otherwise provided in this Act, the exchange of land and interests in land under this Act shall be in accordance with-- (1) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and (2) other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (f) Additional Terms and Conditions.--The Secretaries may require, in addition to any requirements under this Act, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this Act as the Secretaries determine to be appropriate to protect the interests of the United States. (g) Completion of the Exchange.-- (1) In general.--The exchange of Federal land and non- Federal land shall be completed not later than 180 days after the later of-- (A) the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (B) the date on which the Secretary of the Interior approves the appraisals under subsection (c)(2)(C); or (C) the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this section. (2) Notice.--The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this Act. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior shall administer the non-Federal land acquired under this Act in accordance with the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the ``National Park Service Organic Act'') (16 U.S.C. 1 et seq.). (b) Maps.-- (1) In general.--The map shall be on file and available for public inspection in the appropriate offices of the Secretaries. (2) Transmittal of revised map to congress.--Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts-- (A) the Federal land and non-Federal land exchanged under this Act; and (B) the easement described in section 3(b). Passed the Senate October 10, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Pecos National Historical Park Land Exchange Act of 2004 - Directs the Secretary of the Interior to accept certain non-Federal land in the State of New Mexico for addition to the Pecos National Historical Park (Park). Directs the Secretary of Agriculture to convey certain Federal land in the Santa Fe National Forest to private landowners. Directs the Secretary of the Interior to grant the private landowners an easement for water pipelines to two well sites located in the Park. Authorizes the Secretary of Agriculture and the Secretary of the Interior (Secretaries) to require terms and conditions relating to the exchange of Federal and non-Federal lands and the granting of easements that protect the interests of the United States. Sets a deadline for the completion of land exchanges under this Act and requires the Secretaries to report to Congress on the completion of such exchanges. Provides for the administration of lands exchanged under this Act. Directs the Secretaries to transmit to Congress a revised map that depicts the lands exchanged and the easement granted under this Act

A bill to provide for the exchange of certain Federal land in the Santa Fe National Forest and certain non-Federal land in the Pecos National Historical Park in the State of New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Emergency Medical Services Act of 1999''. SEC. 2. EMERGENCY SERVICES. (a) Coverage of Emergency Services.-- (1) In general.--If a group health plan, or health insurance coverage offered by a health insurance issuer, provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan or issuer shall cover emergency services furnished under the plan or coverage-- (A) without the need for any prior authorization determination; (B) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (C) in a manner so that, if such services are provided to a participant, beneficiary, or enrollee by a nonparticipating health care provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the amounts of liability that would be incurred if the services were provided by a participating provider; and (D) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of the Public Health Service Act (42 U.S.C. 300gg et seq.), section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost sharing). (2) Definitions.--In this section: (A) Emergency medical condition based on prudent layperson standard.--The term ``emergency medical condition'' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act (42 U.S.C. 1395dd(e)(1)(A)). (B) Emergency services.--The term ``emergency services'' means-- (i) a medical screening examination (as required under section 1867 of the Social Security Act (42 U.S.C. 1395dd)) that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition (as defined in subparagraph (A)); and (ii) within the capabilities of the staff and facilities at the hospital, such further medical examination and treatment as are required under section 1867 of such Act to stabilize the patient. (C) Stabilize.--The term ``to stabilize'' means, with respect to an emergency medical condition, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility. (b) Reimbursement for Maintenance Care and Post-Stabilization Care.--In the case of services (other than emergency services) for which benefits are available under a group health plan, or under health insurance coverage offered by a health insurance issuer, the plan or issuer shall provide for reimbursement with respect to such services provided to a participant, beneficiary, or enrollee other than through a participating health care provider in a manner consistent with subsection (a)(1)(C) (and shall otherwise comply with the guidelines established under section 1852(d)(2) of the Social Security Act (42 U.S.C. 1395w-22(d)(2)) (relating to promoting efficient and timely coordination of appropriate maintenance and post-stabilization care of an enrollee after an enrollee has been determined to be stable), or, in the absence of guidelines under such section, such guidelines as the Secretary shall establish to carry out this subsection), if the services are maintenance care or post-stabilization care covered under such guidelines. (c) Information for Participants, Beneficiaries, and Enrollees.-- (1) Group health plans.--A group health plan shall-- (A) provide to participants and beneficiaries at the time of initial coverage under the plan (or the effective date of this Act, in the case of individuals who are participants and beneficiaries as of such date), at least annually thereafter, and at the beginning of any open enrollment provided under the plan, the information described in paragraph (3) in printed form; and (B) upon request, make available to participants and beneficiaries, to the applicable authority, and to prospective participants and beneficiaries the information described in paragraph (3) in printed form. (2) Health insurance issuers.--A health insurance issuer, in connection with the provision of health insurance coverage, shall-- (A) provide to individuals enrolled under such coverage at the time of enrollment, and at least annually thereafter, (and to plan administrators of group health plans in connection with which such coverage is offered) the information described in paragraph (3) in printed form; and (B) upon request, make available to the applicable authority, to individuals who are prospective enrollees, to plan administrators of group health plans that may obtain such coverage, and to the public the information described in paragraph (3) in printed form. (3) Required information.--The information described in this paragraph with respect to a group health plan or health insurance coverage offered by a health insurance issuer is information about the coverage of emergency services, including-- (A) the appropriate use of emergency services, including use of the 911 telephone system or its local equivalent in emergency situations and an explanation of what constitutes an emergency situation; (B) the process and procedures of the plan or issuer for obtaining emergency services; (C) any cost-sharing applicable to emergency services; and (D) the locations of-- (i) emergency departments; and (ii) other settings in which plan physicians and hospitals provide emergency services and post-stabilization care. (d) Definitions.--In this section: (1) Applicable authority.--The term ``applicable authority'' means-- (A) in the case of a group health plan, the Secretary of Health and Human Services and the Secretary of Labor; and (B) in the case of a health insurance issuer with respect to a specific provision of this section, the applicable State authority or the Secretary of Health and Human Services if such Secretary is enforcing such provisions under section 2722(a)(2) or 2761(a)(2) of the Public Health Service Act (42 U.S.C. 300gg- 22(a)(2), 300gg-61(a)(2)). (2) Nonparticipating.--The term ``nonparticipating'' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under a group health plan or health insurance coverage, a health care provider that is not a participating health care provider with respect to such items and services. (3) Participating.--The term ``participating'' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under a group health plan or health insurance coverage offered by a health insurance issuer, a health care provider that furnishes such items and services under a contract or other arrangement with the plan or issuer. (4) Other terms.--The terms ``applicable State authority'', ``beneficiary'', ``group health plan'', ``health insurance coverage'', ``health insurance issuer'', and ``participant'' shall have the meanings given to such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91). SEC. 3. STANDARDS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2707. EMERGENCY SERVICES. ``(a) In General.--Each group health plan (and each health insurance issuer offering group health insurance coverage in connection with such a plan) shall comply with the requirements of the Access to Emergency Medical Services Act of 1999, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A group health plan shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act with respect to the requirements referred to in subsection (a), and a health insurance issuer shall comply with such notice requirement as if such section applied to such issuer and such issuer were a group health plan.''. (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2753. EMERGENCY SERVICES. ``(a) In General.--Each health insurance issuer shall comply with the requirements of the Access to Emergency Medical Services Act of 1999 with respect to individual health insurance coverage it offers, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. SEC. 4. STANDARDS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following: ``SEC. 714. EMERGENCY SERVICES. ``(a) In General.--Subject to subsection (b), a group health plan (and a health insurance issuer offering group health insurance coverage in connection with such a plan) shall comply with the requirements of the Access to Emergency Medical Services Act of 1999, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Satisfaction of Requirements.--For purposes of subsection (a), insofar as a group health plan provides benefits in the form of health insurance coverage through a health insurance issuer, the plan shall be treated as meeting the requirements of the Access to Emergency Medical Services Act of 1999 with respect to such benefits and not be considered as failing to meet such requirements because of a failure of the issuer to meet such requirements so long as the plan sponsor or its representatives did not cause such failure by the issuer.''. (b) Conforming Amendment.--Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (c) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Emergency services.''. SEC. 5. STANDARDS UNDER THE INTERNAL REVENUE CODE OF 1986. Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to emergency services.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO EMERGENCY SERVICES. ``A group health plan shall comply with the requirements of the Access to Emergency Medical Services Act of 1999, and such requirements shall be deemed to be incorporated into this section.''. SEC. 6. EFFECTIVE DATE. (a) Group Health Coverage.-- (1) In general.--Subject to paragraph (2), the amendments made by sections 3(a), 4, and 5 (and section 2 insofar as it relates to such sections) shall apply to group health plans and health insurance coverage offered in connection with group health plans for plan years beginning on or after January 1, 2000. (2) Treatment of collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of the enactment of this Act, the amendments made by sections 3(a), 4, and 5 (and section 2 insofar as it relates to such sections) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreement relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (B) January 1, 2000. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan that amends the plan solely to conform to any requirement of this Act shall not be treated as a termination of such collective bargaining agreement. (b) Individual Market.--The amendment made by section 3(b) (and section 2 insofar as it relates to such section) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2000.

Access to Emergency Medical Services Act of 1999 - Provides that if a group health plan or health insurance coverage offered by a health insurance issuer provides any benefits with respect to emergency services, the plan or issuer shall cover such services: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating provider with respect to such services; (3) in a manner so that if such services are provided by a nonparticipating provider, the participant, beneficiary, or enrollee is not liable for amounts that exceed the liability that would be incurred if the services were provided by a participating provider; and (4) without regard to any other term or condition of such plan or coverage (other than exclusion or coordination of benefits, a specified affiliation or waiting period, and applicable cost sharing). Requires such plans or issuers, in the case of maintenance or post-stabilization care services other than emergency services, to provide for reimbursement for services provided by nonparticipating providers in a manner consistent with specified guidelines relating to promoting efficient and timely coordination of maintenance and post- stabilization care of an enrollee under the Social Security Act or such guidelines as the Secretary of Health and Human Services shall establish. Requires information regarding coverage of emergency services to be made available annually by plans and issuers. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to deem requirements of the Access to Emergency Medical Services Act of 1999 to be incorporated into such Acts and the Internal Revenue Code.

Access to Emergency Medical Services Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Bighorn Battlefield National Monument Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The following events were key in the creation of the Little Bighorn Battlefield National Monument: (A) On June 25 and 26, 1876, a historic battle between the United States Seventh Cavalry, led by General George Armstrong Custer, and an opposing force of Arapaho, Northern Cheyenne, and Lakota Indians, was fought near the Little Bighorn River in southern Montana. (B) On August 1, 1879, the battlefield was officially recognized and designated as a national cemetery under General Order No. 78, Headquarters of the Army. (C) On December 7, 1886, Executive Order No. 337443 established the boundary, approximately one mile square, for the National Cemetery of Custer's Battlefield Reservation. (D) On April 14, 1926, the Reno-Benteen Battlefield was acquired by an Act of Congress (44 Stat. 168), and the Army was ordered to take charge of the site. (E) On April 15, 1930, by an Act of Congress (46 Stat. 168), all rights, titles and privileges of the Crow tribe, from whose reservation the battlefield site was carved, were granted to the United States. (F) On August 10, 1939, a public historical museum was authorized (53 Stat. 1337). (G) On June 3, 1940, Executive Order No. 8428 transferred management of the area to the National Park Service, Department of the Interior. (H) On March 22, 1946, by an Act of Congress (Public Law 79-332) the area was redesignated, Custer Battlefield National Monument. (I) On January 3, 1991, by an Act of Congress (Public Law 102-201), Custer Battlefield National Monument was redesignated as Little Bighorn Battlefield National Monument (referred to in this Act as the ``Monument''), and an Indian memorial was authorized. (2) The current total size of the Monument is 765.34 acres. This includes the areas immediately surrounding the cemetery and a separate area, the Reno-Benteen Battlefield, a few miles from the cemetery. There are additional sites of historical interest related to the 1876 battle that are not contained within the boundaries of the Monument as it is presently constituted. (3) The United States has a tradition of preserving the sites of historic battles, in the conviction that such ground is hallowed by the sacrifices of those who gave their lives in conflict, and in the hope that understanding the events of our past, especially tragic events, helps us to understand the people we have become. A necessary part of this preserving and honoring is attempting, as much as is possible, to maintain the appearance of the places where these struggles occurred as the participants would have experienced them. (4) The area surrounding the Monument has seen markedly increased commercial development in recent years. Such development not only threatens to intrude on the experience of visitors to the Monument, but in many instances the development has actually taken place directly on sites of historical importance, irrevocably altering physical features of the landscape that are crucial for understanding what took place at the Battle of the Little Bighorn. (5) It is in the interest of the United States to preserve the integrity of the site of the Battle of the Little Bighorn, an event of lasting significance for the United States and for the sovereign Indian nations. In order to preserve this historical treasure, it is imperative that additional lands surrounding the Monument be set aside and given protected status or be made part of the Monument itself. (6) All areas of the Monument, as well as the other areas of historical interest, are completely contained within the external boundaries of the Crow Indian Reservation. (7) There is every indication that additional land and facilities are available for inclusion in the Monument through either voluntary conveyance or by gift or donation from private individuals and entities. (b) Purposes.--It is the purpose of this Act-- (1) to establish a cooperative and collaborative process for expanding and enhancing the Monument; (2) to ensure that the process established by this Act reflects the social, historical and cultural concerns of the Indian tribes participating in such processes in a manner consistent with the long-standing Federal policy to encourage tribal self-determination; and (3) to ensure that the resources within the Monument are protected and enhanced by-- (A) providing for partnerships between the Crow Tribe, the National Park Service, and the Native American Tribes who participated in the Battle of Little Bighorn; and (B) encouraging private individuals and entities to donate land and facilities to the Monument. SEC. 3. LITTLE BIGHORN BATTLEFIELD NATIONAL MONUMENT ENHANCEMENT COMMITTEE. (a) In General.--There is established a committee to be known as the ``Little Bighorn Battlefield National Monument Enhancement Committee'' (referred to in this section as the ``Committee''). (b) Composition.--The Committee shall be composed of-- (1) 1 member appointed by the Secretary of Interior to represent the Department of Interior; (2) 3 members appointed by the Secretary of Interior to represent the Native American tribes who participated in the Battle of Little Bighorn; and (3) 1 member appointed by the Crow Indian tribe. (c) Administrative Provisions.-- (1) Quorum; meetings.--Three members of the Committee shall constitute a quorum. The Committee shall act and provide advise by the affirmative vote of a majority of the members voting at a meeting at which a quorum is present. The Committee shall meet on a regular basis. Notice of meetings and the agenda shall be published in local newspapers which have a distribution which generally covers the area affected by the Monument. Committee meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (2) Advisory functions.--The Committee shall advise the Secretary to ensure that the Monument, its resources and landscape, is sensitive to the history being portrayed and artistically commendable. (3) Technical staff.--In order to provide staff support and technical services to assist the Committee in carrying out its duties under this Act, upon the request of the Committee, the Secretary of the Interior is authorized to detail any personnel of the National Park Service to the Committee. (4) Compensation.--Members of the Committee shall serve without compensation but shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (5) Charter.--The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby waived with respect to the Committee. (d) Duties.--The Committee shall-- (1) maintain a registry of facilities and land that may be offered by private individuals and entities by gift, sale, transfer, or other voluntary conveyance for inclusion in the Monument; (2) by a majority vote determined whether some or all of a parcel of land or facility listed on the registry under paragraph (1) is appropriate for inclusion as a part of the Monument; and (3) in the case of a positive recommendation under subparagraph (A), provide advise to the Secretary on-- (A) whether the land or facility involved may be available for no or nominal consideration or under what terms and conditions the owner of such land or facility would be willing to transfer such land or facility for inclusion in the Monument for no or nominal consideration; or (B) whether the Committee recommends the use of the Fund established under section 5 to acquire such land or facility. SEC. 4. RULE OF CONSTRUCTION. Nothing in this act shall be construed to limit or impair the jurisdiction or authority of the Crow Indian tribe. SEC. 5. ESTABLISHMENT OF FUND. There is established in the Treasury of the United States a fund to be known as the ``Little Bighorn Battlefield National Monument Enhancement Fund''. The Fund shall be used as provided for in section 3(d)(3)(B) and shall include-- (1) all amounts appropriated to the Fund; and (2) all amounts donated to the Fund.

Little Bighorn Battlefield National Monument Enhancement Act of 2001 - Establishes the Little Bighorn Battlefield National Monument Enhancement Committee to advise the Secretary of the Interior to ensure that the Monument, its resources, and landscape are sensitive to the history being portrayed and artistically commendable.Establishes in the Treasury the Little Bighorn Battlefield National Monument Enhancement Fund.

A bill to expand and enhance the Little Bighorn Battlefield National Monument.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Farmers Act''. SEC. 2. TRADE ADJUSTMENT ASSISTANCE FOR FARMERS. (a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS ``SEC. 291. DEFINITIONS. ``In this chapter: ``(1) Agricultural commodity.--The term `agricultural commodity' means any agricultural commodity (including livestock, fish, or harvested seafood) in its raw or natural state. ``(2) Agricultural commodity producer.--The term `agricultural commodity producer' means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns or shares the ownership and risk of loss of the agricultural commodity. ``(3) Contributed importantly.-- ``(A) In general.--The term `contributed importantly' means a cause which is important but not necessarily more important than any other cause. ``(B) Determination of contributed importantly.-- The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which the petition under this chapter was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary of Agriculture. ``(4) Duly authorized representative.--The term `duly authorized representative' means an association of agricultural commodity producers. ``(5) National average price.--The term `national average price' means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary of Agriculture. ``(6) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 292. PETITIONS; GROUP ELIGIBILITY. ``(a) In General.--A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. ``(b) Hearings.--If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. ``(c) Group Eligibility Requirements.--The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this chapter if the Secretary determines-- ``(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and ``(2) that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1). ``(d) Special Rule for Qualified Subsequent Years.--A group of agricultural commodity producers certified as eligible under section 293 shall be eligible to apply for assistance under this chapter in any qualified year after the year the group is first certified, if the Secretary determines that-- ``(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and ``(2) the requirements of subsection (c)(2) are met. ``(e) Determination of Qualified Year and Commodity.--In this chapter: ``(1) Qualified year.--The term `qualified year', with respect to a group of agricultural commodity producers certified as eligible under section 293, means each consecutive year after the year in which the group is certified that the Secretary makes the determination under subsection (c) or (d), as the case may be. ``(2) Classes of goods within a commodity.--In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. ``SEC. 293. DETERMINATIONS BY SECRETARY. ``(a) In General.--As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meet the requirements. Each certification shall specify the date on which eligibility under this chapter begins. ``(b) Notice.--Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary's reasons for making the determination. ``(c) Termination of Certification.--Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary's reasons for making such determination. ``SEC. 294. STUDY BY SECRETARY WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION. ``(a) In General.--Whenever the International Trade Commission (in this chapter referred to as the `Commission') begins an investigation under section 202 with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of-- ``(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this chapter, and ``(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs. ``(b) Report.--Not later than 15 days after the day on which the Commission makes its report under section 202(f), the Secretary shall submit a report to the President setting forth the findings of the study under subsection (a). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. ``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS. ``(a) In General.--The Secretary shall provide full information to producers about the benefit allowances, training, and other employment services available under this title and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this title. ``(b) Notice of Benefits.-- ``(1) In general.--The Secretary shall mail written notice of the benefits available under this chapter to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this chapter. ``(2) Other notice.--The Secretary shall publish notice of the benefits available under this chapter to agricultural commodity producers that are covered by each certification made under this chapter in newspapers of general circulation in the areas in which such producers reside. ``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY PRODUCERS. ``(a) In General.--Payment of a trade adjustment allowance shall be made to an adversely affected agricultural commodity producer covered by a certification under this chapter who files an application for such allowance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 293, if the following conditions are met: ``(1) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under subsection (a) that was produced by the producer in the most recent year. ``(2) The producer certifies that the producer has not received cash benefits under any provision of this title other than this chapter. ``(3) The producer's net farm income (as determined by the Secretary) for the most recent year is less than the producer's net farm income for the latest year in which no adjustment assistance was received by the producer under this chapter. ``(4) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including-- ``(A) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and ``(B) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements. ``(b) Amount of Cash Benefits.-- ``(1) In general.--Subject to the provisions of section 298, an adversely affected agricultural commodity producer described in subsection (a) shall be entitled to adjustment assistance under this chapter in an amount equal to the product of-- ``(A) one-half of the difference between-- ``(i) an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and ``(ii) the national average price of the agricultural commodity for the most recent marketing year, and ``(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year. ``(2) Special rule for subsequent qualified years.--The amount of cash benefits for a qualified year shall be determined in the same manner as cash benefits are determined under paragraph (1) except that the average national price of the agricultural commodity shall be determined under paragraph (1)(A)(i) by using the 5-marketing-year period used to determine the amount of cash benefits for the first certification. ``(c) Maximum Amount of Cash Assistance.--The maximum amount of cash benefits an agricultural commodity producer may receive in any 12- month period shall not exceed $10,000. ``(d) Limitations on Other Assistance.--An agricultural commodity producer entitled to receive a cash benefit under this chapter-- ``(1) shall not be eligible for any other cash benefit under this title, and ``(2) shall be entitled to employment services and training benefits under sections 235 and 236. ``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS. ``(a) In General.-- ``(1) Repayment.--If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this chapter to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that-- ``(A) the payment was made without fault on the part of such person; and ``(B) requiring such repayment would be contrary to equity and good conscience. ``(2) Recovery of overpayment.--Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this chapter. ``(b) False Statements.--If the Secretary, or a court of competent jurisdiction, determines that a person-- ``(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or ``(2) knowingly has failed, or caused another to fail, to disclose a material fact, and, as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this chapter to which the person was not entitled, such person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this chapter. ``(c) Notice and Determination.--Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final. ``(d) Payment to Treasury.--Any amount recovered under this section shall be returned to the Treasury of the United States. ``(e) Penalties.--Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. ``SEC. 298. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $100,000,000 for each of the fiscal years 2002 through 2006 to carry out the purposes of this chapter. ``(b) Proportionate Reduction.--If in any year, the amount appropriated under this chapter is insufficient to meet the requirements for adjustment assistance payable under this chapter, the amount of assistance payable under this chapter shall be reduced proportionately.''. (b) Conforming Amendment.--The table of contents for title II of the Trade Act of 1974 is amended by inserting after the items relating to chapter 5 the following: ``Chapter 6--Adjustment Assistance for Farmers ``Sec. 291. Definitions. ``Sec. 292. Petitions; group eligibility. ``Sec. 293. Determinations by Secretary. ``Sec. 294. Study by Secretary when International Trade Commission begins investigation. ``Sec. 295. Benefit information to agricultural commodity producers. ``Sec. 296. Qualifying requirements for agricultural commodity producers. ``Sec. 297. Fraud and recovery of overpayments. ``Sec. 298. Authorization of appropriations.''.

Trade Adjustment Assistance for Farmers Act - Amends the Trade Act of 1974 to authorize a group of agricultural commodity producers to petition the Secretary of Agriculture for a certification of eligibility to apply for trade adjustment assistance. Requires the Secretary to determine whether the petitioning group meets certain requirements and, if so, to issue such a certification.Requires the International Trade Commission to notify the Secretary immediately whenever it begins an investigation into whether an agricultural commodity is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to a domestic industry producing an agricultural commodity like or directly competitive with the imported agricultural commodity.Directs the Secretary to provide agricultural commodity producers with information about trade adjustment assistance petition and application procedures, benefit allowances, training, and other employment services.Sets forth certain eligibility requirements for the payment of trade adjustment assistance to adversely affected agricultural commodity producers. Limits to $10,000 the maximum annual amount of cash benefits a producer may receive.Provides for the repayment and recovery of overpayments of trade adjustment assistance made to such producers due to fraud. Sets forth penalties for such fraud.

A bill to amend the Trade Act of 1974 to provide trade adjustment assistance to farmers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Energy First Act''. SEC. 2. FEDERAL GOVERNMENT ACTION REQUIRED AS CONDITION FOR DRAWDOWN FROM STRATEGIC PETROLEUM RESERVE. No petroleum product may be drawn down and sold or exchanged from the Strategic Petroleum Reserve unless the President has taken all of the actions required by sections 3 through 8 of this Act. SEC. 3. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION. (a) Regulations.--The President shall direct the Secretary of the Interior and the heads of all other relevant Federal agencies to treat the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414), as satisfying all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109-58), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary. (b) Amendments to Resource Management Plans and Record of Decision.--Notwithstanding any other law or regulation to the contrary, the President shall direct the Secretary of the Interior and the heads of all other relevant Federal agencies to treat the November 17, 2008, U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement as satisfying all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109-58), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary. SEC. 4. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN THE CENTRAL GULF OF MEXICO. (a) In General.--The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 4 months after the date of enactment of this Act. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 218 IN THE WESTERN GULF OF MEXICO. (a) In General.--The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 218 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 8 months after the date of enactment of this Act. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 6. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN THE CENTRAL GULF OF MEXICO. (a) In General.--The President shall direct the Secretary of the Interior to conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than June 1, 2012. (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 7. KEYSTONE XL PIPELINE PERMIT APPROVAL. (a) Permit Approval.--The President shall direct the Secretary of State to approve the permit described in subsection (b). (b) Description of Permit.--The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). (c) Requirements.--The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3) For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))-- (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B) any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (4) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with-- (A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C) if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d) Modification.--The permit approved under subsection (a) shall require-- (1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and (3) the President-- (A) to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e) Effect of No Approval.--If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law. (f) Private Property Savings Clause.--Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline. SEC. 8. REQUIREMENT TO EXPEDITE PERMITTING FOR EXISTING OIL AND GAS LEASES. The President shall direct the Secretary of the Interior to expedite permitting of activities under oil and gas leases for Federal onshore lands and Federal submerged lands in the Gulf of Mexico.

American Energy First Act - Prohibits petroleum product from being drawn down, sold, or exchanged from the Strategic Petroleum Reserve (SPR) unless the President has taken the actions required by this Act. Instructs the President to direct the Secretary of the Interior (Secretary) and the heads of other relevant federal agencies to treat certain Bureau of Land Management final regulations regarding oil shale management as well as the November 17, 2008, U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement as satisfying all legal and procedural requirements under specified laws. Directs the Secretary to implement the oil shale leasing program authorized in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary. Instructs the President to direct the Secretary to conduct offshore oil and gas: (1) Lease Sale 216 in the Central Gulf of Mexico within four months after enactment of this Act, (2) Lease Sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act, (3) Lease Sale 222 in the Central Gulf of Mexico not later than June 1, 2012. Deems the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement to satisfy the requirements of the National Environmental Policy Act of 1969 for the purposes of such lease sales. Instructs the President to direct the Secretary to: (1) approve a certain permit concerning certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, and (2) expedite permitting of activities under oil and gas leases for federal onshore lands and federal submerged lands in the Gulf of Mexico. Prescribes Keystone XL pipeline permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State. Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route.

To prohibit the drawdown of petroleum from the Strategic Petroleum Reserve unless the President has taken certain actions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Cyberspace Authorities Act of 2010''. SEC. 2. NATIONAL CYBERSPACE OFFICE. (a) Establishment.--There is established within the Executive Office of the President an office to be known as the National Cyberspace Office. (b) Director.--There shall be at the head of the National Cyberspace Office a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Cyberspace Office shall administer all functions under this section and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The National Cyberspace Office shall serve as the principal office for coordinating issues relating to achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government. (c) Authority and Functions of the Director of the National Cyberspace Office.-- (1) Duties of the director.--The Director of the National Cyberspace Office shall-- (A) oversee agency information security policies and practices, including-- (i) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with such policies, principles, standards, and guidelines; (ii) reviewing at least annually, and approving or disapproving, each agency budget relating to the protection of information technology submitted pursuant to subsection (d); (iii) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems; (iv) coordinating information security policies and procedures with related information resources management policies and procedures; (v) overseeing the operation of the Federal information security incident center required under section 3546 of title 44, United States Code; and (vi) reporting to Congress not later than March 1 of each year on agency compliance with the requirements of this Act, including-- (I) a summary of the findings of the independent evaluation required by section 3545 of title 44, United States Code; (II) an assessment of the development, promulgation, and adoption of, and compliance with, standards developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3); (III) significant deficiencies in agency information security practices; (IV) planned remedial action to address such deficiencies; and (V) a summary of, and the views of the Director on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3); (B) encourage public-private working groups with representatives from relevant agencies and industry partners to increase information sharing and policy coordination efforts in order to reduce vulnerabilities in the national information infrastructure; (C) coordinate the defense of information infrastructure operated by agencies in the case of a large-scale attack on information technology, as determined by the Director; (D) establish a national strategy, in consultation with the Department of State, the United States Trade Representative, and the National Institute of Standards and Technology, to engage with the international community to set the policies, principles, standards, or guidelines for information security; and (E) coordinate information security training for Federal employees with the Office of Personnel Management. (2) Consultation.--The head of each agency shall consult with the Director regarding information security policies and practices. (3) Experts and consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Membership on the national security council.--Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended-- (A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (6) the following: ``(7) the Director of the National Cyberspace Office;''. (d) Budget Approval.-- (1) Submission of budget.--The head of each agency shall submit to the Director of the National Cyberspace Office a budget each year for the following fiscal year relating to the protection of information technology for such agency, by a date determined by the Director that is before the submission of such budget by the head of the agency to the Office of Management and Budget. (2) Budget approval.--The Director shall review and approve or disapprove the budget before the submission of such budget by the head of the agency to the Office of Management and Budget. (3) Budget disapproval.--If the Director disapproves a budget under paragraph (2), the Director shall transmit recommendations to the head of the agency for such budget. (4) Budget submission requirements.--Each budget submitted by the head of an agency pursuant to paragraph (1) shall include-- (A) a review of any threats to information technology for such agency; (B) a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; (C) a review of compliance by such agency with any previous year plan described in subparagraph (B); and (D) a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. (5) Cyber security performance.--The National Cyberspace Office may recommend to the President that awards and bonuses be withheld for any agency that failed to make adequate efforts to secure the information infrastructure of such agency. (e) National Security Systems.--Except for the authority described in clauses (iii) and (vi) of subsection (c)(1)(A), the authorities of the Director of the National Cyberspace Office under this section shall not apply to national security systems. (f) Department of Defense and Central Intelligence Agency Systems.-- (1) Delegation of authority.--The authority of the Director of the National Cyberspace Office described in subparagraphs (A)(i) and (C) of subsection (c)(1) shall be delegated to the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of Central Intelligence in the case of systems described in paragraph (3). (2) Department of defense.--The systems described in this paragraph are systems that are operated by the Department of Defense, a contractor of the Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Department of Defense. (3) Central intelligence agency.--The systems described in this paragraph are systems that are operated by the Central Intelligence Agency, a contractor of the Central Intelligence Agency, or another entity on behalf of the Central Intelligence Agency that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Central Intelligence Agency. (g) Conforming Amendments.--Title 44, United States Code, is amended-- (1) in section 3546(a), by striking ``Director'' and inserting ``Director of the National Cyberspace Office''; and (2) in section 3545(e)-- (A) in paragraph (1), by inserting ``and the Director of the National Cyberspace Office'' after ``submit to the Director''; and (B) in paragraph (2), by inserting ``and the Director of the National Cyberspace Office'' after ``the Director''. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code. (2) Information infrastructure.--The term ``information infrastructure'' means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically. (3) Information resources management.--The term ``information resources management'' has the meaning given that term in section 3502 of title 44, United States Code. (4) Information security.--The term ``information security'' has the meaning given that term in section 3542 of title 44, United States Code. (5) Information technology.--The term ``information technology'' has the meaning given that term in section 11101 of title 40, United States Code. (6) National security system.--The term ``national security system'' has the meaning given that term in section 3542 of title 44, United States Code.

Executive Cyberspace Authorities Act of 2010 - Establishes within the Executive Office of the President the National Cyberspace Office, headed by a Director, to coordinate issues relating to achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities of the federal government. Outlines Director duties, including overseeing executive agency information security policies and practices. Requires the inclusion of the Director on the National Security Council. Requires annual Director approval of that part of agency budgets relating to the protection of information technology. Makes the authorities of the Director inapplicable to national security systems. Requires delegation of Director authority, to the Secretary of Defense (DOD) and the Director of the Central Intelligence Agency (CIA), respectively, of those systems of DOD and the CIA that process information the unauthorized access, use, or disclosure of which would have a debilitating effect on either agency's mission.

To establish a National Cyberspace Office, and for other purposes.

SECTION 1. REFUNDABLE CREDIT FOR WETLAND RESTORATION AND CONSERVATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. WETLAND RESTORATION AND CONSERVATION EXPENSES. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year in an amount equal to the sum of-- ``(1) the wetland restoration credit, plus ``(2) the wetland conservation credit, plus ``(3) the wetland easement credit. ``(b) Wetland Restoration Credit.-- ``(1) In general.--The wetland restoration credit for any taxable year is an amount equal to the wetland restoration expenditures paid or incurred by the eligible taxpayer for such taxable year. ``(2) Wetland restoration expenditures.--For purposes of this subsection, the term `wetland restoration expenditure' means an expenditure for the restoration of farmed wetland or prior converted wetland to fully functioning wetland condition-- ``(A) pursuant to a restoration plan approved by the Natural Resources Conservation Service of the Department of Agriculture, and ``(B) paid or incurred during the first 5 years of the qualified conservation agreement or qualified conservation easement relating to such farmed wetland or prior converted wetland. Such term shall not include any expenditure which is required to be made pursuant to any Federal or State law. ``(c) Wetland Conservation Credit.-- ``(1) In general.--The wetland conservation credit for any taxable year is an amount equal to the sum of-- ``(A) the applicable percentage of the soil- specific Conservation Reserve Program rental rate applicable to the eligible taxpayer's qualified wetland for such taxable year under title XII of the Food Security Act of 1985, plus ``(B) any fee for certification of compliance paid or incurred by the eligible taxpayer in such taxable year with respect to the qualified conservation agreement relating to such qualified wetland. ``(2) Applicable percentage.--For purposes of paragraph (1)(A), the applicable percentage is equal to, in the case of an eligible taxpayer who has entered into a qualified conservation agreement with a term of-- ``(A) at least 10 years, but less than 20 years, 50 percent, ``(B) at least 20 years, but less than 30 years, 60 percent, and ``(C) 30 years, 70 percent. ``(3) Denial of credit if wetland easement credit is elected.--With respect to any qualified wetland with respect to which the taxpayer makes an election under subsection (d) for any taxable year, the wetland conservation credit with respect to such qualified wetland for such taxable year is zero. ``(d) Wetland Easement Credit.-- ``(1) In general.--At the election of the eligible taxpayer, the wetland easement credit for any taxable year is an amount equal to the fair market value of any qualified wetland of the taxpayer subject to a qualified conservation easement. ``(2) Determination of value.--For purposes of paragraph (1), the value of such qualified wetland is the fair market value of such qualified wetland in agricultural use (as determined by a certified appraisal) during the taxable year (determined as of the date of the grant of the easement). ``(3) Election.--An election under this subsection shall apply to the taxable year for which made. ``(e) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means a taxpayer who-- ``(A) owns property which consists of-- ``(i) wetlands, farmed wetlands, or prior converted wetlands, and ``(ii) the surrounding or immediately adjacent actively farmed cropland, and ``(B) with respect to such property, has entered into a qualified conservation agreement or a qualified conservation easement. ``(2) Qualified wetland.-- ``(A) In general.--The term `qualified wetland' means-- ``(i) wetland, including farmed wetland or prior converted wetland, which through the use of wetland restoration expenditures is being converted to fully functioning wetland condition, plus ``(ii) as determined under a qualified conservation agreement or a qualified conservation easement, such surrounding or immediately adjacent nonwetland as is appropriate to buffer the water quality or wildlife habitat values associated with the wetland, but only to the extent the nonwetland acreage is not more than 3 times greater than the wetland acreage. ``(B) Certain property excluded.--Such term shall not include any acre of land with respect to which contract or easement payments are received in the taxable year from the Conservation Reserve Program or the Wetlands Reserve Program under title XII of the Food Security Act of 1985. ``(3) Wetland, farmed wetland, and prior converted wetland.--The terms `wetland', `farmed wetland', and `prior converted wetland' shall have the meanings given such terms by title XII of the Food Security Act of 1985. ``(4) Qualified conservation agreement.-- ``(A) In general.--The term `qualified conservation agreement' means an agreement by the eligible taxpayer-- ``(i) with a governmental unit referred to in section 170(c)(1), ``(ii) for a term of not less than 10 years and not more than 30 years, ``(iii) under which the taxpayer agrees to comply with the conservation requirements of subparagraph (B) with respect to the qualified wetland, and ``(iv) under which the taxpayer agrees to obtain a certification of compliance not less than every 5 years during the period of the agreement. ``(B) Conservation requirements.--An eligible taxpayer complies with the conservation requirements of this subparagraph if-- ``(i) the taxpayer does not use the qualified wetland for agricultural production, and ``(ii) the taxpayer does not drain, dredge, fill, level, or otherwise manipulate the qualified wetland (including the removal of woody vegetation, or any activity which results in impairing or reducing the flow, circulation, or reach of water) for the purpose, or that has the effect, of making production of an agricultural commodity or development of built structures on such wetland possible. ``(5) Qualified conservation easement.--The term `qualified conservation easement' means an easement granted in perpetuity by the eligible taxpayer restricting the use which may be made of the qualified wetland to a qualified organization exclusively for conservation purposes (as defined in section 170(h)). ``(f) Special Rules.-- ``(1) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(2) Married couples must file joint returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 35. Wetland restoration and conservation expenses. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Amends the Internal Revenue Code to allow a refundable tax credit for wetland restoration, conservation, and easement expenses for any taxable year. Prescribes formulae for the determination of the three elements of such credit.

A bill to amend the Internal Revenue Code of 1986 to allow a refundable tax credit for wetland restoration and conservation expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lincoln Legacy Infrastructure Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Association of State Highway and Transportation Officials estimates current highway, bridge, public transit, and freight and passenger rail funding needs are approximately $225,000,000,000 to $340,000,000,000 per year through 2055, while current spending is less than $90,000,000,000 per year; (2) according to the organization known as Transportation for America, 69,223 bridges, or 11.5 percent of all highway bridges in the United States, are considered structurally deficient; (3) according to the Congressional Research Service, for fiscal year 2010, the Highway Trust Fund, the primary funding source for highways and transit, received approximately $35,000,000,000 in revenue but spent approximately $50,000,000,000; (4) Congress transferred $34,500,000,000 in general revenue to the Highway Trust Fund during the period of fiscal years 2008 to 2010 to keep the Highway Trust Fund solvent; (5) Highway Trust Fund outlays during the period of fiscal years 2011 to 2021 are expected to exceed revenues and interest by approximately $120,000,000,000; (6) the Congressional Budget Office estimates that the Highway Trust Fund will be unable to meet obligations of the Highway Trust Fund sometime during fiscal year 2012; (7) the United States Chamber of Commerce estimates that further deterioration of transportation networks could result in as much as $336,000,000,000 in lost growth during the 5 years after the date of enactment of this Act; (8) private-public partnerships are an important tool to help address transportation infrastructure shortfalls; (9) infrastructure experts estimate that there is more than $400,000,000,000 available for private-sector capital infrastructure investment; (10) according to the Federal Highway Administration, 29 States and 1 United States territory have enacted legislation enabling private-public partnerships; and (11) State and local governments are uniquely positioned to further develop and use innovative financing methods for all modes of infrastructure. SEC. 3. FEDERAL-AID HIGHWAYS. (a) Vending Machines.--Section 111(b) of title 23, United States Code, is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; and (2) by adding at the end the following: ``(2) Blind vending facilities.--Notwithstanding any other provision of this Act-- ``(A) the Secretary shall not impose any surcharge on a State with respect to any blind vending facility established pursuant to paragraph (1); and ``(B) the priority accorded licensed blind vendors by paragraph (1) shall not be otherwise limited or diminished as a result of the implementation of the Lincoln Legacy Infrastructure Development Act.''. (b) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129(a)(3) of title 23, United States Code, is amended in the last sentence by striking ``for any purpose for which Federal funds may be obligated by a State under this title'' and inserting ``, including revenues received as a result of any agreement entered into by the State for the sale, lease, or concession of a highway, bridge, or tunnel, only for purposes relating to a highway or transit transportation project carried out under this title or title 49''. (c) HOV Facilities.--Section 166(a) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Occupancy requirement.-- ``(A) In general.--Except as provided in subparagraph (B) and in other provisions of this section, not fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(B) Congestion.--In any case in which a State determines that a HOV facility is a degraded facility (as described in subsection (d)(2)(B)) or that the average speed of traffic on a HOV facility slows to less than the minimum average operating speed (as defined in subsection (d)(2)(A)), the State shall require not fewer than 3 occupants per vehicle for use of the HOV facility.''. (d) Innovative Surface Transportation Financing Methods.-- (1) Value pricing pilot program.--Section 1012(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended in the second sentence by striking ``as many as 15 such State or local governments or public authorities'' and inserting ``States, local governments, and public authorities''. (2) Interstate system reconstruction and rehabilitation pilot program.--Section 1216(b)(2) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is amended-- (A) in the first sentence, by striking ``3'' and inserting ``10''; and (B) by striking the second sentence. (e) Express Lanes Demonstration Program.--Section 1604(b)(2) of the SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1250) is amended in the matter preceding subparagraph (A)-- (1) by striking ``15''; and (2) by striking ``2005 through 2009'' and inserting ``2012 through 2017''. (f) Interstate System Construction Toll Pilot Program.--Section 1604(c) of the SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1253) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraphs (9) and (1) as paragraphs (1) and (2), respectively; and (3) in paragraph (8), by striking ``the date of enactment of this Act'' and inserting ``the date of enactment of the Lincoln Legacy Infrastructure Development Act''. SEC. 4. INFRASTRUCTURE FINANCE. (a) Nonsubordination.-- (1) Secured loans.--Section 603(b) of title 23, United States Code, is amended-- (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (2) Lines of credit.--Section 604(b) of title 23, United States Code, is amended-- (A) by striking paragraph (8); and (B) by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. (b) Reauthorization.--Section 608(a) of title 23, United States Code, is amended-- (1) in paragraph (1), by striking ``$122,000,000 for each of fiscal years 2005 through 2009'' and inserting ``$750,000,000 for each of fiscal years 2012 through 2017''; and (2) in paragraph (3) by striking ``$2,200,000 for each of fiscal years 2005 through 2009'' and inserting ``$7,500,000 for each of fiscal years 2012 through 2017''. SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM. (a) Eligible Activities.--Section 822(b)(1) of title 45, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) carry out projects and activities that benefit high-speed rail; or ``(E) carry out development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities.''. (b) Credit Risk Requirements.--Section 822(h)(2) of title 45, United States Code, is amended by inserting ``For purposes of making a finding under subsection (g)(4), the Secretary, through the Administrator of the Federal Railroad Administration, shall consider the net present value of anticipated dedicated revenues or user fees to be collateral offered by the applicant.'' after ``the project.''. (c) Biannual Report.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Administrator of the Federal Railroad Administration shall submit a report to Congress that describes-- (1) the number of loans pending and issued under section 822 of title 45, United States Code; and (2) the time taken to process each of the loans described in paragraph (1). SEC. 6. PUBLIC TRANSPORTATION. (a) Definitions.--In this section-- (1) the term ``Administrator'' mean the Administrator of the Federal Transit Administration; (2) the term ``covered HOT lane facility'' means any high occupancy/toll lane facility used by a bus service operated by a public transportation agency, without regard to whether the high occupancy/toll lane facility was converted from a high occupancy vehicle facility; (3) the term ``eligible project'' means a project carried out using funding under section 5307 or 5309 of title 49, United States Code; (4) the term ``eligible recipient'' means a recipient of funding under section 5307 or 5309 of title 49, United States Code; (5) the term ``experimental program'' means the public- private partnership experimental program established under subsection (b); and (6) the term ``fixed guideway miles'' includes fixed guideway revenue vehicle-miles, fixed guideway route miles, and fixed guideway vehicle passenger-miles. (b) Public-Private Partnership Experimental Program.-- (1) Program established.--The Administrator shall establish a 6-year public-private partnership experimental program to encourage eligible recipients to carry out tests and experimentation in the project development process that are designed to-- (A) attract private investment in covered projects; and (B) increase project management flexibility and innovation, improve efficiency, allow for timely project implementation, and create new revenue streams. (2) Implementation of program.--The experimental program shall-- (A) except as provided in paragraph (5), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in covered projects; and (B) develop procedures and approaches that-- (i) address the impediments described in subparagraph (A), in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as ``SEP-15''); and (ii) protect the public interest and any public investment in covered projects. (3) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until the termination of the experimental program, the Administrator shall submit to Congress a report on the status of the experimental program. (4) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue rules to carry out the experimental program. (5) Rule of construction.--Nothing in this subsection may be construed to allow the Administrator to waive any requirement under-- (A) section 5333 of title 49, United States Code; (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (C) any other provision of Federal law not described in paragraph (2)(A). (c) Determination of Number of Fixed Guideway Miles.-- (1) In general.--For purposes of apportioning funding under sections 5307 and 5309 of title 49, United States Code, the Administrator shall deem covered HOT lane facility miles in an area to be fixed guideway miles attributable to the area. (2) Amount apportioned not affected.--Notwithstanding any other provision of law, the Secretary may not apportion an amount for an urbanized area under section 5307 or 5309 of title 49, United States Code, for fiscal year 2012, or any fiscal year thereafter, that is less than the amount apportioned for the urbanized area under section 5307 or 5309, respectively, for fiscal year 2011, if the reduction in amount is solely attributable to the requirement under paragraph (1). (3) Availability of funds.--There shall be available from the Mass Transit Account of the Highway Trust fund for fiscal year 2012, and each fiscal year thereafter, such sums as are necessary to carry out this subsection. SEC. 7. REMOVAL OF CAP ON EXEMPT FACILITY BONDS USED TO FINANCE QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITIES. (a) In General.--Subsection (m) of section 142 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (2), and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3). (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 8. REDUCTION IN ANNUAL ADJUSTMENTS TO PAY SCHEDULES FOR FEDERAL EMPLOYEES FOR FISCAL YEARS 2013 THROUGH 2021. For each of fiscal years 2013 through 2021, section 5303(a) of title 5, United States Code, shall be applied by substituting ``1 percentage point'' for ``one-half of 1 percentage point''. SEC. 9. FUNDING. Of the Federal funds saved for the period of fiscal years 2013 through 2021 as a result of the application of section 9 of this Act and subsections (b) and (c) of section 147 of the Continuing Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2607, 124 Stat. 3518)-- (1) such sums as may be necessary to carry out this Act and any amendments made by this Act shall be deposited into the Highway Trust Fund; and (2) the remainder of the funds shall be used for purposes of deficit reduction.

Lincoln Legacy Infrastructure Development Act - Prohibits the Secretary of Transportation (DOT) from imposing a federal surcharge on a state that has allowed the placement of blind vending facilities in rest and recreation areas, and in safety rest areas, located on Interstate System (IS) rights-of-way. Revises state high occupancy vehicle (HOV) facility requirements to increase from a minimum of two to a minimum of three the number of occupants per vehicle for use of an HOV facility in cases of congestion meeting certain criteria. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to remove limits on the number of state or local governments or public authorities with which the Secretary may enter into cooperative agreements to establish value pricing pilot programs (in effect, allowing extension of the programs to all such authorities). Amends the Transportation Equity Act for the 21st Century (TEA-21) to increase from 3 to 10 the number of IS highways, bridges, or tunnels where a state may collect tolls for the reconstruction and rehabilitation of IS highway corridors. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to eliminate restrictions on: (1) the number of projects under the express lanes demonstration program (currently 15), and (2) the number of IS facilities on which the Secretary may collect IS construction tolls (currently 3). Eliminates the nonsubordination of secured loans and lines of credit used to finance surface transportation project costs to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. (Thus allows subordination of secured loans and lines of credit to such claims.) Makes eligible for railroad rehabilitation and improvement direct loans and loan guarantees: (1) projects and activities that benefit high-speed rail, and (2) development phase activities. Directs the Administrator of the Federal Transit Administration (FTA) to establish a six-year public-private partnership experimental program to encourage recipients of certain federal assistance to carry out tests and experimentation in the public transportation project development process designed to: (1) attract private investment in such projects (including high occupancy/toll [HOT] lane facilities); and (2) increase project management flexibility and innovation, improve efficiency, allow for timely project implementation, and create new revenue streams. Amends the Internal Revenue Code to remove the cap on the aggregate allowable amount of tax-exempt bonds to finance qualified highway or surface freight transfer facilities. Revises a specified formula in order to reduce annual adjustments to pay schedules for federal employees for FY2013-FY2021.

To amend titles 23, 45, and 49, United States Code, to encourage the use of private-public partnerships in transportation.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``10 Percent Tax Cut Act''. (b) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . SEC. 2. 10 PERCENT REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 13.5% of taxable income. Over $43,050 but not over $104,050. $5,811.75, plus 25.2% of the excess over $43,050. Over $104,050 but not over $158,550. $21,183.75, plus 27.9% of the excess over $104,050. Over $158,550 but not over $283,150. $36,389.25, plus 32.4% of the excess over $158,550. Over $283,150.................. $76,759.65, plus 35.64% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 13.5% of taxable income. Over $34,550 but not over $89,150. $4,664.25, plus 25.2% of the excess over $34,550. Over $89,150 but not over $144,400. $18,423.45, plus 27.9% of the excess over $89,150. Over $144,400 but not over $283,150. $33,838.20, plus 32.4% of the excess over $144,400. Over $283,150.................. $78,793.20, plus 35.64% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,750............... 13.5% of taxable income. Over $25,750 but not over $62,450. $3,476.25, plus 25.2% of the excess over $25,750. Over $62,450 but not over $130,250. $12,724.65, plus 27.9% of the excess over $62,450. Over $130,250 but not over $283,150. $31,640.85, plus 32.4% of the excess over $130,250. Over $283,150.................. $81,180.45, plus 35.64% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,525............... 13.5% of taxable income. Over $21,525 but not over $52,025. $2,905.87, plus 25.2% of the excess over $21,525. Over $52,025 but not over $79,275. $10,591.87, plus 27.9% of the excess over $52,025. Over $79,275 but not over $141,575. $18,194.62, plus 32.4% of the excess over $79,275. Over $141,575.................. $38,379.82, plus 35.64% of the excess over $141,575 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 13.5% of taxable income. Over $1,750 but not over $4,050 $236.25, plus 25.2% of the excess over $1,750. Over $4,050 but not over $6,200 $815.85, plus 27.9% of the excess over $4,050. Over $6,200 but not over $8,450 $1,415.70, plus 32.4% of the excess over $6,200. Over $8,450.................... $2,144.70, plus 35.64% of the excess over $8,450.'' (b) Inflation Adjustment Conforming Amendments.-- (1) Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (C) by striking paragraph (7). (2) The following provisions of such Code are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (c) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) of the Internal Revenue Code of 1986 is amended by striking ``15 percent'' and inserting ``13.5 percent''. (2) Section 1(h) of such Code is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25.2 percent'', and (B) by striking paragraph (13). (3) Section 531 of such Code is amended by striking ``39.6 percent'' and inserting ``35.64 percent''. (4) Section 541 of such Code is amended by striking ``39.6 percent'' and inserting ``35.64 percent''. (5) Section 3402(p)(1)(B) of such Code is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7, 13.5, 25.2 or 27.9 percent''. (6) Section 3402(p)(2) of such Code is amended by striking ``15 percent'' and inserting ``13.5 percent''. (7) Section 3402(q)(1) of such Code is amended by striking ``28 percent'' and inserting ``25.2 percent''. (8) Section 3402(r)(3) of such Code is amended by striking ``31 percent'' and inserting ``27.9 percent''. (9) Section 3406(a)(1) of such Code is amended by striking ``31 percent'' and inserting ``27.9 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1999. (2) Amendments to withholding provisions.--The amendments made by paragraphs (5), (6), (7), (8), and (9) of subsection (c) shall apply to amounts paid after December 31, 1999.

10 Percent Tax Cut Act - Amends the Internal Revenue Code to reduce individual income tax rates by ten percent.

10 Percent Tax Cut Act

SECTION 1. EXEMPTION FROM SEQUESTRATION FOR FISCAL YEAR 2014. (a) In General.--Section 251A(5) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(5)) is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (2) by inserting before subparagraph (B), as redesignated, the following: ``(A) Modification of defense function reductions.--Notwithstanding any other provision of this Act, for discretionary appropriations and direct spending accounts within function 050 (defense function)-- ``(i) for fiscal year 2014, OMB-- ``(I) shall not implement a reduction to such discretionary appropriations and direct spending accounts in the amount allocated under paragraph (4); and ``(II) shall reduce such discretionary appropriations and direct spending by a total amount of $15,000,000,000; ``(ii) for fiscal year 2015, OMB-- ``(I) shall not implement a reduction to such discretionary appropriations and direct spending accounts in the amount allocated under paragraph (4); and ``(II) shall reduce such discretionary appropriations and direct spending by a total amount of $30,000,000,000; ``(iii) for fiscal year 2016, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $2,000,000,000; ``(iv) for fiscal year 2017, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $9,000,000,000; ``(v) for fiscal year 2018, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $9,000,000,000; ``(vi) for fiscal year 2019, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $12,000,000,000; ``(vii) for fiscal year 2020, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $15,000,000,000; ``(viii) for fiscal year 2021, OMB shall increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by $17,400,000,000; and ``(ix) for each of fiscal years 2014 through 2021, OMB shall calculate the amount of the respective reductions to discretionary appropriations and direct spending (as adjusted under this subparagraph) in accordance with subparagraphs (B) and (C).''; (3) in subparagraph (B)(i), as redesignated, by inserting ``as adjusted, if adjusted, in accordance with subparagraph (A)'' after ``paragraph (4)''; and (4) in subparagraph (C), as redesignated-- (A) by inserting ``as adjusted, if adjusted, in accordance with subparagraph (A)'' after ``paragraph (4)''; and (B) by striking ``subparagraph (A)'' and inserting ``subparagraph (B)''. (b) Revised Sequestration Preview Report.--Not later than 10 days after the date of enactment of this Act-- (1) the Office of Management and Budget shall issue a revised sequestration preview report for fiscal year 2014, pursuant to section 254(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(c)), and a revised report on the Joint Committee reductions for fiscal year 2014, pursuant to section 251A(11) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(11)), to reflect the amendments made by subsection (a); and (2) the President shall issue a revised sequestration order of direct spending budgetary reductions for fiscal year 2014 pursuant to section 251A(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(8)).

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Office of Management and Budget (OMB) from implementing the otherwise required 50% sequestrations for FY2014 and FY2015 of discretionary appropriations and direct spending accounts within function 050 (defense function) under the Act. Requires OMB instead to reduce such discretionary appropriations and direct spending amounts by $15 billion for FY2014 and $30 billion for FY2015. Requires OMB for each of FY2016-FY2021 to increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by different specified amounts. (Thus implements the originally required cuts, in their entirety, over the duration of sequestration.) Requires: OMB to issue a revised sequestration preview report for FY2014 and a revised report on the Joint Committee reductions for FY2014 to reflect the amendments made by this Act, and the President to issue a revised sequestration order of direct spending budgetary reductions for FY2014.

A bill to mitigate the reduction in the readiness of our Armed Forces by reducing the defense sequestration cuts for fiscal years 2014 and 2015 but implementing the cuts, in their entirety, over the duration of sequestration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is an Arctic nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands; (2) the Arctic region of the United States-- (A) is home to an indigenous population that has subsisted for millennia on the abundance of marine mammals, fish, and wildlife in the Arctic region, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States; (3) temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average; (4) the Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice-free during summer months in as few as 30 years; (5) those changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, the communities and ecosystems of the people, as well as the marine mammals, fish, and wildlife on which the people depend; and (6) those changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. SEC. 3. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES. Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at the end the following: ``(k) Oil Transportation in Arctic Waters.--The Secretary shall-- ``(1) require that oil produced from Federal leases in Arctic waters in the Chukchi Sea planning area, Beaufort Sea planning area, or Hope Basin planning area be transported by pipeline to onshore facilities; and ``(2) provide for, and issue appropriate permits for, the transportation of oil from Federal leases in Arctic waters in preproduction phases (including exploration) by means other than pipeline.''. SEC. 4. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State all or part of which-- ``(i) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii) the closest point of which is not more than 300 statute miles from the geographical center of any leased tract. ``(B) Distance.--The terms `distance' means minimum great circle distance. ``(C) Indian tribe.--The term `Indian tribe' means an Alaska Native entity recognized and eligible to receive services from the Bureau of Indian Affairs, the headquarters of which is located within 300 miles of the geographical center of a leased tract. ``(D) Leased tract.--The term `leased tract' means a tract leased under this Act for the purpose of drilling for, developing, and producing oil or natural gas resources. ``(E) State.--The term `State' means the State of Alaska. ``(2) Bonus bids.--Subject to paragraphs (4), (5), and (6), effective beginning on the date that is 5 years after the date of enactment of this subsection, the State shall, without further appropriation or action, receive 37.5 percent of any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone. ``(3) Postleasing revenues.--Subject to paragraphs (4), (5), and (6), in addition to bonus bids under paragraph (1), the State shall receive, from leasing of the area, 37.5 percent of-- ``(A) any lease rental payments; ``(B) any lease royalty payments; ``(C) any royalty proceeds from a sale of royalties taken in kind by the Secretary; and ``(D) any other revenues from a bidding system under section 8. ``(4) Allocation among coastal political subdivisions of the state.-- ``(A) In general.--The Secretary shall pay 20 percent of any allocable share of the State, as determined under paragraphs (2) and (3), directly to coastal political subdivisions. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the coastal political subdivisions within 300 miles of the geographical center of the leased tract based on the relative distance of the coastal political subdivisions from the leased tract in accordance with this subparagraph. ``(ii) Distances.--For each coastal political subdivision, the Secretary shall determine the distance between the point on the coastal political subdivision coastline closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among coastal political subdivisions in amounts that are inversely proportional to the applicable distances determined under clause (ii). ``(5) Allocation among regional corporations.-- ``(A) In general.--The Secretary shall pay 33 percent of any allocable share of the State, as determined under this subsection, directly to certain Regional Corporations established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)). ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the Regional Corporations, after determining those Native villages within the region of the Regional Corporation which are within 300 miles of the geographical center of the leased tract based on the relative distance of such villages from the leased tract, in accordance with this paragraph. ``(ii) Distances.--For each such village, the Secretary shall determine the distance between the point in the village closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the qualifying Regional Corporations in amounts that are inversely proportional to the distances of all of the Native villages within each qualifying region. ``(iv) Revenues.--All revenues received by each Regional Corporation shall be-- ``(I) treated by the Regional Corporation as revenue subject to the distribution requirements of section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)(1)(A)); and ``(II) divided annually by the Regional Corporation among all 12 Regional Corporations in accordance with section 7(i) of that Act. ``(v) Further distribution.--A Regional Corporation receiving revenues under clause (iv)(II) shall further distribute 50 percent of the revenues received in accordance with section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)). ``(6) Allocation among indian tribes.-- ``(A) In general.--The Secretary shall pay 7 percent of any allocable share of the State, as determined under this subsection, directly to Indian tribes. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay Indian tribes based on the relative distance of the headquarters of the Indian tribes from the leased tract, in accordance with this subparagraph. ``(ii) Distances.--For each Indian tribe, the Secretary shall determine the distance between the location of the headquarters of the Indian tribe and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the Indian tribes in amounts that are inversely proportional to the distances described in clause (ii). ``(7) Conservation royalty.--After making distributions under paragraphs (2) and (3) and section 31, the Secretary shall, without further appropriation or action, distribute a conservation royalty equal to 6.25 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to provide financial assistance to States under section 6 of that Act (16 U.S.C. 460l-8). ``(8) Deficit reduction.--After making distributions in accordance with paragraphs (2) and (3) and in accordance with section 31, the Secretary shall, without further appropriation or action, distribute an amount equal to 6.25 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into direct Federal deficit reduction.''.

Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases (including explorations), to be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases (including exploration) by means other than pipeline. Requires that the state of Alaska receive 37.5% of: (1) any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone; and (2) specified post-leasing revenues including lease rental payments and lease royalty payments, as well as royalty proceeds from a sale of royalties taken in kind. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 20% of any allocable state share directly to coastal political subdivisions, (2) 33% of any allocable state share to certain Regional Corporations, and (3) 7% of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute 6.25% of certain federal royalty revenues into: (1) a specified land and water conservation fund to provide financial assistance to states, and (2) direct federal deficit reduction.

A bill to amend the Outer Continental Shelf Lands Act to require that oil produced from Federal leases in certain Arctic waters be transported by pipeline to onshore facilities and to provide for the sharing of certain Outer Continental Shelf revenues from areas in the Alaska Adjacent Zone.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep the Government Open Act of 1996''. SEC. 2. FINDINGS. Congress finds that: (1) According to the General Accounting Office, between fiscal year 1962 and fiscal year 1981 there were 32 times when there was a lapse in appropriations for part of the Federal Government because there had not been enacted either an appropriations law or a continuing resolution. During these lapses in appropriations Federal employees continued to work, and the Federal Government continued to obligate funds. Congress then ratified the obligations incurred during the lapse in appropriations. (2) In January 1981, Attorney General Civiletti expressed the opinion that the Anti-Deficiency Act prohibits the operation of the Federal Government during a period of lapsed appropriations except for those emergency situations involving the safety of human life or the protection of property. (3) In 1990, Congress amended the Anti-Deficiency Act to limit the definition of emergencies so as to exclude ``ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.''. (4) Between 1982 and 1994 the longest lapse in appropriations was 3 days. (5) Between December 16, 1995, and January 5, 1996, there was a lapse in appropriations for part of the Federal Government because of a disagreement between the President and the Congress. During this 3-week period, 476,000 Federal employees came to work but were not paid, and 285,000 Federal employees were ordered not to come to work. On January 5, Congress passed a continuing resolution which paid these 761,000 employees for the period December 16 through January 5, and the President signed this resolution. (6) Paying these 285,000 Federal employees for not working for 3 weeks wasted about $1,000,000,000 of the taxpayers' money. (7) Not paying Federal employees during a lapse in appropriations imposes serious financial hardships on many of these employees. (8) Not paying Federal employees during a lapse in appropriations imposes serious hardships on private firms that normally sell to Federal employees. (9) Prohibiting the obligation of Federal funds during a lapse of appropriations imposes serious hardships on State and local governments and private firms that normally receive Federal funds. (10) Prohibiting Federal employees from working imposes serious hardships on citizens who need the services provided by these employees. SEC. 3. AMENDMENT OF THE ANTI-DEFICIENCY ACT. (a) Authority To Enter Into Contracts or Obligations.--Section 1341(a)(1)(B) of title 31, United States Code, is amended by adding before the period at the end the following: ``or unless the President determines that an appropriation is likely to be made for that purpose before the end of the fiscal year in an amount exceeding the contract or obligation''. (b) Work and Payment of Employees.--(1) Section 1342 of title 31, United States Code, is amended by adding at the end the following new sentence: ``However, an officer or employee of the United States Government may continue to supply personal services before an appropriation or continuing resolution is enacted and shall be paid for such services even if no appropriation is enacted if the President determines that an appropriation is likely to be made for that purpose before the end of the fiscal year in an amount exceeding the cost to the Government of such services.''. (2)(A) For any day during a fiscal year on which funds are not available to pay the salary of any official or employee of the United States for which funds were available on the last day of the fiscal year preceding such fiscal year, there are appropriated such sums as may be necessary to maintain such salary at the level of such salary on the last day of the fiscal year preceding the fiscal year during which funds are not available for such purpose. (B) Funds appropriated by this paragraph shall not be available for any day during a fiscal year which occurs after the date of the enactment during such fiscal year of an Act or joint resolution which includes appropriations generally for the department or agency which has the responsibility for paying such salary and which makes no appropriation for such salary. (C) Appropriations and funds made available under this paragraph shall cover all objections or expenditures incurred to pay the salary of any official or employee of the United States during the period for which funds for such salary are made available under this paragraph. (D) Any expenditure made under the appropriation contained in this paragraph shall be charged to the appropriation, fund, or authorization which includes funds for such expenditure whenever a bill or joint resolution in which such appropriation, fund, or authorization is provided for is enacted into law. (E) For purposes of this paragraph, the term ``salary'' includes any benefits paid to or for an official or employee of the United States because of such employment of the official or employee (including medical and dental benefits, life and health insurance premiums, and pension contributions) and any pay and allowances of members of the Armed Forces.

Keep the Government Open Act of 1996 - Amends Federal law to allow an officer or employee of the United States or of the District of Columbia to make a contract or obligation before an appropriation is made if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the contract or obligation. Allows a U.S. officer or employee to continue to supply personal services before an appropriation or continuing resolution is enacted if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the cost to the government. Requires payment for those services even if no appropriation is enacted if the President so determines. Appropriates funds to pay salaries for each day on which funds are not available (unless an appropriations measure is enacted for the applicable department or agency and the measure makes no appropriation for that salary).

Keep the Government Open Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Human Trafficking Act of 2014''. SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX TRAFFICKING OF UNDERAGE VICTIMS. (a) Clarification of Range of Conduct Punished as Sex Trafficking.--Section 1591 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or maintains'' and inserting ``maintains, patronizes, or solicits''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (B) in paragraph (2), by striking ``or obtained'' and inserting ``obtained, patronized, or solicited''; and (3) by striking subsection (c) and inserting the following: ``(c) In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years.''. (b) Definition Amended.--Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or obtaining'' and inserting ``obtaining, patronizing, or soliciting''. (c) Minimum Period of Supervised Release for Conspiracy To Commit Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United States Code, is amended by inserting ``1594(c),'' after ``1591,''. SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX TRAFFICKING PROHIBITIONS. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', ``State'', and ``Task Force'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``covered offense'' means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (3) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Report.--The Director of the Bureau of Justice Statistics shall-- (1) prepare an annual report on-- (A) the rates of-- (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to-- (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and (E) the Attorney General. SEC. 4. DEPARTMENT OF JUSTICE TRAINING AND POLICY. (a) Definitions.--In this section-- (1) the terms ``commercial sex act'', ``severe forms of trafficking in persons'', and ``State'' have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2) the term ``Federal law enforcement officer'' has the meaning given the term in section 115 of title 18, United States Code; (3) the term ``local law enforcement officer'' means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and (4) the term ``State law enforcement officer'' means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Training.--The Attorney General shall ensure that each anti- human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of trafficking in persons. (c) Policy for Federal Law Enforcement Officers.--The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of individuals described in subsection (b). SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS. Section 2516 of title 18, United States Code, is amended-- (1) in paragraph (1)(c)-- (A) by inserting before ``section 1591'' the following: ``section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),''; and (B) by inserting before ``section 1751'' the following: ``section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),''; and (2) in paragraph (2), by inserting ``human trafficking, child sexual exploitation, child pornography production,'' after ``kidnapping,''. SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS. (a) Notification of Plea Agreement or Other Agreement.--Section 3771(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement.''. (b) Appellate Review of Petitions Relating to Crime Victims' Rights.-- (1) In general.--Section 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth sentence the following: ``In deciding such application, the court of appeals shall apply ordinary standards of appellate review.''. (2) Application.--The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.

Combat Human Trafficking Act of 2014 - Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims.    Requires the Director of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that DOJ anti-human trafficking training programs, including programs for federal, state, or local law enforcement officers, include technical training on effective methods for investigating and prosecuting buyers of commercial sex involving sex trafficking victims.

Combat Human Trafficking Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Choices Empowerment and Protection Act''. SEC. 2. MEDICARE ADVANCE DIRECTIVE CERTIFICATION PROGRAM. Part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``medicare advance directive certification program ``Sec. 1849. (a) In General.-- ``(1) Establishment of program.--The Secretary shall establish and implement an Advance Directive Certification Program (in this section referred to as the `Program') under which the Secretary shall encourage eligible beneficiaries to adopt and maintain certified advance directives to guide the delivery of health care to such beneficiaries. The Secretary shall implement the Program within 3 years of the date of enactment of this section. ``(2) Definitions.--In this section: ``(A) Certified advance directive.--The term `certified advance directive' means any written or electronically stored statement by an eligible beneficiary that-- ``(i) provides instructions that outline the kind of medical treatments and care that such beneficiary would want or not want under particular conditions, and may also include the identification of a health care proxy or legal representative to make medical treatment decisions for the beneficiary if the beneficiary becomes unable to make or communicate those decisions; and ``(ii) is offered by an entity that has received accreditation from the Secretary under this section. ``(B) Eligible beneficiary.--The term `eligible beneficiary' means an individual enrolled under this part. ``(3) Voluntary.--Participation in the Program shall be voluntary with respect to the eligible beneficiary and an eligible beneficiary who has registered a certified advance directive under the Program may terminate such directive at any time. Nothing in this section shall require an eligible beneficiary to adopt or maintain a certified advance directive. ``(4) Best practices.--In establishing and implementing the Program, the Secretary shall consider best practices within existing advance directive registry technologies, programs, and systems, including web-based or cloud-based advance directive technologies, which may utilize time and date stamps, video, or other innovative measures to protect the authenticity, improve the quality, and enhance the security of such directives. ``(5) State law.--This section shall in no way supercede, abrogate, or otherwise interfere with State law governing advance directives. ``(b) Registration.-- ``(1) In general.--The Secretary shall establish procedures for an eligible beneficiary to register such beneficiary's adoption of a certified advance directive under the Program. Such procedures shall ensure that registration is available both through an online and manual process. The Secretary shall also establish procedures to ensure Program participants can update previously registered information that is no longer accurate and indicate that an advance directive has been terminated. ``(2) Required information.--In addition to such other information as the Secretary may deem appropriate, an eligible beneficiary seeking to register a certified advance directive under the program shall indicate where the advance directive is maintained. ``(3) Registration periods.--The procedures established under paragraph (1) shall provide that registration under the Program shall occur during-- ``(A) an eligible beneficiary's initial Part C enrollment as described in paragraph (1) of section 1851(e); and ``(B) the annual, coordinated election period under paragraph (3) of such section. ``(4) Privacy and security.-- ``(A) In general.--The Secretary shall ensure that all aspects of the registration system comply with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(B) Access.--The Secretary shall utilize standardized data protections and privacy standards, including the Federal regulations described in paragraph (1), to ensure that the registration record of an eligible beneficiary can only be accessed by-- ``(i) the beneficiary, through the process established under paragraph (1); and ``(ii) providers of services and suppliers participating under this title, through a process established by the Secretary. ``(c) Accreditation.-- ``(1) In general.--Under the Program, the Secretary shall-- ``(A) grant accreditation to advance directive vendors and other entities providing advance directives that meet the accreditation criteria established under paragraph (2); and ``(B) establish a process whereby advance directive vendors and other entities providing advance directives may obtain accreditation under this subsection. ``(2) Accreditation criteria.--The Secretary shall establish accreditation criteria for advance directive vendors and other entities providing advance directives that seek to offer advance directives to be certified under the Program. Such criteria shall include the following: ``(A) Process for adopting advance directive.--The advance directive vendor or other entity providing an advance directive shall allow a beneficiary to create, adopt, modify, and terminate an advance directive-- ``(i) through an online process; and ``(ii) as an alternative to the online process, through a manual process that employs paper documents. ``(B) Access.--The advance directive vendor or other entity providing an advance directive shall maintain advance directives in such a way that-- ``(i) an eligible beneficiary who has adopted an advance directive with such vendor or entity and any family member, legal representative, or health care proxy legally designated by such beneficiary has direct, near real-time online access to the beneficiary's advance directive for purposes of viewing and sharing such advance directive; ``(ii) in the case of an eligible beneficiary who has adopted an advance directive with such vendor or entity or any family member, legal representative, or health care proxy legally designated by such beneficiary who is unable or unwilling to use the online access under subparagraph (A), such individual is able to obtain a hard copy of the beneficiary's advance directive for the purposes of viewing and sharing such advance directive; and ``(iii) providers of services and suppliers participating under this title have near real- time access to the advance directive of an eligible beneficiary who has adopted an advance directive with such vendor or entity. ``(C) Privacy protections.-- ``(i) In general.--The advance directive vendor or other entity providing an advance directive shall comply with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). ``(ii) Access.--Such vendor or entity shall utilize standardized data protections and privacy standards, including the Federal regulations described in paragraph (1), to ensure that the content of an eligible beneficiary's advance directive is owned and maintained by the beneficiary and can only be accessed by-- ``(I) the beneficiary or the beneficiary's designee pursuant to clauses (i) and (ii) of subparagraph (A); and ``(II) a provider of services or a supplier pursuant to subparagraph (A)(iii). ``(D) Security and testing.--The advance directive vendor or other entity providing an advance directive shall certify that-- ``(i) all data management and data transfer elements involved in adopting, maintaining, and accessing the advance directive have successfully passed rigorous independent testing regarding standards of timeliness, accuracy, and efficiency; ``(ii) the data management and data transfer elements involved in adopting, maintaining, and accessing the advance directive meet widely accepted industry security standards; and ``(iii) the system that provides access to the advance directive has passed real-time tests simulating a realistic volume of beneficiaries and providers accessing advance directives simultaneously. ``(E) Certified advance directives.--The advance directive vendor or other entity providing an advance directive shall agree to offer certified advance directives (as defined in subsection (a)(2)(A)). ``(F) Other.--Such other criteria as the Secretary may require. ``(d) Incentive.-- ``(1) In general.--The Secretary shall make a one-time payment of the amount specified in paragraph (2) to each eligible beneficiary that adopts a certified advance directive and registers such directive with the Program. ``(2) Amount.-- ``(A) In general.--For purposes of paragraph (1), the amount specified in this paragraph is-- ``(i) for a beneficiary who registers a certified advance directive with the Program in 2015-- ``(I) in the case of a beneficiary that creates, adopts, and registers a certified advance directive using online processes only, $75; or ``(II) in the case of a beneficiary that creates, adopts, or registers a certified advance directive using a manual process, $50; and ``(ii) for a beneficiary who registers a certified advance directive with the Program in a subsequent year, the amount specified in this paragraph for the preceding year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the preceding year. ``(B) Rounding.--If any amount determined under subparagraph (A) is not a multiple of 10 cents, such amount shall be rounded to the nearest multiple of 10 cents. ``(3) Administration.--The Secretary shall, through a full notice and comment rulemaking process, establish procedures for-- ``(A) making the incentive payment directly to the eligible beneficiary or a personal account maintained by the beneficiary at a financial institution that has been designated by the beneficiary, and ensuring that no other entity receives the payment on the beneficiary's behalf; and ``(B) ensuring that a beneficiary does not receive an incentive payment under this section more than once. ``(e) Education and Outreach.--The Secretary shall work with stakeholders to conduct appropriate educational and outreach activities under the Program, including-- ``(1) the inclusion of detailed information regarding the personal benefits of adopting a certified advance directive and participating in the Program in the Medicare and You handbook under section 1804; and ``(2) the inclusion of detailed information regarding the personal benefits of adopting a certified advance directive and participating in the Program and an explanation of how the Program works (which may include sample certified advance directives, links to the websites of certified advance directive vendors, other entities providing advance directives, and stakeholder organizations, and such other information as the Secretary determines useful) on the Internet website of the Centers for Medicare & Medicaid Services. ``(f) Consultation.--In establishing and implementing the Program, the Secretary shall consult with, and solicit feedback from, a broad array of stakeholders representing the interests of eligible beneficiaries, health care providers, the advance directive industry and advance directive vendors, and faith-based organizations. Such stakeholders shall include physicians, nurses, hospital representatives, palliative and hospice caregivers, advance directive companies and vendors, patients' rights groups, health information privacy experts, elder law experts, senior groups, counselors, chaplains, clergy, ethicists, various other members of the faith community, and other individuals and entities that the Secretary determines appropriate.''.

Medicare Choices Empowerment and Protection Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to: (1) establish an Advance Directive Certification Program to encourage eligible beneficiaries to adopt and maintain certified advance directives to guide the delivery of health care to them, and (2) make a one-time payment (of $50 for using a manual process, of $75 for using on-line processes only) to each eligible beneficiary that adopts a certified advance directive and registers it with the Program.

Medicare Choices Empowerment and Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for the American Diplomats Held Hostage in Tehran Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1979, agents of the Islamic Republic of Iran stormed the United States Embassy in Tehran, taking American military and diplomatic personnel hostage. (2) The Iranian Government then held United States Embassy personnel as hostages for 444 days, subjecting them to profound physical and mental abuse, and forcing the United States to negotiate their release, under duress. (3) In the resultant agreement (commonly known as the Algiers Accords) the United States agreed, among other steps, to bar and preclude the hostages from prosecuting any claim against Iran in United States courts. (4) The Algiers Accords were never submitted to Congress for ratification and none of the hostages or their family members was consulted by the United States Government or consented to these provisions precluding prosecution of their claims. (5) Notwithstanding the applicability of legal principles which allowed the United States to renounce this obligation to bar and preclude the prosecution of claims in United States courts because they were so clearly negotiated under duress, the United States Government has repeatedly intervened in United States courts to preclude the prosecution of any claim by the hostages against Iran, arguing that, in its opinion, compliance with this agreement served overriding national security interests which justified the taking of the hostages' right to pursue compensation from Iran in United States courts. (6) The United States Government has failed to propose any process by which the hostages and their family members could be compensated for the injuries and damages suffered by them by reason of the horrific and heinous treatment while in captivity. (7) Congress has determined that the provision of compensation to the hostages and their families through, among other sources, funds obtained by vesting and liquidating property in which Iran and its surrogates claim an interest (including any funds held by the United States, including in trust) is fully consistent with the Algiers Accords. (8) Congress has determined that, only upon the payment of such compensation, should the agreement by the United States Government to bar and preclude prosecution of such claims in United States courts be confirmed and ratified by legislation, notwithstanding the duress under which the United States originally negotiated that agreement. SEC. 3. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN. (a) Common Fund for Hostages.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (as identified in case number 1:08-CV-00487 (EGS) of the United District Court for the District of Columbia). Such common fund shall-- (1) be administered to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia; and (2) be administered for purposes of satisfying such claims, as approved by the class representatives and agents identified in that case number. (b) Funding.-- (1) Sources.-- (A) Fines and penalties.-- (i) In general.--The President shall pay to the fund under subsection (a) an amount equal to 50 percent of all amounts collected as fines and penalties by reason of the application of clause (ii) on or after the date of enactment of this Act. The total amount of payments that may be made into the fund under this clause may not exceed the estimated total amount of payments to be made under subsection (d). (ii) Fines and penalties.--The maximum fines and penalties authorized to be imposed, in whole or in part, for violations of any conduct or activities with respect to any government or person by reason of their connection with or sponsorship by Iran are hereby increased by 100 percent. (B) Seized or frozen assets.--The President is authorized to pay to the fund under subsection (a)-- (i) any funds or property in which Iran has an interest, and (ii) any funds or property in which any person or entity subject to any law providing for sanctions against Iran by reason of such person's or entity's relationship to or connection with Iran has an interest, held by the United States (including in the form of a trust) or subject to any prohibition or regulation with respect to any financial transactions in connection therewith. The President is authorized to vest and liquidate any property identified in this subparagraph in order to make payment as provided in this subparagraph. (2) Timing of funding.--Payments of claims from the fund under subsection (a)-- (A) using funds held by the United States or funds that become subject to prohibition or regulation as of the date of enactment of this Act shall be made not later than 60 days of the date of enactment of this Act; and (B) using funds which come into the possession of the United States or funds that become subject to prohibition or regulation after the date of enactment of this Act shall be paid not later 60 days after coming into the possession of the United States or funds that become subject to prohibition or regulation, as the case may be. (3) Satisfaction of claims.--Payments to the fund under subsection (a) shall be made until the amounts described in subsection (d) are satisfied in full. If the President determines that the amounts can be fully satisfied within 1 year after the date of enactment of this Act from funds other than those held by the United States as trustee, the President may defer payment of funds held by the United States as trustee until one year after such date of enactment, but shall ensure during such 1-year period of deferral that any such funds held by the United States as trustee shall not be disbursed, transferred or otherwise constrained for payment as otherwise may be required under this Act. (c) Distribution of Funds.-- (1) In general.--Funds paid to the fund under subsection (b) shall be distributed by the class representatives and agents to the former American hostages in Iran and their survivors (as identified in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia) in the amounts described in subsection (d). (2) Priority.--Subject to subsection (d), payments from funds paid to the fund under subsection (b) shall be distributed as follows: (A) First, to each living former hostage identified as a class member under subsection (a)(1). (B) Second, to the estate of each deceased former hostage identified as a class member under subsection (a)(1). (C) Third, to each spouse or child of a former hostage identified as a class member under subsection (a)(1) if the spouse or child is identified as a class member under subsection (a)(1). (d) Amount of Payments.--The amount of payments from funds paid to the fund under subsection (b) shall be distributed as follows: (1) For each former hostage described in subsection (c)(2)(A), $10,000 for each day of captivity of the former hostage. (2) For the estate of each deceased former hostage described in subsection (c)(2)(B), $10,000 for each day of captivity of the former hostage. (3) For each spouse or child of a former hostage described in subsection (c)(2)(C), $5,000 for each day of captivity of the former hostage. (e) Subrogation.--The United States shall be fully subrogated, with respect to payments under this Act, to all rights of each individual paid under subsection (d) against the Government of Iran or the Iranian Revolutionary Guard Corps or its affiliates or agents. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways until such subrogated claims have been resolved to the satisfaction of the United States. (f) Preclusion of Suit and Waiver of Claims.--Upon payment of all amounts described in subsection (d), each person receiving such payment shall be precluded from bringing suit against Iran of any claim arising out of events occurring between November 3, 1979, and January 20, 1981, and all such claims as against Iran shall be deemed waived and forever released. (g) Reimbursement of Seized or Frozen Assets.--Upon payment of all amounts described in subsection (d), the President is authorized to make payments from amounts paid to the fund under subsection (b)(1)(A) to any person or entity described in subsection (b)(1)(B) for purposes of reimbursing such person or entity for funds or property of such person or entity held by the United States as identified in subsection (b)(1)(B). (h) Deposit of Funds in the Treasury.--Any amounts in the fund under subsection (a) which remain after the date on which payments of all amounts described in subsection (d) are made, or the date that is 2 years after the date of the enactment of this Act, whichever occurs later, shall be deposited in the Treasury of the United States.

Justice for the American Diplomats Held Hostage in Tehran Act - Directs the Secretary of the Treasury to establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (case number 1:08-CV-00487 (EGS) of the U.S. District Court for the District of Columbia) in order to pay claims to the American hostages and to family members identified as class members. Finances the fund from: (1) fines and penalties for violations of activities with respect to any government or person by reason of a connection with Iran, and (2) seized or frozen Iranian assets or assets from persons or entities subject to Iran-related sanctions. Sets forth payment priority and amount provisions. States that the United States shall be fully subrogated with respect to payments to all rights of each individual paid under this Act against the government of Iran or the Iranian Revolutionary Guard Corps (IRGC).

To establish a common fund to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08-CV-00487 (EGS) of the United States District Court for the District of Columbia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Service Line of Duty Death Gratuity Act of 2011''. SEC. 2. DEATH GRATUITY. Subsection (a) of section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended, in the first sentence, by inserting ``or $100,000, whichever is greater'' after ``one year's salary at the time of death''. SEC. 3. INCREASED GROUP LIFE INSURANCE BENEFITS APPLICABLE TO THOSE KILLED IN THE LINE OF DUTY. (a) In General.--Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following new section: ``SEC. 415. INCREASED GROUP LIFE INSURANCE BENEFITS APPLICABLE TO THOSE KILLED IN THE LINE OF DUTY. ``Notwithstanding the amounts specified in chapter 87 of title 5, United States Code, a Foreign Service employee (as such term is defined in section 413) or Government executive branch employee who is subject to the authority of the chief of mission pursuant to section 207 and is killed as a result of an act of violence in the line of duty, as determined by the Secretary, in an operation or area that the Secretary of State designates, in writing, as a combat operation or a zone of combat shall be deemed to be insured under such chapter for $400,000 if such amount is greater than the amount for which such employee is otherwise insured under such chapter.''. (b) Clerical Amendment.--The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following new item: ``Sec. 415. Increased group life insurance benefits applicable to those killed in the line of duty.''. SEC. 4. REQUIREMENT TO PROVIDE COMPENSATION. (a) Compensation Requirement.-- (1) In general.-- (A) Requirement.--Notwithstanding the amount specified in subsection (a) of section 413 of the Foreign Service Act of 1980, as amended by section 2 of this Act, the Secretary of State shall provide a death gratuity payment under such section in the amount specified in paragraph (2) of this subsection to the surviving dependents of a Foreign Service employee (as such term is defined in such section 413) or a Government executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act of 1980, or to an individual otherwise serving at a United States diplomatic or consular mission abroad without a regular salary, who was killed in the August 7, 1998, bombing of the United States Embassy in Nairobi, Kenya. (B) Deadlines.--Subject to available appropriations, the Secretary of State-- (i) shall make a partial payment of the death gratuity payment to eligible individuals not later than 180 days after the date of the enactment of this Act; and (ii) is authorized to make additional partial payments, as appropriations become available, until the compensation level required under paragraph (2) has been satisfied. (C) Minimum payment.--The amount of the payment under subparagraph (B)(i) shall be equal to or greater than the $4,000,000 previously appropriated for such purpose by title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161; 121 Stat. 2277) under the heading ``Diplomatic and consular programs''. (2) Compensation level.-- (A) Salary multiple.--A payment pursuant to paragraph (1) of a death gratuity payment under section 413 of the Foreign Service Act of 1980 shall be in an amount equal to ten times the salary specified in subparagraph (B). (B) Calculation of salary.--For purposes of this paragraph, the salary of an individual used to determine payments under such section shall be $94,000. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary for purposes of making payments under this section, including amounts appropriated by title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161; 121 Stat. 2277) under the heading ``diplomatic and consular programs''.

Foreign Service Line of Duty Death Gratuity Act of 2011 - Amends the Foreign Service Act of 1980 to provide increased group life insurance benefits for a Foreign Service or government executive branch employee killed in a location designated as a danger pay post. Directs the Secretary of State to provide a specified death gratuity payment to the surviving dependents of a Foreign Service or a government executive branch employee serving at a U.S. diplomatic or consular mission abroad without a regular salary who was killed in the August 7, 1998, bombing of the U.S. Embassy in Nairobi, Kenya. Authorizes appropriations for such payments.

To provide compensation to relatives of Foreign Service members killed in the line of duty and the relatives of United States citizens who were killed as a result of the bombing of the United States Embassy in Kenya on August 7, 1998, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Reinvestment Extension Act of 2002''. SEC. 2. INVOLUNTARY CONVERSION RELIEF FOR PRODUCERS FORCED TO SELL LIVESTOCK DUE TO WEATHER-RELATED CONDITIONS OR FEDERAL LAND MANAGEMENT AGENCY POLICY OR ACTION. (a) Income Inclusion Rules.--Subsection (e) of section 451 of the Internal Revenue Code of 1986 (relating to general rule for taxable year of inclusion) is amended to read as follows: ``(e) Special Rule for Proceeds From Livestock Sold on Account of Weather-Related Conditions or Federal Land Management Agency Policy or Action.-- ``(1) In general.--If-- ``(A) a taxpayer sells or exchanges livestock in excess of the number the taxpayer would sell if he followed his usual business practices, and ``(B) the taxpayer establishes that, under his usual business practices, the sale or exchange would not have occurred in the taxable year in which it occurred if it were not for-- ``(i) a drought, flood, or other weather- related condition that resulted in the area being designated as eligible for assistance by the Federal Government, or ``(ii) forced sales resulting from Federal land management agency policy or action, the taxpayer may elect to include income from such excess sales or exchanges for the second taxable year following the taxable year in which the circumstance applicable under subparagraph (B) ceased to exist. ``(2) Limitation.--Paragraph (1) shall apply only to a taxpayer whose principal trade or business is farming (within the meaning of section 6420(c)(3)). ``(3) Special rules for drought designations.--For purposes of this subsection, areas may be designated as eligible for drought condition assistance-- ``(A) by Federal Government declaration, or ``(B) through Farm Service Agency flash reports as verified and approved by the Farm Service Agency director of the State in which such condition exists.''. (b) Rules for Replacement of Involuntarily Converted Livestock.-- Subsection (e) of section 1033 of such Code (relating to involuntary conversions) is amended to read as follows: ``(e) Livestock Sold on Account of Weather-Related Conditions or Federal Land Management Agency Policy or Action.-- ``(1) In general.--For purposes of this subtitle, the sale or exchange of livestock (other than poultry) by the taxpayer in excess of the number the taxpayer would sell if he followed usual business practices, shall be treated as an involuntary conversion to which this section applies if such livestock are sold or exchanged by the taxpayer solely on account of-- ``(A) drought, flood, or other weather-related conditions, or ``(B) forced sales caused by Federal land management agency policy or action. ``(2) Extension of replacement period.-- ``(A) Droughts, etc.--In a case to which paragraph (1)(A) applies, the 2-year period in subsection (a)(2)(B) shall not expire before the later of-- ``(i) 4 years after the close of the first taxable year in which any part of the gain upon the conversion is realized, or ``(ii) 2 years after the close of the taxable year in which the drought, flood, or other weather-related condition ceased to exist. ``(B) Forced sales.--In a case to which paragraph (1)(B) applies, the 2-year period in subsection (a)(2)(B) shall not expire before 2 years after the close of the taxable year in which the forced sales resulting from Federal land management agency policy or action have ended.''. (3) Conversion by heirs.--Section 1033(a)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Conversion of certain property by heirs.--In the case of an involuntary conversion of property described in subsection (e), if the taxpayer dies during the period specified in subparagraph (B), the requirements of subparagraph (A) shall be satisfied if the decedent's-- ``(i) personal representative, ``(ii) the beneficiary of the converted property, if no personal representative exists, or ``(iii) the trustee in the case of a trust, replaces the property within such period.''. (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 2000.

Livestock Reinvestment Extension Act of 2002 - Amends the Internal Revenue Code to allow farmers to delay the inclusion in income of the amount earned from the sale of excess livestock due to Federal land management policy or action or to severe weather conditions until the second year following the year in which the special circumstance ceased to exist.(present law allows for inclusion of such income in the year following a year of severe weather).Sets forth new rules for drought designations. Modifies rules for replacement of involuntarily converted livestock, including to extend the replacement period (for both weather-related sales and sales forced by Federal policy) and to prescribe that an heir to an estate may replace such property within the required time frame.Applies this Act to sales and exchanges made after December 31, 2000.

To amend the Internal Revenue Code of 1986 to provide involuntary conversion tax relief for producers forced to sell livestock due to weather-related conditions or Federal land management agency policy or action, and for other purposes.

SECTION 1. MODIFICATION OF POLICY ON PLUTONIUM USE. (a) Findings.--The Congress finds the following: (1) All grades of plutonium, irrespective of their designation as civil or military, can be used to make nuclear explosive devices. (2) The Department of Defense has stated its view that the proliferation risks posed by reprocessing and separated plutonium under international safeguards are unacceptably high. (3) The Deputy Director of the International Atomic Energy Agency stated that the excess of plutonium from civilian nuclear programs poses a major political and security problem worldwide. (4) Reprocessing programs that will produce large stockpiles of civil plutonium in nations not deemed to pose a proliferation risk may encourage or be used to justify such programs in nations and regions that pose a proliferation risk. (5) There are already large surplus stockpiles of separated plutonium in the world. (6) Abundant and inexpensive global sources of uranium and uranium enrichment services have steadily eroded the economic need for the use of plutonium in civilian nuclear reactors. (7) Breeder reactors were once supposed to be the principal consumers of civil plutonium but have now encountered major financial and technical problems and recently have been abandoned or shut down in Germany, France, and Britain and have suffered major delays in Japan. (8) Reprocessing was once regarded as an economic and efficient approach to nuclear fuel recycling and waste management but is now widely recognized as extremely costly and posing major environmental hazards. (9) The United States has suspended the production of military plutonium and has abandoned civil reprocessing and commercial breeder reactor development in the United States. (10) The plutonium to be recovered from dismantled United States and Russian warheads will further augment large surplus stockpiles of separated plutonium in the world. (11) Russia continues to separate plutonium for both civil and military purposes and has accumulated a surplus of some 30 tons of civil plutonium, for which there is no safe, commercially viable application. (12) Much of the world surplus of civil plutonium has resulted from reprocessing in the United Kingdom, France, and Japan of spent fuel derived from United States-origin low enriched uranium, and the United States continues to bear responsibility for the transfer and disposition of such material under nuclear cooperation agreements with these countries. (13) Enormous amounts of additional civil plutonium, exceeding the amounts of plutonium now contained in nuclear weapons, may soon be recovered in reprocessing plants that are to be started up or constructed in the United Kingdom, France, and Japan in the near future. (14) Once these new plants start up and become contaminated with radiation, the environmental difficulties of shutdown and clean-up increase dramatically. (15) The new Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom, if operated as proposed, will separate 59 tons of plutonium from spent fuel over the next decade. (16) The President has written to Members of Congress that he has asked for a review of United States nonproliferation policies, including specific attention to the issue of British reprocessing. (17) The Irish government declared on February 1st that the bringing on stream of THORP represents an additional and unnecessary risk to the health and safety of the Irish population and that the accumulation of plutonium with no commercial use constitutes a grave proliferation risk. (18) The parties to the 1974 Convention for the Prevention of Marine Pollution from Land-based Sources agreed on June 16 that a new or revised discharge authorization for radioactive discharges from nuclear reprocessing installations should only be issued by national authorities if special consideration is given to information on the need for spent fuel reprocessing and on other options, a full environmental impact statement, and other criteria. (19) The Government of the United Kingdom is currently conducting an internal review, scheduled to be completed this year, to determine if THORP will be allowed to start up or if an independent public inquiry into its operation will be held prior to a start-up determination. (20) In a June 1993 report by the General Accounting Office entitled ``Nuclear Non-Proliferation: Japan's Shipment of Plutonium Raises Concerns about Reprocessing'', a British Government official was quoted as stating that the rationale for operating THORP is no longer valid because THORP cannot be a financially successful venture, and that without economic justification to engage in commercial reprocessing, the basis for reprocessing in the United Kingdom has collapsed. (b) Sense of Congress.--It is the sense of Congress that the start- up or continued operation of any plutonium separation plant presents serious environmental hazards and increases the risk of nuclear proliferation and therefore should be suspended until the outstanding proliferation and environmental concerns set forth in subsection (a) have been thoroughly addressed and resolved. (c) Presidential Action.--The Congress urges the President-- (1) to convey the sense of the Congress set forth in subsection (b) to the Governments of the United Kingdom, France, Japan, and Russia; and (2) to address the proliferation and environmental implications of THORP in high-level bilateral discussions with the Government of the United Kingdom before the conclusion of the review described in subsection (a)(19).

Expresses the sense of the Congress that the start-up or continued operation of any plutonium separation plant presents serious environmental hazards and increases the risk of nuclear proliferation and should be suspended until specified proliferation and environmental concerns have been resolved. Urges the President to: (1) convey such opinion to the Governments of the United Kingdom, France, Japan, and Russia; and (2) address the proliferation and environmental implications of the new Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom in high-level discussions with the Government of the United Kingdom before the conclusion of such Government's internal review of whether THORP will be allowed to start up.

To address the policy of the United States on plutonium use.

SECTION 1. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after June 30, 1998. SEC. 2. MODIFICATIONS OF CREDIT FOR QUALIFIED RESEARCH EXPENSES. (a) Fixed-Base Percentage.--Subparagraph (A) of section 41(c)(3) of the Internal Revenue Code of 1986 (defining fixed-base percentage) is amended to read as follows: ``(A) In general.--Except as otherwise provided in this paragraph, the fixed-base percentage is the percentage which the aggregate qualified research expenses of the taxpayer for taxable years beginning in the base period is of the aggregate gross receipts of the taxpayer for such taxable years. For purposes of the preceding sentence, the base period for any taxable year is any period of 4 consecutive taxable years elected by the taxpayer from the 10 immediately preceding taxable years.'' (b) Start-Up Companies.-- (1) Fixed-base percentage.-- (A) In general.--Clause (i) of section 41(c)(3)(B) of such Code (relating to start-up companies) is amended to read as follows: ``(i) Taxpayers to which subparagraph applies.--The fixed-base percentage shall be determined under this subparagraph if the taxpayer did not have both gross receipts and qualified research expenses in each of the 10 taxable years described in subparagraph (A).'' (B) Maximum percentage not to apply.--Section 41(c)(3)(C) of such Code (relating to maximum fixed- base percentage) is amended by adding at the end the following: ``This subparagraph shall not apply to a taxpayer to which subparagraph (B) applies.'' (C) Conforming amendments.--Section 41(c)(3)(B)(ii) of such Code is amended-- (i) by striking ``1st 5 taxable years beginning after December 31, 1993'' and inserting ``1st 5 taxable years in the 10-year period described in subparagraph (A)'', and (ii) by inserting ``and'' at the end of subclause (V), by striking ``, and'' at the end of subclause (VI), and by striking subclause (VII). (2) Repeal of minimum base amount for start-up companies.--Section 41(c)(2) of the Internal Revenue Code of 1986 (relating to minimum base amount) is amended by adding at the end the following: ``This paragraph shall not apply to a taxpayer to which paragraph (3)(B) applies.'' (c) Repeal of Limitation on Contract Research Expenses.--Section 41(b)(3) of the Internal Revenue Code of 1986 (defining contract research expenses) is amended-- (1) by striking ``65 percent of'' in subparagraph (A), and (2) by striking subparagraph (C). (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Transition rule.--In the case of a taxpayer's 1st 5 taxable years beginning after December 31, 1998, the taxpayer may elect to have section 41 of the Internal Revenue Code of 1986 applied without regard to the amendments made by subsections (a) and (b). SEC. 3. MODIFICATIONS OF BASIC RESEARCH CREDIT. (a) Expansion of Credit to Research Done With National Laboratories and Federal Research Centers.--Section 41(e)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) National laboratories and research centers.-- Any organization which is-- ``(i) a national laboratory specified by the Secretary of Energy as being under contract with the Department of Energy, or ``(ii) a federally funded research and development center (within the meaning of section 2367 of title 10, United States Code).'' (b) Basic Research.--Section 41(e)(7) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new subparagraph: ``(F) Specific commercial objective.--For purposes of subparagraph (A), research shall not be treated as having a specific commercial objective if-- ``(i) all results of such research are to be published in such a manner as to be available to the general public prior to their use for a commercial purpose, or ``(ii) such research is done for a consortium of domestic corporations which represent substantially all of the domestic corporations conducting business within the sector to which the research relates.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Modifies the fixed-base percentage used in determining such credit. Makes the credit available to additional laboratories and centers. Revises the definition of basic research.

A bill to amend the Internal Revenue Code of 1986 to enhance the global competitiveness of United States businesses by permanently extending the research credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Mediation Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act: (1) Agricultural mediation program.--The term ``agricultural mediation program'' means a program administered by a State (in accordance with this Act) for the mediation of disputes arising under an eligible Department program. (2) Department.--The term ``Department'' means the United States Department of Agriculture. (3) Eligible department program.--The term ``eligible Department program'' means a program of the Department under which disputes may be resolved under an agricultural mediation program, as determined by the Secretary under section 4. (4) Mediation.--The term ``mediation'' means a process of negotiation in which an impartial third party attempts to assist parties in negotiating a mutually agreeable resolution of a dispute. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. PURPOSES. The purposes of this Act are to provide the Secretary with the authority to-- (1) determine which programs of the Department are eligible for mediation, which has proven to be a valuable means of alternative dispute resolution; and (2) certify States to administer mediation for eligible Department programs. SEC. 4. DETERMINATION OF ELIGIBLE DEPARTMENT PROGRAMS. (a) Determination.--The Secretary is authorized to determine which programs of the Department are eligible Department programs. (b) Determination Factors.--In making the determination, the Secretary shall consider-- (1) the complexity and technical nature of the Department program; (2) the protection of the interests of program participants; and (3) whether mediation as a form of dispute resolution would achieve fairness for program participants and the Department. SEC. 5. NOTICE OF ELIGIBLE DEPARTMENT PROGRAMS. Not later than 120 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register-- (1) notice of which programs of the Department are eligible Department programs; and (2) a solicitation to States to apply for certification to administer agricultural mediation programs for the eligible Department programs. SEC. 6. CERTIFICATION OF STATES TO ADMINISTER AGRICULTURAL MEDIATION PROGRAMS. (a) In General.--For purposes of this Act, a State is qualified to administer an agricultural mediation program if the Secretary certifies that a proposal by the State to administer the program satisfies the requirements of this section. (b) Determinations.--The Secretary shall determine whether a State is qualified to administer an agricultural mediation program of the State not later than 30 days after the Secretary receives from the State a description of the proposed agricultural mediation program and a statement certifying that the State has met all of the requirements of subsection (c). (c) Certification Requirements.--To obtain certification to administer an agricultural mediation program, a State must-- (1) demonstrate a need for the agricultural mediation program within the State based on the agricultural activity, and the number of participants, involved; (2) ensure that mediation services will be offered to all individuals who are or may be eligible to participate in the eligible Department program; (3) ensure that the agricultural mediation program is administered by the State or an authorized agent of the State; (4) provide for the training of mediators; (5) ensure that confidentiality of the mediation sessions will be maintained; and (6) ensure that persons and agencies of the Department affected by the program, as determined by the Secretary, receive adequate notification of the agricultural mediation program. SEC. 7. RECERTIFICATION. (a) In General.--To retain certification to administer an agricultural mediation program, a State must-- (1) recertify the program in a manner prescribed by the Secretary; and (2) provide affected agencies of the Department with all information required by the Secretary (in consultation with interested parties) on the disputes mediated under the program, subject to the confidentiality requirements of Federal and State law. (b) Public Availability.--The information described in subsection (a)(2) shall be made available by the Secretary to the public. SEC. 8. MATCHING GRANTS TO STATES. (a) In General.--Subject to the availability of appropriations, the Secretary shall provide matching grants to a State for the administration and operation of an agricultural mediation program. (b) Amount.--Subject to the availability of appropriations, the Secretary may pay up to 70 percent of the cost of the administration and operation of an agricultural mediation program by a State. (c) Use.--A State that receives a matching grant to administer an agricultural mediation program under this section may use the financial assistance only to administer and operate the program. (d) Penalty.--If the Secretary determines that a State has not complied with subsection (c), the State shall not be eligible for additional matching grants under this section. SEC. 9. ADMINISTRATION. (a) Information.--If the Secretary receives a request from a person for information or analysis that is relevant to a mediated dispute (as determined by the Secretary), the Secretary shall provide the information or analysis to the person. (b) Participation by Secretary.--Subject to subsection (c), the Secretary shall participate in each agricultural mediation program established under this Act. (c) Mediation Nonbinding on the Secretary.--The Secretary shall not be bound by a decision or negotiated agreement resulting from mediation conducted under an agricultural mediation program if the Secretary has not agreed to the decision or agreement. SEC. 10. REGULATIONS. The Secretary shall issue regulations to carry out this Act not later than 120 days after the date of enactment of this Act. SEC. 11. CONSTRUCTION. The authority provided by this Act is in addition to, and in no way affects, the authority provided under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.). SEC. 12. CONFORMING AMENDMENTS. (a) Waiver of Farm Credit Mediation Rights by Borrowers.--Section 4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e) is amended by striking ``the agricultural loan'' and inserting ``an agricultural''. (b) Waiver of FmHA Mediation Rights by Borrowers.--Section 358 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006) is amended by striking ``the agricultural loan'' and inserting ``an agricultural''. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $7,500,000 for each of fiscal years 1995 through 1998. (b) Fees.--The Secretary is authorized, subject to the availability of funds appropriated in advance, to expend such funds as are necessary to pay any fees charged to an agency that administers an agricultural mediation program for mediating individual disputes to which the agency is a party. SEC. 14. TERMINATION OF AUTHORITY. The authority provided by this Act shall terminate on September 30, 1998. SEC. 15. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall become effective on the date of enactment of this Act. (b) Transitional Provision.--During the 2-year period beginning on the date of enactment of this Act, a State that (on the date of enactment of this Act) is certified to carry out an agricultural loan mediation program under title V of the Agricultural Credit Act of 1987 (7 U.S.C. 5101 et seq.) shall be considered certified (under section 6 of this Act) to administer any agricultural mediation program. Passed the Senate May 25 (legislative day, May 16), 1994. Attest: MARTHA S. POPE, Secretary.

Agricultural Mediation Act of 1994 - Authorizes the Secretary of Agriculture to determine which Department of Agriculture programs are eligible for State mediation programs. Sets forth State program certification requirements. Directs the Secretary to provide State programs with matching grants. Authorizes appropriations. Terminates program authority on September 30, 1998.

Agricultural Mediation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Music Licensing and Ownership Act''. SEC. 2. ESTABLISHMENT OF DATABASE FOR NONDRAMATIC MUSICAL WORKS AND SOUND RECORDINGS. (a) Nondramatic Musical Works and Sound Recordings Database.-- Chapter 7 of title 17, United States Code, is amended by adding at the end the following: ``Sec. 711. Nondramatic musical works and sound recordings database ``(a) Establishment and Maintenance.--The Register of Copyrights shall establish and maintain an informational database of nondramatic musical works and sound recordings subject to protection under this title. ``(b) Contents.--The database established under subsection (a) shall include, at a minimum, for each nondramatic musical work and sound recording subject to protection under this title, the following information: ``(1) The title. ``(2) The copyright registration date, if any. ``(3) An identification of each owner of the copyright of the work or recording. ``(4) An identification of any entity, including a performing rights society, music publisher, or record label, through which the work or recording may be licensed. ``(5) The international standard musical work code or the international standard recording code. ``(6) The name of each recording artist featured on the work or recording. ``(7) Each album title containing the work or recording. ``(8) Each catalog number and each label name used on phonorecords of the work made and distributed to the public. ``(9) Any other information the Register of Copyrights determines to be appropriate or necessary. ``(c) Accessibility.--The Register of Copyrights shall make the database established under subsection (a) publicly available, in its entirety, without charge, in a format that reflects current technological practices. The Register of Copyrights may revise and update the technical requirements of the database as necessary to ensure continued accessibility. ``(d) Limitation on Remedies.-- ``(1) In general.--Notwithstanding sections 502 through 506, in an action brought under this title for infringement of the exclusive right to perform publicly, reproduce, or distribute a nondramatic musical work or sound recording, the remedies available to a copyright owner that has failed to provide or maintain the information described in subsection (b) shall be limited to-- ``(A) an order requiring the infringer to pay to the copyright owner actual damages for the public performance, reproduction, or distribution of the infringed work; and ``(B) injunctive relief to prevent or restrain any infringement alleged in the civil action. ``(2) Reliance on database information.--In an action described in paragraph (1), any relief granted by the court shall, to the extent practicable, account for the reliance of an infringer on any information included in the database established under subsection (a). ``(3) Applicability.--The limitation described in paragraph (1) only applies to an action brought against the following: ``(A) An establishment. ``(B) A food service or drinking establishment. ``(C) A terrestrial broadcast station licensed as such by the Federal Communications Commission. ``(D) An entity operating under one of the statutory licenses described in section 112, 114, or 115. ``(E) An entity performing publicly, reproducing, or distributing musical works or sound recordings in good faith as demonstrated by evidence such as a license agreement in good standing with a performing rights society or other entity authorized to license the use of musical works or sound recordings. ``(e) Initial Technical Requirements.--The Register of Copyrights shall adopt technical requirements, subject to public notice and comment and a 90-day trial period, in the establishment of the database described under subsection (a), that ensures the database meets the following requirements: ``(1) Publicly available from a website maintained by the Copyright Office and hosted from the copyright.gov domain. ``(2) Accessible, in a machine-readable format, through both real-time and bulk application programming interfaces. ``(3) Searchable through the website described in paragraph (1) and the application programming interfaces described in paragraph (2) by the information required under subsection (b). ``(4) Exportable in its entirety to non-proprietary document formats compatible with standard spreadsheet programs, Extensible Markup Language, and such other formats as may be determined by the Register. ``(f) Working Group.-- ``(1) Establishment.--Not later than 45 days after the date of the enactment of this section, the Register of Copyrights shall establish a working group of technical experts representing a wide range of stakeholders to identify, report, and recommend performance objectives, technical capabilities, and technical standards for the database established under subsection (a), including meeting the initial requirements described in subsection (e). ``(2) Appointment of members.--The Librarian of Congress, in consultation with the Register of Copyrights, shall appoint the members of the working group, who shall be individuals or organizations representing, in equal parts, owners and licensors of copyrighted works, users and licensees of copyrighted works, and consumers and public interest entities. ``(3) Report required.--Not later than 9 months after the date of the enactment of this section, the working group shall submit to the Register of Copyrights a report on the activities and recommendations of the working group described in paragraph (1). Not later than 14 days after receipt of the report, the Register of Copyrights shall make the report and recommendations of the working group subject to public notice and comment. ``(4) Copyright office assistance.--The Register of Copyrights may appoint an employee of the Copyright Office-- ``(A) to moderate and direct the work of the working group under this subsection; and ``(B) to provide technical assistance to members of the working group, as appropriate. ``(5) Initial meeting.--The initial meeting of the working group shall take place not later than 90 days after the date of the enactment of this section. ``(g) Technical Review and Updates.--Not later than 3 years after the establishment of the database described in subsection (a), and every 3 years thereafter, the Register of Copyrights shall review the technical capabilities of the database and make any necessary revisions. In conducting the review, the Register shall establish a working group subject to the requirements described in subsection (f). Any updates to the technical capabilities of the database shall be subject to public notice and comment and a 90-day trial period.''. (b) Clerical Amendment.--The table of sections for chapter 7 of title 17, United States Code, is amended by adding at the end the following new item: ``711. Nondramatic musical works and sound recordings database.''. (c) Effective Date.--The amendments made by this section shall take effect 18 months after the date of the enactment of this Act.

Transparency in Music Licensing and Ownership Act This bill amends federal copyright law to direct the U.S. Copyright Office to establish and maintain a publicly accessible database of nondramatic musical works and sound recordings subject to copyright protection. It limits available remedies, in copyright infringement actions against certain parties, for a copyright owner who fails to provide or maintain the minimum information required in the database.

Transparency in Music Licensing and Ownership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Seniors Act of 1999''. SEC. 2. PRESCRIPTION DRUG ASSISTANCE UNDER THE MEDICAID PROGRAM. (a) Eligibility.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended-- (1) in subparagraph (E)(iv)(II), by striking ``and'' at the end; (2) in subparagraph (F), by adding ``and'' at the end; and (3) by inserting after subparagraph (F) the following: ``(G) for making medical assistance described in section 1905(v) available (but only for prescribed drugs available under the State plan furnished during fiscal year 2000 and each fiscal year thereafter), for individuals who-- ``(i) are not otherwise eligible for medical assistance for prescribed drugs under the State plan; ``(ii) are enrolled in part B of title XVIII; and ``(iii) whose income does not exceed 175 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) for a family of the size involved;''. (b) Benefit.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following: ``(v)(1) For purposes of section 1902(a)(10)(G), the medical assistance described in this subsection is the applicable percentage (determined under paragraph (2)) of a low-income medicare beneficiary's out-of-pocket expenditures for prescribed drugs available under the State plan. ``(2) For purposes of paragraph (1), the applicable percentage is-- ``(A) in the case of a low-income medicare beneficiary whose income does not exceed 100 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 for a family of the size involved), 100 percent; ``(B) in the case of a low-income medicare beneficiary whose income exceeds 100 but does not exceed 125 percent of such poverty line, 75 percent; ``(C) in the case of a low-income medicare beneficiary whose income exceeds 125 but does not exceed 150 percent of such poverty line, 50 percent; and ``(D) in the case of a low-income medicare beneficiary whose income exceeds 150 but does not exceed 175 percent of such poverty line, 25 percent. ``(3) In this subsection, the term `low-income medicare beneficiary' means an individual described in section 1902(a)(10)(G).''. (c) Conforming Amendment.--Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended by striking ``or 1905(u)'' and inserting ``1905(u), or 1902(a)(10)(G)''. (d) Effective Date.--The amendments made by this section shall apply to medical assistance provided beginning with fiscal year 2000. SEC. 3. PAYMENTS TO STATES FOR COSTS AT A FEDERAL MATCHING RATE OF 100 PERCENT. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in the first sentence of subsection (b), by inserting ``and 1903(x)'' after ``1933(d)''; and (2) by adding at the end the following: ``(x) With respect to medical assistance described in section 1905(v) for individuals described in section 1902(a)(10)(G), and amounts expended for the proper and efficient administration of such sections, the Federal medical assistance percentage for such medical assistance and amounts is equal to 100 percent.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance provided beginning with fiscal year 2000. SEC. 4. ON-GOING STATE MAINTENANCE OF EFFORT. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall reduce payments to a State under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for a calendar quarter in a fiscal year to the extent that the Secretary determines that, for a quarter beginning on or after January 1, 2000-- (1) the level of State expenditures for medicare beneficiaries under any State-funded prescription drug program for such quarter is less than the level of such expenditures under such program during fiscal year 1999; or (2) the level of State expenditures for medical assistance provided to medicare beneficiaries under title XIX of such Act (42 U.S.C. 1396 et seq.) for such quarter is less than the level of such expenditures under such title during fiscal year 1999.

Directs the Secretary of Health and Human Services to reduce payments to a State for a calendar quarter in a fiscal year to the extent that the Secretary determines that certain State expenditure levels for Medicare beneficiaries related to any State- funded prescription drug program or Medicare medical assistance provided under Medicare is less than the level of such expenditures under Medicare or Medicaid during FY 1999.

Healthy Seniors Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Tax Relief Act of 1994''. SEC. 2. REDUCTION OF LOWEST RATE OF INCOME TAX IMPOSED ON TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Each of the tables contained in subsections (a), (b), (c), (d), and (e) of section 1 of the Internal Revenue Code of 1986 is amended by striking ``15%'' and inserting ``12.5%''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1994. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in the rate of a tax imposed by chapter 1 of the Internal Revenue Code of 1986 for purposes of section 15 of such Code. SEC. 3. REPEAL OF INCREASE IN BASIS OF PROPERTY ACQUIRED FROM A DECEDENT. (a) In General.--Section 1014 of the Internal Revenue Code of 1986 (relating to basis of property acquired from a decedent) is hereby repealed. (b) Basis To Be Determined Under Rules Applicable to Gifts.-- Section 1015 of such Code (relating to basis of property acquired by gifts and transfers in trusts) is amended by adding at the end the following new subsection: ``(f) Property Acquired From or Passing From a Decedent.-- ``(1) In general.--Property acquired from a decedent dying after December 31, 1994, or passed from such a decedent shall be treated for purposes of subsection (a) as acquired by gift for purposes of this section. ``(2) Property acquired from a decedent.--Section 1014(b) (as in effect on the day before the date of the enactment of the Citizens' Tax Relief Act of 1994) shall apply for purposes of whether property is considered to have been acquired from or to have passed from the decedent. ``(3) Increase in basis for estate tax paid.-- ``(A) In general.--The basis of any property which this subsection applies shall be the basis determined under subsection (a) increased by the portion of the aggregate death tax adjustment which is allocated to the property pursuant to this paragraph. ``(B) Limitation.--The death tax adjustment for any property shall not exceed-- ``(i) the net appreciation in such property, multiplied by ``(ii) the Federal marginal estate tax rate. ``(C) Net appreciation.--For purposes of this paragraph, the net appreciation in value of any property is the amount by which-- ``(i) the fair market value of such property, exceeds ``(ii) the initial basis of such property increased by the minimum basis adjustment of such property. ``(4) Aggregate death tax adjustment.--In the case of any estate-- ``(A) In general.--The aggregate death tax adjustment is the product of-- ``(i) the aggregate net appreciation of all properties which have net appreciation, and ``(ii) the Federal marginal estate tax rate. ``(B) Limitation.--The amount taken into account under subparagraph (A)(i) shall not exceed the taxable estate. ``(C) Federal marginal estate tax rate.--The term `Federal marginal estate tax rate' means the highest rate in the rate schedule set forth in section 2001(c)-- ``(i) which is used in determining the tentative tax under section 2001(b)(1) with respect to the estate of the decedent, and ``(ii) the amount subject to which is at least $50,000. In no event shall the Federal marginal estate tax rate be less than 30 percent. ``(5) Allocation rules.--The executor shall allocate the adjustments under this subsection among the properties on the return of the tax imposed by chapter 11.''. (c) Conforming Amendments.-- (1) The table of sections for part II of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1014. (2) The heading of section 1015 of such Code is amended to read as follows: ``SEC. 1015. BASIS OF PROPERTY ACQUIRED BY GIFT, FROM A DECEDENT, OR TRANSFERRED IN TRUST.''. (3) The table of sections for part II of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1015 and inserting the following new item: ``Sec. 1015. Basis of property acquired by gift, from a decedent, or transferred in trust.''. (d) Effective Date.--The amendments made by this section shall apply to decedents dying after December 31, 1994. SEC. 4. PHASEIN OF CAPITAL GAINS TAX ON INHERITED PROPERTY. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of the net capital gain, or ``(ii) the amount of taxable income taxed at a rate below 28 percent, plus ``(B) a tax equal to the sum of-- ``(i) the applicable percentage of so much of such net capital gain as is attributable to property acquired by the taxpayer from a decedent dying after December 31, 1994 (or passed to the taxpayer from such a decedent), and ``(ii) 28 percent of the amount of the taxable income in excess of the sum of the amount determined under subparagraph (A) and the net capital gain described in clause (i) of this subparagraph. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) 10 percent in the case of taxable years beginning after December 31, 1993, and before January 1, 1996, ``(B) 15 percent in the case of taxable years beginning during 1996, ``(C) 20 percent in the case of taxable years beginning during 1997, and ``(D) 25 percent in the case of taxable years beginning during 1998. ``(3) Election to mark-to-market property acquired from a decedent.--If the taxpayer elects this paragraph with respect to any property described in paragraph (1)(B)(i), such property shall be treated as sold (for its fair market value as of the first day of the taxpayer year) and any gain or loss shall be treated as received or accrued on such day.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 1994. SEC. 5. ADDITIONAL EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE ACQUIRED FROM A DECEDENT. (a) In General.--Subsection (d) of section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended by adding at the end the following new paragraph: ``(10) Special rules for residence acquired from decedent.-- ``(A) In general.--In the case of a residence which was acquired by the taxpayer from a decedent dying after December 31, 1994, or to whom such residence passed from such a decedent (within the meaning of section 1015(f)(2))-- ``(i) subsection (a)(1) shall not apply, and ``(ii) the requirement of subsection (a)(2) shall be treated as met if the decedent satisfied such requirement as of the date of death or the taxpayer satisfies such requirement. ``(B) Additional election.--Any election under this section with respect to any residence to which subparagraph (A) applies shall not be taken into account in determining whether any other election may be made under this section.''. (b) Effective Date.--The amendment made by this section shall apply to sales and exchanges after December 31, 1994, in taxable years ending after such date.

Citizens' Tax Relief Act of 1994 - Amends the Internal Revenue Code to reduce the lowest rate of income tax imposed on taxpayers other than corporations. Repeals the rule relating to determining the basis of property acquired from a decedent. Provides for determining such basis under rules applicable to gifts and transfers in trusts. Revises and reduces the current maximum capital gains tax on inherited property. Allows an exclusion of gain from gross income from the sale of a principal residence acquired from a decedent.

Citizens' Tax Relief Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Schuylkill River Valley National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Schuylkill River Valley made a unique contribution to the cultural, political, and industrial development of the United States; (2) the Schuylkill River is distinctive as the first spine of modern industrial development in Pennsylvania and 1 of the first in the United States; (3) the Schuylkill River Valley played a significant role in the struggle for nationhood; (4) the Schuylkill River Valley developed a prosperous and productive agricultural economy that survives today; (5) the Schuylkill River Valley developed a charcoal iron industry that made Pennsylvania the center of the iron industry within the North American colonies; (6) the Schuylkill River Valley developed into a significant anthracite mining region that continues to thrive today; (7) the Schuylkill River Valley developed early transportation systems, including the Schuylkill Canal and the Reading Railroad; (8) the Schuylkill River Valley developed a significant industrial base, including textile mills and iron works; (9) there is a longstanding commitment to-- (A) repairing the environmental damage to the river and its surroundings caused by the largely unregulated industrial activity; and (B) completing the Schuylkill River Trail along the 128-mile corridor of the Schuylkill Valley; (10) there is a need to provide assistance for the preservation and promotion of the significance of the Schuylkill River as a system for transportation, agriculture, industry, commerce, and immigration; and (11)(A) the Department of the Interior is responsible for protecting the Nation's cultural and historical resources; and (B) there are sufficient significant examples of such resources within the Schuylkill River Valley to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the Schuylkill River Greenway Association, the State of Pennsylvania, and other local and governmental bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Purposes.--The purposes of this Act are-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in the Schuylkill River Valley of southeastern Pennsylvania and enable the communities to conserve their heritage while continuing to pursue economic opportunities; and (2) to conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the Schuylkill River Valley of southeastern Pennsylvania. SEC. 3. DEFINITIONS. In this Act: (1) Cooperative agreement.--The term ``cooperative agreement'' means the cooperative agreement entered into under section 4(d). (2) Heritage area.--The term ``Heritage Area'' means the Schuylkill River Valley National Heritage Area established by section 4. (3) Management entity.--The term ``management entity'' means the management entity for the Heritage Area appointed under section 4(c). (4) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 5. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Pennsylvania. SEC. 4. ESTABLISHMENT. (a) In General.--For the purpose of preserving and interpreting for the educational and inspirational benefit of present and future generations certain land and structures with unique and significant historical and cultural value associated with the early development of the Schuylkill River Valley, there is established the Schuylkill River Valley National Heritage Area. (b) Boundaries.--The Heritage Area shall be comprised of the Schuylkill River watershed within the counties of Schuylkill, Berks, Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by the Secretary. (c) Management Entity.--The management entity for the Heritage Area shall be the Schuylkill River Greenway Association. (d) Cooperative Agreement.-- (1) In general.--To carry out this title, the Secretary shall enter into a cooperative agreement with the management entity. (2) Contents.--The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including-- (A) a description of the goals and objectives of the Heritage Area, including a description of the approach to conservation and interpretation of the Heritage Area; (B) an identification and description of the management entity that will administer the Heritage Area; and (C) a description of the role of the State. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. (b) Requirements.--The management plan shall-- (1) take into consideration State, county, and local plans; (2) involve residents, public agencies, and private organizations working in the Heritage Area; (3) specify, as of the date of the plan, existing and potential sources of funding to protect, manage, and develop the Heritage Area; and (4) include-- (A) actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historical, recreational, or scenic significance; (C) a recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the historical, cultural, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan by the management entity; (E) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act; and (F) an interpretation plan for the Heritage Area. (c) Disqualification From Funding.--If a management plan is not submitted to the Secretary on or before the date that is 3 years after the date of enactment of this Act, the Heritage Area shall be ineligible to receive Federal funding under this Act until the date on which the Secretary receives the management plan. (d) Update of Plan.--In lieu of developing an original management plan, the management entity may update and submit to the Secretary the Schuylkill Heritage Corridor Management Action Plan that was approved by the State in March, 1995, to meet the requirements of this section. SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--For purposes of preparing and implementing the management plan, the management entity may-- (1) make loans and grants to, and enter into cooperative agreements with, the State and political subdivisions of the State, private organizations, or any person; and (2) hire and compensate staff. (b) Duties of the Management Entity.--The management entity shall-- (1) develop and submit the management plan under section 5; (2) give priority to implementing actions set forth in the cooperative agreement and the management plan, including taking steps to-- (A) assist units of government, regional planning organizations, and nonprofit organizations in-- (i) preserving the Heritage Area; (ii) establishing and maintaining interpretive exhibits in the Heritage Area; (iii) developing recreational resources in the Heritage Area; (iv) increasing public awareness of and, appreciation for, the natural, historical, and architectural resources and sites in the Heritage Area; (v) restoring historic buildings relating to the themes of the Heritage Area; and (vi) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are installed throughout the Heritage Area; (B) encourage economic viability in the Heritage Area consistent with the goals of the management plan; and (C) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan; (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (4) conduct public meetings at least quarterly regarding the implementation of the management plan; (5) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for the approval of the Secretary; and (6) for any fiscal year in which Federal funds are received under this Act-- (A) submit to the Secretary a report describing-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management entity; and (iii) each entity to which the management entity made any loan or grant during the fiscal year; (B) make available for audit all records pertaining to the expenditure of Federal funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by organizations other than the management entity, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds; and (C) require, for all agreements authorizing expenditure of Federal funds by organizations other than the management entity, that the receiving organizations make available for audit all records pertaining to the expenditure of Federal funds. (c) Use of Federal Funds.-- (1) In general.--The management entity shall not use Federal funds received 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 from other sources for their permitted purposes. SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) 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. (2) Priorities.--In assisting the management entity, the Secretary shall give priority to actions that assist in-- (A) conserving the significant natural, historical, and cultural resources that support the themes of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (3) Expenditures for non-federally owned property.--The Secretary may spend Federal funds directly on non-federally owned property to further the purposes of this Act, especially assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (b) Approval and Disapproval of Cooperative Agreements and Management Plans.-- (1) In general.--Not later than 90 days after receiving a cooperative agreement or management plan submitted under this Act, the Secretary, in consultation with the Governor of the State, shall approve or disapprove the cooperative agreement or management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a cooperative agreement or management plan, the Secretary shall-- (i) advise the management entity in writing of the reasons for the disapproval; and (ii) make recommendations for revisions in the cooperative agreement or plan. (B) Time period for disapproval.--Not later than 90 days after the date on which a revision described under subparagraph (A)(ii) is submitted, the Secretary shall approve or disapprove the proposed revision. (c) Approval of Amendments.-- (1) In general.--The Secretary shall review substantial amendments to the management plan. (2) Funding expenditure limitation.--Funds appropriated under this Act may not be expended to implement any substantial amendment until the Secretary approves the amendment. SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION. (a) In General.--The management entities of heritage areas (other than the Heritage Area) in the anthracite coal region in the State shall cooperate in the management of the Heritage Area. (b) Funding.--Management entities described in subsection (a) may use funds appropriated for management of the Heritage Area to carry out this section. SEC. 9. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after the date that is 15 years after the date of enactment of this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act not more than $10,000,000, of which not more than $1,000,000 is authorized to be appropriated for any 1 fiscal year. (b) Federal Share.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any project or activity funded under this Act.

Makes the Schuylkill River Greenway Association the management entity for the area. Requires the management entity to submit a management plan to the Secretary of the Interior for approval that presents recommendations for the conservation, funding, management, and development of the area.. Authorizes the management entity to update and submit the Schuylkill Heritage Corridor Management Action Plan approved by the State in March 1995 in lieu of developing an original management plan. Describes duties of the management entity. Prohibits the use of Federal funds received under this Act for the acquisition of real property. Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the area to develop and implement the management plan. Requires the Secretary, in assisting the management entity, to give priority to actions that assist in: (1) conserving the natural, historical, and cultural resources that support the area's themes; and (2) providing educational, interpretive, and recreational opportunities consistent with the area's resources and values. Authorizes the Secretary to spend Federal funds directly on non-federally owned property to further this Act's purposes. Sets forth procedures for approval of the management plan. Bars assistance under this Act 15 years after the enactment date. Authorizes appropriations. Limits Federal funding under this Act to 50 percent of the total cost of any project.

Schuylkill River Valley National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) The National Center for Educational Statistics (NCES) reports that while 46 percent of our Nation's public schools serve rural areas, they only receive 22 percent of the Nation's education funds annually. (3) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in special education, science, and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in two or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (4) Data from the National Assessment of Educational Progress (NAEP) consistently shows large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools face special challenges in preparing their students to reach high standards of performance on State and national assessments. (b) Purpose.--The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. DEFINITIONS. In this Act: (1) The terms ``elementary school'', ``local educational agency'', and ``State educational agency'' have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and ``(B)(i) only schools designated by the Secretary with a school locale code of 6, 7, or 8; or (ii) a school-age population of 800 or fewer. (3) The term ``poverty line'' has the meaning given such term by section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (4) The term ``rural area'' means the area defined by the Secretary using school locale codes 6, 7, and 8. (5) The term ``school-age population'' means the number of students aged 5 through 17. (6) The term ``school locale code'' has the meaning given such term by the Secretary. (7) The term ``Secretary'' means the Secretary of Education. (8) The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year under section 4(a)(3). SEC. 4. RURAL EDUCATION INITIATIVE AUTHORIZED. (a) Grants to States.-- (1) In general.--Except as provided in paragraph (3), from the amount appropriated under section 10 and not reserved under subsection (c) for a fiscal year, the Secretary shall award grants to State educational agencies that have applications approved under section 5 to enable such agencies to award grants to eligible local educational agencies for local authorized activities described in subsection (c). (2) Formula.-- (A) In general.--Each State educational agency that receives a grant under this section shall receive an amount that bears the same relation to the amount of funds appropriated under section 10 that are not reserved under subsection (c) for a fiscal year as the number of students in average daily attendance served by eligible local education agencies in the State bears to the number of all such students served by eligible local education agencies in all States for that fiscal year. (B) Data.--In determining the school-age population under subparagraph (A) the Secretary shall use the most recent data available from the Bureau of the Census. (3) Direct awards to specially qualified agencies.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 5, the Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (b) Local Authorized Activities.--Funds made available under this Act may be used for-- (1) local educational technology efforts as described in section 3134 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6844); (2) professional development activities designed to prepare teachers who are teaching out of their primary subject area; (3) academic enrichment programs described in section 10204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8034); (4) innovative academic enrichment programs related to the educational needs of students at-risk of academic failure, including remedial instruction in one or more of the core subject areas of English, mathematics, science, and history; and (5) activities to recruit and retain highly qualified teachers in special education, mathematics, or science. (c) Reservation of Funds.--From the amount appropriated under section 10 for a fiscal year, the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (d) Relation to Other Federal Funding.--Funds received under this Act by a State educational agency or a specially qualified agency shall not be taken into consideration in determining the eligibility for, or amount of, any other Federal funding awarded to such agency. SEC. 5. APPLICATIONS. Each State educational agency or specially qualified agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency that receives funds under this Act shall award grants to eligible local educational agencies or provide assistance to schools described in subsection (b)(2)-- (1) on a competitive basis; or (2) according to a formula based on the number of students served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. SEC. 7. ADMINISTRATIVE COSTS. A State educational agency or specially qualified agency that receives funds under this Act may not use more than 5 percent of the grant funds for State activities or administrative costs related to the program. SEC. 8. REPORTS. (a) State Educational Agency Reports.-- (1) Contents.--Each State educational agency that receives a grant under this Act shall submit an annual report to the Secretary describing-- (A) the methods the State educational agency used to award grants to eligible local educational agencies under this Act; (B) how eligible local educational agencies and schools used funds provided under this Act; and (C) the degree to which progress has been made toward meeting the goals and objectives described the application submitted under section 5. (2) Availability.--The Secretary shall make available the annual State reports received under paragraph (1) for dissemination to the Congress, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (b) Specially Qualified Agency Reports.--Each specially qualified agency that receives a grant under this Act shall submit an annual report to the Secretary describing how such agency used funds received under this Act to coordinate with other Federal, State, and local programs. (c) Report by Secretary to Congress.--The Secretary shall prepare and submit to Congress an annual report which shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies used funds provided under this Act; and (3) progress made by State educational agencies and eligible local educational agencies receiving assistance under this Act in meeting specific, annual, measurable performance goals and objectives established by such agencies for activities assisted under this Act. SEC. 9. ACCOUNTABILITY. If, at the end of the third consecutive year in which a State educational agency or specially qualified agency receives funds under this Act, the Secretary determines that such agency has not substantially met its performance goals and objectives described in the application submitted under section 5, such agency shall be ineligible to receive additional funds under this Act for a period of one year after the date of such determination. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of fiscal years 2002 through 2005.

Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make: (1) formula grants to applicant State educational agencies to award competitive or formula subgrants to rural local educational agencies (LEAs) for elementary and secondary education development activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States.Authorizes local use of such funds for: (1) certain local educational technology activities; (2) professional development designed to prepare teachers who are teaching out of their primary subject area; (3) certain academic enrichment programs; (4) innovative academic enrichment programs related to the educational needs of students at-risk of academic failure, including remedial instruction in one or more of the core subject areas of English, mathematics, science, and history; and (5) recruitment and retention of highly qualified teachers in special education, mathematics, or science.

To provide for improved educational opportunities in low-income and rural schools and districts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Economy Truth in Labeling Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Current method inaccurate.--The Environmental Protection Agency's current method for estimating fuel economy is flawed and does not take into account the changes in driving conditions that have taken place over the past 30 years. As a result, the Environmental Protection Agency's tests overestimate fuel economy by up to 30 percent, and Environmental Protection Agency window sticker information overestimates fuel economy by 10 percent or more. (2) Underestimating highway speeds.--The Environmental Protection Agency highway cycle assumes an average speed of 48 miles per hour (referred to in this section as ``mph'') and a top speed of 60 mph. Many State highway speed limits are set at or above 65 mph. Government data indicates that fuel economy can drop by 17 percent for modern vehicles that drive at 70 mph instead of 55 mph. Even at 65 mph, fuel economy can drop by nearly 10 percent compared to driving at 55 mph. (3) Assuming very gentle acceleration and braking.--The maximum acceleration rate in the Environmental Protection Agency test cycles is 3.3 mph per second, about the same as going from zero to 60 mph in about 18 seconds. The average new car or truck can accelerate nearly twice as fast. While most consumers don't use all the power in their vehicle, the Environmental Protection Agency data shows that people accelerate as fast as 15 mph per second, nearly 5 times the Environmental Protection Agency tests. In 1996 the Environmental Protection Agency established a new driving cycle (US06) that includes tougher acceleration and deceleration and higher speeds, but this cycle is not used for fuel economy purposes. (4) Neglecting the wide range of outdoor temperatures experienced in the real world.--The Environmental Protection Agency tests are performed between 68 and 86 degrees Fahrenheit. Most States frequently experience weather conditions outside this range and fuel economy can be significantly affected as a result. (5) Failing to reflect the use of air conditioning.--Fuel economy tests are run with the air conditioning off, while over 99 percent of all cars and trucks come with air conditioning. In 1996 the Environmental Protection Agency established a new driving cycle (SC03) that included air conditioning, but this cycle is not used for fuel economy purposes. (6) Overestimating trip lengths.--The Environmental Protection Act city test cycle is 7.5 miles long. The Environmental Protection Agency's own data indicate that average trip lengths may be only 5 miles long, with typical trips as short as 2.5 miles. Shorter trips often mean lower fuel economy because the engine does not have time to warm up and operate efficiently. (7) Fuel consumption.--Fuels used for engine certification tests are artificial in that they are highly refined, and not equivalent to the fuel consumed during the life of a vehicle. Use of reference diesel and gasoline fuels while desirable from the standpoint of engineering design, optimization, and test repeatability, understate emissions and overstate fuel economy experienced by a vehicle in actual use. Current technology that improves commercially available fuel at or near the point of use is excluded from consideration by engine manufacturers as original or optional equipment due to lack of need to represent engine performance on anything other than reference fuels. While allowing use of reference fuels for certification purposes, the Environmental Protection Agency should consider requiring manufacturers to post fuel economy realized on commercially available fuel. SEC. 3. UPDATED FUEL ECONOMY TESTING PROCEDURES. (a) In General.--The Administrator of the Environmental Protection Agency, in consultation with the Administrator of the National Highway Traffic Safety Administration, shall revise the test procedures set forth in sections 600.209-85 and 600.209-95 of the Agency's regulations (40 C.F.R. 600.209-85 and 600.209-95) to take into consideration current factors that may affect vehicle fuel economy, including-- (1) higher speed limits; (2) faster acceleration rates; (3) variations in temperature; (4) the use of air conditioning; (5) shorter city test cycle lengths; and (6) the use of other fuel depleting features. (b) Rulemaking Deadlines.-- (1) Initial.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall initiate a rulemaking procedure to revise the test procedures described in subsection (a). (2) Final rule.--Not later than 18 months after initiating a rulemaking procedure under paragraph (1), the Administrator shall promulgate a final rule containing the revised test procedures.

Fuel Economy Truth in Labeling Act - Directs the Administrator of the Environmental Protection Agency to initiate a rulemaking to revise certain Federal vehicle fuel economy test procedures to take into consideration current factors that may affect vehicle fuel economy, including higher speed limits, faster acceleration rates, variations in temperature, use of air conditioning, shorter city test cycle lengths, and the use of other fuel depleting features.

A bill to require accurate fuel economy testing procedures.

SECTION 1. VETERAN ELIGIBLITY FOR ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES. Section 1680 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``for individuals'' and inserting the following: ``for-- ``(A) individuals (including veterans)''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(B) veterans with disabilities who are pursuing new farming opportunities and their families.''; (B) in paragraph (2)-- (i) by striking ``serving individuals'' and inserting the following: ``serving-- ``(A) individuals (including veterans)''; (ii) by striking the period at the end and inserting ``; and''; (iii) by adding at the end the following: ``(B) veterans with disabilities, and their families, who are pursuing new farming opportunities.''; (C) in paragraph (3)-- (i) in subparagraph (A)-- (I) by striking ``to individuals'' and inserting the following: ``to-- ``(i) individuals (including veterans)''; (II) by inserting ``and'' after the semicolon; and (III) by adding at the end the following new clause: ``(ii) veterans with disabilities who are pursuing new farming opportunities;''; (ii) in subparagraph (B)-- (I) by striking ``to accommodate individuals'' and inserting the following: ``to accommodate-- ``(i) individuals (including veterans)''; (II) by inserting ``and'' after the semicolon; and (III) by adding at the end the following new clause: ``(ii) veterans with disabilities who are pursuing farming, farm living and farm-related tasks;''; and (iii) in subparagraph (C), by inserting ``(including mental health providers)'' after ``professionals''; (iv) in subparagraph (D)-- (I) by inserting ``(including mental health providers)'' after ``health care providers''; (II) by striking ``to individuals'' and inserting the following: ``to-- ``(i) individuals (including veterans)''; and (III) by adding at the end the following new clause: ``(ii) veterans with disabilities, and their families, who are pursuing new farming opportunities; and''; and (IV) by striking ``and'' at the end; and (v) in subparagraph (E)-- (I) by inserting ``(including veterans)'' after ``farmers with disabilities''; and (II) by striking the period at the end and inserting ``; and''; and (vi) by adding at the end the following new subparagraph: ``(F) provide behavioral therapy programs that would assist veterans with mental service-connected disabilities, such as post-traumatic stress disorder.''; (2) in subsection (b)-- (A) by inserting ``(including veterans)'' after ``individuals''; and (B) by inserting ``or, in the case of veterans with disabilities, who are pursuing new farming opportunities'' before the period at the end; (3) in subsection (c)(1)(B), by striking ``2018'' and inserting ``2023''; and (4) by adding at the end the following new subsection: ``(d) Definitions.--In this section: ``(1) The term `disability' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). ``(2) The term `veteran' has the meaning given such term in section 101 of title 38, United States Code.''.

This bill amends the Food, Agriculture, Conservation, and Trade Act of 1990 to reauthorize and modify the Department of Agriculture Assistive Technology Program for Farmers with Disabilities. (The program provides grants for programs to provide agricultural education and assistance directed at accommodating disability in farm operations for disabled individuals and family members engaged in farming and farm-related occupations.) The bill modifies the program to specify that veterans are eligible for assistance under the program, including disabled veterans and family members who: (1) are engaged in farming and farm-related occupations, and (2) are pursuing new farming opportunities. The bill also permits the grants to be used for programs that provide behavioral therapy programs to assist veterans with mental service-connected disabilities, such as post-traumatic stress disorder.

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide eligibility under the assistive technology program for farmers with disabilities to veterans with disabilities and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Is on the Way Military Pay Equity Act of 2001''. SEC. 2. FISCAL YEAR 2002 INCREASE IN MILITARY BASIC PAY. (a) Increase in Basic Pay.--Effective on January 1, 2002, the rates of monthly basic pay for members of the uniformed services are increased by the percentage specified in the following table for the pay grade and years of service indicated: COMMISSIONED OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-10............ 7.3% 7.3% 7.3% 7.3% 7.3% O-9............. 7.3% 7.3% 7.3% 7.3% 7.3% O-8............. 7.3% 7.3% 7.3% 7.3% 7.3% O-7............. 7.3% 7.3% 7.3% 7.3% 7.3% O-6............. 7.3% 7.3% 7.3% 7.3% 7.3% O-5............. 7.3% 7.3% 7.3% 7.3% 7.3% O-4............. 8.8% 8.8% 8.8% 8.8% 8.8% O-3............. 8.3% 8.3% 8.3% 8.3% 8.3% O-2............. 7.3% 7.3% 7.3% 7.3% 7.3% O-1............. 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-3E............ 8.3% 8.3% 8.3% 8.3% 8.3% O-2E............ 7.3% 7.3% 7.3% 7.3% 7.3% O-1E............ 7.3% 7.3% 7.3% 7.3% 7.3% ------------------------------------------------------------------------ WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 8.3% 13.3% 13.3% 10.8% W-1.............. 17.3% 10.8% 16.3% 10.8% 10.8% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 10.8% 10.8% 10.8% 10.8% W-1.............. 10.8% 10.8% 10.8% 10.8% 10.8% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ W-5.............. 9.3% 9.3% 9.3% 9.3% 9.3% W-4.............. 9.8% 9.8% 9.8% 9.8% 9.8% W-3.............. 10.3% 10.3% 10.3% 10.3% 10.3% W-2.............. 10.8% 10.8% 10.8% 10.8% 10.8% W-1.............. 10.8% 10.8% 10.8% 10.8% 10.8% ------------------------------------------------------------------------ ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 11.8% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 10.3% 9.8% 9.8% 9.8% 9.8% E-5.............. 15.3% 9.8% 9.8% 9.8% 9.8% E-4.............. 14.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 9.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 11.8% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-5.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-4.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ E-9.............. 11.8% 11.8% 11.8% 11.8% 12.3% E-8.............. 11.3% 11.3% 11.3% 11.3% 11.3% E-7.............. 10.8% 10.8% 10.8% 10.8% 10.8% E-6.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-5.............. 9.8% 9.8% 9.8% 9.8% 9.8% E-4.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-3.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-2.............. 8.3% 8.3% 8.3% 8.3% 8.3% E-1.............. 8.3% 8.3% 8.3% 8.3% 8.3% ------------------------------------------------------------------------ (b) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2002 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

Help Is on the Way Military Pay Equity Act of 2001 - Prescribes increases in military basic pay rates as of January 1, 2002, of a minimum of 7.3 percent.Waives for FY 2002 any required adjustment in such pay based upon the General Schedule of Compensation for Federal employees.

To provide an additional 2.3 percent increase in the rates of military basic pay for members of the uniformed services above the pay increase proposed by the Department of Defense so as to ensure at least a minimum pay increase of 7.3 percent for each member.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2009''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Women's History Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Property.--The term ``Property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326. The Property is generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. SEC. 3. CONVEYANCE OF PROPERTY. (a) Authority To Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the Property to the Museum, on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (b) Purchase Price.-- (1) In general.--The purchase price for the Property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The appraisal shall assume that the Property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require response action (as defined in such section). (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend, in amounts specified in appropriations Acts, the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator; except that the Administrator shall provide the Committees with 30 days advance written notice of any expenditure of the proceeds. (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a quit claim deed. (e) Use Restriction.--The Property shall be dedicated for use as a site for a national women's history museum for the 99-year period beginning on the date of conveyance to the Museum. (f) Reversion.-- (1) Bases for reversion.--The Property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) the Property is not used as a site for a national women's history museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on the Property in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If the Property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (g) Closing.--The conveyance pursuant to this Act shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 4(a). SEC. 4. ENVIRONMENTAL MATTERS. (a) Authorization to Contract for Environmental Response Actions.-- The Administrator is authorized to contract, in an amount not to exceed the purchase price for the Property, in the absence of appropriations and otherwise without regard to section 1341 of title 31, United States Code, with the Museum or an affiliate thereof for the performance (on behalf of the Administrator) of response actions (if any) required on the Property pursuant to CERCLA. (b) Crediting of Response Costs.--Any costs incurred by the Museum or an affiliate thereof pursuant to subsection (a) shall be credited to the purchase price for the Property. (c) Relationship to CERCLA.--Nothing in this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(b) of CERCLA (42 U.S.C. 9620(b)). SEC. 5. INCIDENTAL COSTS. Subject to section 4, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. SEC. 6. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the Property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 7. REPORTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the Property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.

National Women's History Museum Act of 2009 - (Sec. 3) Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property in the District of Columbia, on terms which the Administrator deems appropriate. Requires the terms and conditions of the conveyance to address, among other things, mitigation of developmental impacts to existing federal buildings and structures, security concerns, and operational protocols for development and use of the property. Requires the purchase price for the property to be its market value based on its highest and best use, as determined by an independent appraisal. Requires the appraisal to assume that the property does not contain hazardous substances which require response action. Requires the purchase price to be paid into the Federal Buildings Fund and permits the Administrator to use the proceeds or any lawful purpose consistent with existing authorities granted to the Administrator. Requires specified congressional committees (the committees) to be provided with 30 days advance written notice of any expenditure of the proceeds. Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period. Provides for the reversion of the property to the United States without any obligation for repayment of any amount of the purchase price if: (1) it is not used as a site for a national women's history museum during the 99-year period; and (2) the Museum has not commenced construction of a museum facility on such property in a five-year period, other than for reasons beyond the Museum's control. (Sec. 4) Authorizes the Administrator to contract with the Museum or an affiliate of the Museum to perform response actions required on the property. Credits any costs incurred by the Museum or an affiliate to the purchase price. Prohibits anything in this Act or any amendment made by this Act from affecting or limiting compliance with any environmental law. (Sec. 5) Requires the Museum to bear all costs associated with complying with the provisions of this Act, including studies and reports, relocating tenants, and mitigating impacts to existing federal buildings and structures resulting from the development of the property. (Sec. 6) Prohibits anything in this Act from being construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. Requires the Administrator to cooperate with the Museum on zoning or other land use matters. Bars the Administrator from being required to incur any costs for such cooperation. (Sec. 7) Requires the Museum to submit annual reports to the Administrator and the committees on the development and construction activities of the Museum until the end of the five-year period after conveyance of the property or substantial completion of the museum facility, whichever is later.

A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia to provide for the establishment of a National Women's History Museum.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Watercraft Responsible Use Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The growing popularity of recreational boating, including personal watercraft, has resulted in increased numbers of boaters competing for limited space, which leads to more boating accidents and a diminished experience for all users. (2) Personal watercraft are ``thrill craft'' that are operated differently from other motorized boats, are designed to be highly maneuverable at high speeds, and are capable of operating at high speeds in shallow areas that are typically inaccessible by other motorized boats. (3) Irresponsible operation of personal watercraft poses a safety risk for untrained operators and other recreational users, and damages valuable aquatic habitat in shallow waters. SEC. 3. PURPOSES AND POLICIES. The purposes and policies of this Act are the following: (1) To ensure the safe and responsible use of personal watercraft in the Nation's waterways. (2) To protect sensitive shallow water habitat that is important for many fish and wildlife species. (3) To reduce conflicts among recreational boaters by providing a forum for collaborative management efforts to develop innovative boating regulations for overcrowded waterways. (4) To provide Federal assistance to States to improve the enforcement of recreational boating laws. SEC. 4. DEFINITIONS. In this Act, the following definitions shall apply: (1) Terms defined in coastal zone management act of 1972.-- Each of the terms ``coastal state'', ``coastal waters'', and ``Secretary'' has the meaning given that term under section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (2) Personal watercraft.--The term ``personal watercraft'' means a motor vessel that is capable of carrying one or more persons and-- (A) uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motive power; and (B) is designed to be operated by a person standing on, kneeling on, sitting in, or sitting astride the vessel. (3) No-wake speed.--The term ``no-wake speed'' means the speed at which a personal watercraft moves through the water while maintaining minimum headway and producing the smallest wake possible. SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE. (a) Withholding of Assistance.-- (1) In general.--The Secretary shall withhold up to 10 percent of a coastal state's assistance in each fiscal year under sections 306 and 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state implements enforceable policies and other provisions required under this section regarding the operation of personal watercraft in coastal waters of the State. (2) Application.--Paragraph (1) shall apply after the expiration of the 2-year period beginning on the date of the enactment of this Act. (b) Enforceable Policies.--Enforceable policies required under this section shall prohibit a person from operating a personal watercraft in excess of no-wake speed in any of the following areas or manner: (1) In any area designated as a sensitive area in the management program of the coastal state under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (2) In waters closer than 200 feet from the shoreline. (3) In a designated right-of-way or navigation channel. (4) In a manner that injures, harasses, or disturbs wading, roosting, or nesting birds or marine mammals. (c) Designation of Sensitive Areas.-- (1) Designation by state.--In addition to the enforceable policies required under subsection (b), the management program of a coastal state shall include provisions that designate sensitive areas of the coastal state for purposes of subsection (b)(1) in accordance with the criteria issued under paragraph (2) of this subsection. (2) Criteria for designation.--The Secretary shall issue criteria for designating sensitive areas under paragraph (1). The criteria shall include a consideration of the following: (A) The presence of unique or valuable aquatic habitat and communities. (B) The presence of aquatic vegetation, nesting birds, shellfish beds, or marine mammals. (C) The importance of an area for other recreational and commercial users. (d) Compliance.--A coastal state that has a program that is otherwise approved by the Secretary in accordance with section 306(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may comply with subsection (a) of this section by amending or modifying the program (in accordance with section 306(e) of that Act) to add enforceable policies and other provisions required by that subsection. (e) Use of Grants.--A State may use any amount received by the State as assistance under section 306 or 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement enforceable policies and provisions required under this section. (f) Regulations.--The Secretary, in consultation with the Secretary of Transportation, shall issue regulations implementing this section before the expiration of the 1-year period beginning on the date of the enactment of this Act. SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM. (a) National Personal Watercraft Guidelines.--Within one year after the date of enactment of this Act, the Secretary of Transportation shall establish guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies required under section 5(b), in the national recreational boating safety program carried out under section 13101 of title 46, United States Code. The guidelines and standards shall include-- (1) mandatory State registration of personal watercraft; (2) a minimum age for a personal watercraft operator of at least 16 years of age, unless the operator is accompanied on the vessel by a passenger who has attained an age greater than 16 years and who has completed the mandatory training program required under paragraph (3); and (3) a requirement that all operators of personal watercraft (including any operator of a rented vessel) must complete a training program that includes safety and conservation components. (b) Implementation Funds.--A State may use funds received by the State under section 13106 of title 46, United States Code, to develop and implement regulations to improve personal watercraft user safety, reduce conflicts among personal watercraft operators and other boaters, and minimize environmental damage. SEC. 7. LAW ENFORCEMENT GRANTS. (a) In General.--The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to enforce recreational boating laws and regulations, including purchasing necessary equipment and hiring law enforcement personal. A State is eligible for assistance under this subsection if the State has-- (1) implemented a recreational boating safety program that incorporates the national guidelines and standards for personal watercraft established under section 6(a); and (2) adopted the enforceable policies described in section 5(b), if the State is a coastal state. (b) Allocation.-- (1) In general.--Of the total amount available each fiscal year for grants under this section, the Secretary shall allocate to each State an amount that bears the same ratio to such total amount as the number of recreational vessels registered in that State bears to the total number of recreational vessels registered in all States. (2) Limitation on grants to a state.--The total amount awarded to a State each fiscal year as grants under this section may not exceed the allocation to the State under paragraph (1) for the fiscal year. (c) Required Match.--As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services. SEC. 8. TASK FORCE DEVELOPMENT GRANTS. (a) In General.--The Secretary of Transportation, subject to the availability of appropriations, may make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. Task forces that receive assistance from the Secretary of Transportation under this section shall-- (1) be organized geographically to minimize user conflicts in a watershed or basin; and (2) consist of members that represent personal watercraft recreational users, State boating law administrators, State conservation agencies, other Federal, State, and local agencies with a demonstrated interest in minimizing user conflicts, property owners, and other interested persons. (b) Allocation.--The Secretary shall award task force development grants on a competitive basis. No State may receive more than 25 percent of the total amount appropriated for a fiscal year for assistance under this subsection. (c) Regulations.--The Secretary of Transportation may issue regulations and requirements for the task force development grant program under this section. (d) Required Match.--As a condition of providing a grant under this section to a State, the Secretary shall require the State to provide matching funds according to a 1-to-1 ratio of Federal-to-State contributions. All State matching funds must be from non-Federal sources. The State contribution may be made in the form of in-kind contribution of goods or services. (e) Obligation.--Amounts provided as a grant under this section shall be available to the grantee for obligation for 2 years, after which any unobligated amount shall revert to the Secretary of Transportation and remain available for grants under this section for subsequent fiscal years. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Law Enforcement Grants.--For law enforcement grants under section 7, there are authorized to be appropriated to the Secretary of Transportation $25,000,000 for each of fiscal years 2002, 2003, and 2004. (b) Task Force Development Grants.--For task force development grants under section 8, there are authorized to be appropriated to the Secretary of Transportation $2,500,000 for each of fiscal years 2002, 2003, and 2004. SEC. 10. STATE AUTHORITY PRESERVED. Nothing in this Act limits the authority of a State to establish limitations or requirements for the operation of personal watercraft, that are more restrictive than the enforceable policies and other provisions required by this Act.

Personal Watercraft Responsible Use Act of 2001 - Directs the Secretary of Commerce to withhold up to ten percent of grants made to a coastal State for development and administration of a management program for the land and water resources of its coastal zone in each fiscal year unless such State implements certain enforceable policies prohibiting a person from operating a personal watercraft in excess of no-wake speed in its coastal waters. Requires a coastal State's management program to include provisions that designate sensitive areas of its coast with respect to the enforcement of such policies in such areas.Directs the Secretary of Transportation to establish certain guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies, in the national boating safety program. Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make recreational boating law enforcement grants to States that have: (1) implemented a recreational boating safety program incorporating the national guidelines and standards for personal watercraft; and (2) adopted the enforceable policies under this Act, if the State is a coastal State.Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users.

To encourage the safe and responsible use of personal watercraft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fisheries Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Subject Fishing Vessel'' means any vessel that-- (A) commercially engages in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish, or is used or equipped for, the processing of fish for commercial use or consumption; (B) was not a ``vessel of the United States'' on September 25, 1997, as such term is defined in section 4 of this Act; (C) was the subject of letter rulings stating that the vessel would satisfy both the grandfather provisions of section 4(a)(4) and section 7 of Public Law 100-239; and (D) was built in the United States and was-- (i) purchased, or contracted for purchase prior to July 28, 1987; (ii) the subject of a contract for rebuilding entered into before July 12, 1988; (iii) rebuilt in a foreign shipyard and redelivered to the owner prior to July 28, 1990; and (iv) not owned or controlled by the same entity during the occurrence of each of the events described in clauses (i) through (iii) of this subparagraph. For purposes of subparagraph (D)(iv) an entity shall not be deemed to be the ``same entity'' if, prior to July 28, 1990, the ownership of a corporation or partnership with title to or an ownership interest in a Subject Fishing Vessel was sold to different individuals, corporations, or partnerships, or title to, or an ownership interest in, the Subject Fishing Vessel was sold to different individuals, corporations, or partnerships. (2) The term ``fishing history'' means the record of prior fishing activity or performance of a fishing vessel that may be considered in relationship to any form of limited access or other fishery management plan or plan amendment enacted pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. (3) The term ``fishing privilege'' means any authorization, consent, or other permission necessary for a fishing vessel to participate in any fishery of the United States. (4) The term ``Secretary'' means the Secretary of Commerce or his designee. SEC. 3. PHASEOUT OF SUBJECT FISHING VESSELS. (a) Notwithstanding the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other provision of law, except as provided in subsection (b), all fishery licenses, permits, or other fishing privileges of Subject Fishing Vessels that have the effect of allowing the operation of such vessels in the fisheries of the United States, and any fishing history of such vessels, are hereby revoked. (b) Notwithstanding subsection (a), any fishery license, permit, or other fishing privilege of a Subject Fishing Vessel that has the effect of allowing the operation of such a vessel in the Bering Sea pollock fishery and the Pacific whiting fishery-- (1) shall remain in effect until December 31, 2001; and (2) shall not be transferred or reissued to another individual, corporation, partnership, association, trust, joint venture, or other entity for use in conjunction with any other fishing or fish processing vessel including another Subject Fishing Vessel. (c) All fishery licenses, permits, and other fishing privileges of Subject Fishing Vessels that have the effect of allowing such vessels to operate in any fishery of the United States, and all fishing history of such vessels shall be permanently revoked on December 31, 2001, and no new licenses, permits, or other fishing privileges may be issued that would have the effect of allowing Subject Fishing Vessels to operate in any fishery of the United States on or after December 31, 2001. SEC. 4. FISHING VESSEL QUALIFICATIONS. (a) For the purposes of this Act, a ``vessel of the United States'' as defined by section 3(43)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(43)(A)), shall be a vessel that is documented under the laws of the United States and is owned by a corporation, partnership, association, trust, joint venture, or other entity in which at least a 75 percent controlling interest in such entity, in the aggregate, is owned by citizens of the United States. (b) All fishing vessels, other than Subject Fishing Vessels, shall have 18 months from the date of enactment of this Act to comply with subsection (a). Upon the expiration of such 18-month period, any fishing privileges, and fishing history, related to the operation in a fishery of the United States of any vessel that is not in compliance with subsection (a) shall be immediately revoked. SEC. 5. MORATORIUM ON LARGE FISHING VESSELS. (a) In General.--Notwithstanding any provision of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no large fishing vessel may engage in the harvesting of any fish in the United States exclusive economic zone until such time after the date of enactment of this Act as a fishery management plan, developed by the Secretary, a regional fishery management council, or an interstate marine fishery management commission, as appropriate, that specifically authorizes large fishing vessels to engage in the harvesting of fish in the exclusive economic zone of the United States, has been approved and implemented. (b) Large Fishing Vessel Defined.--In this section, the term ``large fishing vessel'' means a fishing vessel of the United States (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) that is equal to or greater than 165 feet in length overall, of more than 750 gross registered tons, or that has engines capable of producing a total of more than 3,000 shaft horsepower. (c) Savings Clause.--This section shall not apply to any large fishing vessel which has fished in a fishery or fisheries of the United States prior to the date of introduction of this Act, and which was endorsed with a fishery endorsement that was effective on September 25, 1997, and has not been surrendered at any time thereafter, unless the Secretary approves and implements fishery management plans or amendments to such plans which specifically exclude such vessels from a fishery or fisheries. (d) Replacement of Lost Fishing Vessels.--Notwithstanding subsection (a) of this section, the owner of an existing large fishing vessel that had a valid fishery license, permit, or other fishing privilege on September 25, 1997, may obtain a fishery license, permit, or other fishing privilege for a replacement vessel in the event of the actual total loss or constructive total loss after September 25, 1997, of such existing vessel, if-- (1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent; (2) the existing vessel actively harvested fishery resources in the exclusive economic zone of the United States during the year prior to such loss; (3) the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower than the existing vessel; (4) the fishery license, permit, or other fishing privilege for the new vessel is issued within 24 months of the loss of the existing vessel; and (5) the replacement vessel otherwise qualifies under laws of the United States for a fishery license, permit, or other fishing privilege. (e) Fishing Vessels Operating in Fisheries Outside the Exclusive Economic Zone.--This section shall not apply to a fishing vessel engaged exclusively in a fishery in which the fishing is conducted primarily outside of the boundaries of the exclusive economic zone of the United States as that zone is defined in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

American Fisheries Act of 1998 - Revokes permanently all licenses, permits, and other fishing privileges that have the effect of allowing specified vessels that "are not vessels of the United States" (Subject Fishing Vessels) to operate in U.S. fisheries, as well as any fishing history of such vessels. Exempts from such revocation, until December 31, 2001, the operation of such vessels in the Bering Sea pollock fishery and the Pacific whiting fishery. Mandates a fish harvesting moratorium for large fishing vessels in the U.S. exclusive economic zone until approval and implementation of a fishery management plan (developed by either the Secretary of Commerce, a regional fishery management council, or an interstate marine fishery management commission) specifically authorizing large fishing vessels to harvest fish in such zone. Declares such moratorium inapplicable to any fishing vessel engaged exclusively in a fishery conducted primarily outside the U.S. exclusive economic zone.

American Fisheries Act of 1998

SECTION 1. EXCLUSION OF NET CAPITAL GAIN OF TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION OF NET CAPITAL GAIN OF TAXPAYERS OTHER THAN CORPORATIONS. ``In the case of a taxpayer other than a corporation, gross income shall not include an amount equal to the net capital gain of the taxpayer for the taxable year.'' (b) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Subsection (b) of section 55 of such Code is amended by striking paragraph (3). (3) Section 1222 of such Code is amended by adding at the end the following new sentence: ``Determinations under this section shall be made before the application of section 1203.'' (4) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion of net capital gain of taxpayers other than corporations.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 2. EXCLUSION INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends and interest otherwise includible in gross income which are received during the taxable year by an individual. ``(b) Certain Dividends Excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 32(c)(5) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by inserting after clause (ii) the following new clause: ``(iii) interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (2) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (3) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of interest and dividends received during the taxable year which are excluded from gross income under section 116.''. (4) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (5) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (6) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (7) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (8) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends and interest received by individuals) and'' after ``For purposes of''. (9) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends and interest received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (10) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends and interest received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. (a) Restoration of Prior Law Formula.--Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of-- ``(1) one-half of the Social Security benefits received during the taxable year, or ``(2) one-half of the excess described in subsection (b)(1).'' (b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 of such Code is amended to read as follows: ``(c) Base Amount.--For purposes of this section, the term `base amount' means-- ``(1) except as otherwise provided in this subsection, $25,000, ``(2) $32,000 in the case of a joint return, and ``(3) zero in the case of a taxpayer who-- ``(A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and ``(B) does not live apart from his spouse at all times during the taxable year.'' (c) Conforming Amendments.-- (1) Subparagraph (A) of section 871(a)(3) of such Code is amended by striking ``85 percent'' and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2002. (2) Subsection (c)(1).--The amendment made by subsection (c)(1) shall apply to benefits paid after December 31, 2002. (3) Subsection (c)(2).--The amendments made by subsection (c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2002. (e) Maintenance of Transfers to Hospital Insurance Trust Fund.-- (1) In general.--There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this section. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. (2) Reports.--The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this section.

Amends the Internal Revenue Code to exclude from individual gross income: (1) net capital gains; and (2) interest and dividends, not including dividends from farmers' cooperative associations, regulated investment companies and real estate investment trusts, and employee stock ownership plans.Repeals the 85 percent (second tier) taxation of Social Security and Railroad Retirement benefits. Transfers from the general fund in the Treasury to the Hospital Insurance Trust Fund amounts equal to the resultant reduction in revenues.

To amend the Internal Revenue Code of 1986 to eliminate the tax on the net capital gain of taxpayers other than corporations, to exclude interest and dividends from gross income, and to repeal the 1993 income tax increase on Social Security benefits.

SECTION 1. DEDUCTION FOR MEDICAL EXPENSES NOT ALLOWED FOR ABORTIONS. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.-- ``(1) In general.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) an abortion-- ``(i) in the case of a pregnancy that is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy, and ``(B) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. DISALLOWANCE OF REFUNDABLE CREDIT FOR COVERAGE UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES COVERAGE FOR ABORTION. (a) In General.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2))''. (b) Option to Purchase or Offer Separate Coverage or Plan.-- Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2013. SEC. 3. DISALLOWANCE OF SMALL EMPLOYER HEALTH INSURANCE EXPENSE CREDIT FOR PLAN WHICH INCLUDES COVERAGE FOR ABORTION. (a) In General.--Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term'', and (2) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.--The terms `qualified health plan' and `health insurance coverage' shall not include any health plan or benefit that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DISTRIBUTIONS FOR ABORTION EXPENSES FROM CERTAIN ACCOUNTS AND ARRANGEMENTS INCLUDED IN GROSS INCOME. (a) Flexible Spending Arrangements Under Cafeteria Plans.--Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection: ``(k) Abortion Reimbursement From Flexible Spending Arrangement Included in Gross Income.--Notwithstanding section 105(b), gross income shall include any reimbursement for expenses incurred for an abortion (other than any abortion or treatment described in section 213(g)(2)) from a health flexible spending arrangement provided under a cafeteria plan. Such reimbursement shall not fail to be a qualified benefit for purposes of this section merely as a result of such inclusion in gross income.''. (b) Archer MSAs.--Paragraph (1) of section 220(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such holder''. (c) HSAs.--Paragraph (1) of section 223(f) of such Code is amended by inserting before the period at the end the following: ``, except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such beneficiary''. (d) Effective Dates.-- (1) FSA reimbursements.--The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. (2) Distributions from savings accounts.--The amendments made by subsection (b) and (c) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to disqualify, for puposes of the tax deduction for medical expenses, any amounts paid for an abortion. Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Permits: (1) the purchase of separate abortion coverage or health plans that include abortion coverage if premium assistance tax credits are not used for such purchase; and (2) non-federal health insurance issuers to offer separate abortion coverage or health plans that have abortion coverage if premiums for such coverage are not paid for with premium assistance tax credit amounts. Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of this Act: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.

To amend the Internal Revenue Code of 1986 to eliminate certain tax benefits relating to abortion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Energy Efficiency Research and Development Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the Energy Information Administration's 2006 Annual Energy Review, the industrial sector in 2006 accounted for more energy use (32 percent) than the residential (21 percent), commercial (18 percent), or transportation sector (29 percent). (2) The primary energy intensive industries vital to maintaining our country's infrastructure and economic and national security include steel, chemicals, metal casting, forest products, glass, aluminum, petroleum refining, and mining, as well as other energy intensive manufacturers. (3) The Department of Energy has demonstrated the success of public-private partnerships with these industries resulting in research, development, and deployment of new energy efficient technologies which reduce emissions and improve manufacturing competitiveness. (4) Innovations in manufacturing processes within these industries may be translated into efficiency improvements in buildings, transportation, and other economic sectors that depend upon these industries. (5) While past public-private partnerships have resulted in significant energy efficiency improvements in manufacturing processes, there is a need for new technologies to achieve continual energy efficiency improvements. (6) Innovations made in the last few decades assisted the United States in remaining competitive in the global market. Continued innovation in the areas of energy efficiency and feedstock diversification are necessary to enable the United States to maintain a competitive edge. (7) The Department of Energy should continue collaborative efforts with industry, particularly the manufacturing sector, to broaden and accelerate the high-risk research and development of new manufacturing processes that optimize energy efficiency and utilize diverse sources of energy. (8) These partnerships support critical research and development capabilities at universities and other research institutions while training future generations of engineers in critical areas of energy systems and efficient industrial process technologies for our domestic industries. SEC. 3. INDUSTRIAL TECHNOLOGIES PROGRAM. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall establish a program, in cooperation with energy-intensive industries, trade and industry research collaborations representing such industries, and institutions of higher education-- (1) to conduct energy research, development, demonstration, and commercial application activities with respect to new industrial and commercial processes, technologies, and methods to-- (A) achieve substantial improvements in energy efficiency; and (B) enhance the economic competitiveness of the United States industrial sector; and (2) to conduct environmental research and development with respect to new industrial and commercial processes, technologies, and methods to achieve environmental performance improvements such as waste reduction, emissions reductions, and more efficient water use. (b) Program Activities.--Research, development, demonstration, and commercial application activities under this section may include-- (1) activities to support the development and use of technologies and processes that improve the quality and quantity of feedstocks recovered or recycled from process and waste streams; (2) research to meet manufacturing feedstock requirements with alternative resources; (3) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (4) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and (5) a program to fund research, development, and demonstration relating to inventors' and small companies' technology proposals, based on energy savings potential, commercial viability, and technical merit. (c) Competitive Awards.--All awards under this section shall be made on a competitive, merit-reviewed basis. (d) Coordination and Nonduplication.--The Secretary shall, coordinate efforts under this section with other programs of the Department and other Federal agencies, to avoid duplication of effort. (e) Annual Report.--Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Congress a report on the activities conducted pursuant to this Act, including-- (1) a description of the activities used to facilitate cooperation with energy-intensive industries, universities, and other participants in the program; and (2) a description of ongoing projects and new projects initiated, and the anticipated energy savings associated with achievement of each project's goals. SEC. 4. UNIVERSITY-BASED INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS. To strengthen the program under section 3, the Secretary shall provide funding to university-based industrial research and assessment centers, whose purpose shall be-- (1) to identify opportunities for optimizing energy efficiency and environmental performance; (2) to promote application of emerging concepts and technologies in small and medium-sized manufacturers; (3) to promote the research and development for usage of alternative energy sources to supply heat, power, and new feedstocks for energy intensive industries; (4) to coordinate with appropriate State research offices, and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (5) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act $150,000,000 for each of the fiscal years 2009 through 2013. Passed the House of Representatives October 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Industrial Energy Efficiency Research and Development Act of 2007 - (Sec. 3) Directs the Secretary of Energy to establish a program to conduct: (1) energy research, development, demonstration, and commercial application activities with respect to new industrial and commercial processes, technologies, and methods to achieve improvements in energy efficiency and enhance the economic competitiveness of the U.S. industrial sector; and (2) environmental research and development with respect to new industrial and commercial processes, technologies, and methods to achieve environmental performance improvements such as waste reduction, emissions reductions, and more efficient water use. Authorizes such activities to include: (1) activities to support the development and use of technologies and processes that improve the quality and quantity of feedstocks recovered or recycled from process and waste streams; (2) research to meet manufacturing feedstock requirements with alternative resources; (3) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (4) research to achieve energy efficiency in steam, power, control system, and process heat technologies and in other manufacturing processes; and (5) a program to fund research, development, and demonstration relating to inventors' and small companies' technology proposals, based on energy savings potential, commercial viability, and technical merit. Requires all awards given under such program to made on a competitive, merit-reviewed basis. Requires the Secretary to report to Congress on such activities. (Sec. 4) Directs the Secretary to provide funding to university-based industrial research and assessment centers to: (1) identify opportunities for optimizing energy efficiency and environmental performance; (2) promote application of emerging concepts and technologies in small and medium-sized manufacturers; (3) promote the research and development for use of alternative energy sources for energy intensive industries; (4) coordinate with state research offices and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (5) coordinate with state-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. Authorizes appropriations.

To support research and development of new industrial processes and technologies that optimize energy efficiency and environmental performance, utilize diverse sources of energy, and increase economic competitiveness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Product Safety Notification and Recall Effectiveness Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The Consumer Product Safety Commission conducts approximately 300 recalls of hazardous, dangerous, and defective consumer products each year. (2) In developing comprehensive corrective action plans with recalling companies, the Consumer Product Safety Commission staff greatly relies upon the media and retailers to alert consumers to the dangers of unsafe consumer products, because the manufacturers do not generally possess contact information regarding the purchasing consumers. Based upon information received from companies maintaining customer registration lists, such contact information is known for generally less than 7 percent of the total consumer products produced and distributed. (3) The Consumer Product Safety Commission has found that the consumers of the other 93 percent of consumer products produced and distributed do not return purchaser identification cards because of requests for marketing and personal information in the cards, and the likelihood of receiving unsolicited marketing materials. (4) The Consumer Product Safety Commission has conducted research demonstrating that direct consumer contact is one of the most effective ways of motivating consumer response to a consumer product recall. (5) Companies that maintain consumer product purchase data, such as product registration cards, warranty cards, and rebate cards, are able to effectively notify consumers of a consumer product recall. (6) The Consumer Product Safety Commission staff has found that a consumer product safety owner card, without marketing questions or requests for personal information, that accompanied products such as small household appliances and juvenile products would increase consumer participation and information necessary for direct notification in consumer product recalls. (7) The National Highway Traffic Safety Administration has, since March 1993, required similar simplified, marketing-free product registration cards on child safety seats used in motor vehicles, and has found that this has been successful in increasing recall compliance rates. (b) Purpose.--The purpose of this Act is to reduce the number of deaths and injuries from defective and hazardous consumer products through improved recall effectiveness, by-- (1) requiring the Consumer Product Safety Commission to promulgate a rule to require manufacturers of juvenile products, small household appliances, and certain other consumer products, to include a simplified product safety owner card with those consumer products at the time of original purchase by consumers, or develop effective electronic registration of the first purchasers of such products, to develop a customer database for the purpose of notifying consumers about recalls of those products; and (2) encouraging manufacturers, private labelers, retailers, and others to use creativity and innovation to create and maintain effective methods of notifying consumers in the event of a consumer product recall. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Terms defined in consumer product safety act.--The definitions set forth in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) shall apply to this Act. (2) Covered consumer product.--The term ``covered consumer product'' means-- (A) a juvenile product; (B) a small household appliance; and (C) such other consumer product as the Commission considers appropriate for achieving the purpose of this Act. (3) Juvenile product.--The term ``juvenile product''-- (A) means a durable consumer product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes, but is not limited to-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) playpens; (vii) stationary activity centers; (viii) strollers; (ix) walkers; (x) swings; (xi) child carriers; (xii) bassinets and cradles; and (xiii) children's toys. (4) Product safety owner card.--The term ``product safety owner card'' means a standardized product identification card supplied with a consumer product by the manufacturer of the product, at the time of original purchase by the first purchaser of such product for purposes other than resale, that only requests that the consumer of such product provide to the manufacturer a minimal level of personal information needed to enable the manufacturer to contact the consumer in the event of a recall of the product. (5) Small household appliance.--The term ``small household appliance'' means a consumer product that is a toaster, toaster oven, blender, food processor, coffee maker, or other similar small appliances. SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN CONSUMER PRODUCTS. (a) In General.--The Commission shall promulgate a rule under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)) that requires that the manufacturer of a covered consumer product shall establish and maintain a system for providing notification of recalls of such product to consumers of such product. (b) Requirement to Create Database.-- (1) In general.--The rule shall require that the system include use of product safety owner cards, Internet registration, or an alternative method specified by the rule, to create a database of information regarding consumers of covered consumer products, for the sole purpose of notifying such consumers of recalls of such products. (2) Use of technology.--Alternative methods specified in the rule may include use of on-line product registration and consumer notification, consumer information data bases, electronic tagging and bar codes, embedded computer chips in consumer products, or other electronic and design strategies to notify consumers about product recalls, that the Commission determines will increase the effectiveness of recalls of covered consumer products. (c) Use of Commission Staff Proposal.--The rule shall be substantially the same as the Commission staff draft entitled ``Advanced Notice of Proposed Rulemaking entitled Purchaser Owner Card Program'', dated June 19, 2001. (d) Deadlines.--The Commission-- (1) shall issue a proposed rule under this section by not later than 90 days after the date of the enactment of this Act; and (2) shall promulgate a final rule under this section by not later than 270 days after the date of the enactment of this Act.

Product Safety Notification and Recall Effectiveness Act of 2005 - Instructs the Consumer Product Safety Commission to promulgate a rule under the Consumer Product Safety Act that requires the manufacturer of a covered consumer product to establish and maintain a consumer notification system for product recalls. Defines "covered consumer product" as: (1) a juvenile product; (2) a small household appliance; and (3) such other products as the Commission considers appropriate for achieving the purpose of this Act (reducing deaths and injuries from defective and hazardous consumer products through improved recall). Prescribes database requirements.

To direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Life-Saving Medications Act of 2011''. SEC. 2. DISCONTINUANCE OR INTERRUPTION OF THE MANUFACTURE OF A PRESCRIPTION DRUG. (a) In General.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended to read as follows: ``SEC. 506C. DISCONTINUANCE OR INTERRUPTION OF THE MANUFACTURE OF A PRESCRIPTION DRUG. ``(a) Definitions.--In this section: ``(1) The term `average historic demand' means the individual manufacturer's average monthly volume of sales of the drug during the last calendar year. ``(2) The term `discontinuance' means the permanent termination of the manufacture of a drug by an individual manufacturer. ``(3) The term `interruption' means a change that-- ``(A) may result in the total supply of a drug manufactured by the individual manufacturer not meeting average historic demand; and ``(B) consists of-- ``(i) a change in the supply of one or more raw materials, including active pharmaceutical ingredients; ``(ii) an unplanned interruption in ability to produce the drug; ``(iii) a business decision affecting the manufacture of the drug, such as a merger or a change in production output; or ``(iv) any other type change that could have the result described in subparagraph (A), as determined by the Secretary. ``(b) Notifications by Manufacturers.-- ``(1) In general.--A manufacturer of a drug that is subject to section 503(b)(1) and marketed in interstate commerce shall notify the Secretary of a discontinuance or interruption in the manufacture of such drug. ``(2) Notification period.--A notification pursuant to paragraph (1) shall be submitted to the Secretary-- ``(A) in the case of a planned discontinuance, at least 6 months prior to the date of such discontinuance; and ``(B) in the case of any other discontinuance or interruption-- ``(i) at least 6 months prior to the date of such discontinuance or interruption; or ``(ii) if the manufacturer cannot provide 6 months advance notice, as soon as practicable after the manufacturer-- ``(I) becomes aware of such discontinuance; or ``(II) becomes aware that such interruption may result in the total supply of the drug manufactured by the individual manufacturer not meeting average historic demand. ``(3) Additional information.--A manufacturer may, but is not required to, include in a notification submitted pursuant to paragraph (1) information about an alternative source of the drug or the availability of a drug with the same active ingredient. ``(4) Reduction in notification period.--The notification period required under paragraph (2) for a manufacturer may be reduced if the manufacturer certifies to the Secretary that good cause exists for the reduction, such as a situation in which-- ``(A) a public health problem may result from continuation of the manufacturing for the 6-month period; ``(B) a biomaterials shortage prevents the continuation of the manufacturing for the 6-month period; ``(C) a liability problem may exist for the manufacturer if the manufacturing is continued for the 6-month period; ``(D) continuation of the manufacturing for the 6- month period may cause substantial economic hardship for the manufacturer; ``(E) the manufacturer has filed for bankruptcy under chapter 7 or 11 of title 11, United States Code; or ``(F) the manufacturer can continue the distribution of the drug involved for 6 months. ``(5) Other reductions in notification period.--The Secretary may reduce the notification period required under paragraph (2) based on-- ``(A) the type of discontinuance or interruption at issue; and ``(B) any other factor, as determined by the Secretary. ``(6) Confidentiality of information.--Any information provided to the Secretary under paragraph (1) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5 and section 1905 of title 18. ``(7) Enforcement.-- ``(A) Any manufacturer that knowingly fails to submit a notification in violation of paragraph (1) shall be subject to a civil money penalty not to exceed $10,000 for each day on which the violation continues, and not to exceed $1,800,000 for all such violations adjudicated in a single proceeding. ``(B) Not later than 180 days after the date of the enactment of the Preserving Access to Life-Saving Medications Act of 2011, the Secretary shall, subject to subparagraph (A), promulgate final regulations establishing a schedule of civil monetary penalties for violations of paragraph (1). ``(C) The provisions of paragraphs (5), (6), and (7) of section 303(f) shall apply with respect to a civil penalty under this paragraph to the same extent and in the same manner as such provisions apply with respect to a civil penalty under paragraph (1), (2), (3), (4), or (9) of section 303(f). ``(c) Notifications by Secretary.-- ``(1) Drug shortage defined.--In this section, the term `drug shortage' means, with respect to a drug, a period of time when the total supply of such drug available at the user level will not meet the demand for such drug at the user level as determined by the Secretary. ``(2) Public notification.-- ``(A) In general.--Subject to subsection (b)(6), the Secretary shall-- ``(i) publish on the public Internet Web site of the Food and Drug Administration information on-- ``(I) the types of discontinuances and interruptions for which a notification is required under subsection (b)(1); and ``(II) actual drug shortages; and ``(ii) to the maximum extent practicable, distribute such information to appropriate health care providers and patient organizations. ``(B) Duration.--The Secretary shall include in any publication or distribution under subparagraph (A), when possible, an estimate of the expected duration of any discontinuance or interruption or actual drug shortage. ``(3) Identification and notification of drugs vulnerable to drug shortage.-- ``(A) In general.--If the Secretary determines using the criteria under subparagraph (B) that a drug may be vulnerable to a drug shortage, the Secretary shall notify the manufacturer of the drug of-- ``(i) such determination; and ``(ii) the Secretary's duty to collaborate to improve continuity of supply plans under paragraph (4). ``(B) Evidence-based criteria.--The Secretary shall implement evidence-based criteria for identifying drugs that may be vulnerable to a drug shortage. Such criteria shall be based on-- ``(i) the number of manufacturers of the drug; ``(ii) the sources of raw material or active pharmaceutical ingredients; ``(iii) the supply chain characteristics, such as production complexities; and ``(iv) the availability of therapeutic alternatives. ``(4) Continuity of supply plans.-- ``(A) In general.--With respect to drugs that are vulnerable to a drug shortage (as determined under paragraph (3)), the Secretary shall collaborate with manufacturers and other stakeholders (such as distributors and health care providers) to establish and improve continuity of supply plans, so that such plans include a process for addressing drug shortages. ``(B) Limitation on secretary's authority.--The Secretary may not in any case require a manufacturer-- ``(i) to manufacture a drug in the event of a discontinuance or interruption; or ``(ii) to delay or alter a discontinuance or interruption. ``(C) Allocation by manufacturer.--No provision of Federal law shall be construed to prohibit a manufacturer from, or penalize a manufacturer for, allocating distribution of its products in order to manage an actual or potential drug shortage. ``(d) Rulemaking.--The Secretary shall carry out this section pursuant to regulations promulgated after providing notice and an opportunity for comment.''. (b) Applicability; Transitional Period.--Section 506C of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), applies with respect to discontinuances, interruptions, and drug shortages (as such terms are used in such section 506C) that occur on or after the day that is 1 year after the date of the enactment of this Act. Until such day, the provisions of section 506C of the Federal Food, Drug, and Cosmetic Act, as in effect on the day before the enactment of this Act, shall continue to apply. SEC. 3. REPORTS TO CONGRESS. The Secretary of Health and Human Services shall submit to the Congress-- (1) not later than the date that is 1 year after the date of the enactment of this Act, a report describing the actions taken by the Secretary during the previous 1-year period to address drug shortages (as defined in section 506C of the Federal Food, Drug, and Cosmetic Act, as amended by section 2) through all aspects of the prescription drug supply chain; and (2) every 5 years thereafter, a report describing such actions taken by the Secretary during the previous 5-year period. SEC. 4. GAO STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study-- (1) to examine how the Food and Drug Administration identifies and responds to drug shortages (as defined in section 506C of the Federal Food, Drug, and Cosmetic Act, as amended by section 2); (2) to examine the possible causes of such drug shortages, including manufacturing problems, breakdown in the supply chain delivery system, changes in the supply of raw materials, stockpiling at the wholesale or provider level, and restrictive regulatory requirements; (3) to identify if there is adequate communication between industry, the Food and Drug Administration, distributors, and end users; (4) to analyze the effects of the enactment of this Act on the ability of the Food and Drug Administration to identify and ameliorate such drug shortages; and (5) to identify any additional measures that need to be taken to prevent or address such drug shortages. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress on the results of the study under subsection (a).

Preserving Access to Life-Saving Medications Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the manufacturer of a prescription drug marketed in interstate commerce to notify the Secretary of Health and Human Services (HHS) of a discontinuance or interruption in the manufacture of such drug. Requires the notification to be submitted six months prior to the date of a discontinuance or interruption, if possible. Allows the reduction of the notification period if the manufacturer certifies to the Secretary that good cause exists for the reduction. Authorizes the Secretary to reduce the notification period based on the type of discontinuance or interruption at issue or any other factor. Treats any information provided to the Secretary under this Act as a trade secret or confidential information. Establishes civil monetary penalties for violations. Requires the Secretary to publish on the website of the Food and Drug Administration (FDA) and distribute to the appropriate health care providers and patient organizations information on discontinuances, interruptions, and drug shortages. Requires the Secretary to notify a manufacturer of: (1) any determination by the Secretary that a drug may be vulnerable to a drug shortage, and (2) the Secretary's duty to collaborate to improve continuity of supply. Prohibits the Secretary from requiring a manufacturer to: (1) manufacture a drug in the event of a discontinuance or interruption, or (2) delay or alter a discontinuance or interruption. Declares that no provision of federal law shall be construed to prohibit a manufacturer from, or penalize a manufacturer for, allocating distribution of its products in order to manage an actual or potential drug shortage. Requires the Comptroller General to examine issues related to drug shortages.

To amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with improved capacity to prevent drug shortages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Handgun Safety Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is in the interest of the Nation to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would disallow unauthorized users, whether they be children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow for authorized users to continue to lawfully own and use their handgun more safely. (4) In 2011, according to the Centers for Disease Control (CDC), there were 851 accidental firearm deaths. (5) In 2010, according to the CDC, 62 people under the age of 15 were killed accidentally with firearms. (6) Almost 350,000 incidents of firearm theft from private citizens occur annually according to the National Crime Victimization Survey. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS SEC. 101. AUTHORIZATION. The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the ``Director''), shall make grants to qualified entities to develop technology for personalized handguns. SEC. 102. APPLICATIONS. A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 103. USES OF FUNDS. A qualified entity receiving a grant under this title-- (1) shall use not less than 70 percent of such funds to develop technology for personalized handguns; (2) may use not more than 20 percent of such funds to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of such funds for administrative costs associated with the development of technology funded under this title. SEC. 104. TERM; RENEWAL. (a) Term.--A grant awarded under this title shall be for a term of one year. (b) Renewal.--A qualified entity receiving a grant under this title may renew such grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. SEC. 105. REPORTS. A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. The Director shall transmit to Congress each year a report containing a summary of such information received. SEC. 106. REGULATIONS. The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. SEC. 107. DEFINITIONS. In this title: (1) Handgun.--The term ``handgun'' has the meaning given the term in section 921(a)(29) of title 18, United States Code. (2) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only the authorized users of a handgun to fire such handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun, and is not sold as an accessory; and (ii) cannot be readily removed or deactivated. (3) Qualified entity.--The term ``qualified entity'' means-- (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 2001)). (4) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only the authorized users of a handgun to fire such handgun; and (B) cannot be readily removed or deactivated. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $2,000,000 for fiscal years 2015 and 2016. TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD SEC. 201. CONSUMER PRODUCT SAFETY STANDARD. (a) Establishment of Standard.--Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act (15 U.S.C. 2056(a)) for handguns. (b) Standard Requirements.--The standard established under subsection (a) shall require that-- (1) effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and (2) effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be-- (A) personalized handguns, if manufactured on or after the effective date in paragraph (1); or (B) retrofitted personalized handguns, if manufactured before the effective date in paragraph (1). (c) Exemptions.-- (1) Antique firearms.--The standard established under subsection (a) shall not require retrofitting or personalization of antique firearms. (2) Military firearms.--The standard established under subsection (a) shall not apply to a firearm that is owned by the Department of Defense. (d) Cost of Retrofitting.-- (1) In general.--Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection (b) shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required. (2) Reimbursement.--Section 524(c) of title 28, United States Code, is amended-- (A) in subparagraph (H), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (I) the following: ``(J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act.''. (e) Availability of an Action on Behalf of a State.--If an 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 any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate. SEC. 202. DEFINITIONS. In this title: (1) Authorized user.--The term ``authorized user'', with respect to a firearm, means the lawful owner of the firearm and any individual authorized by the owner to use the firearm who is allowed to own, carry, or use a firearm in the State where the firearm is being used. (2) Handgun and antique firearm.--The terms ``handgun'' and ``antique firearm'' have the meanings given such terms in section 921 of title 18, United States Code. (3) Personalized handgun.--The term ``personalized handgun'' means a handgun that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (4) Retrofitted personalized handgun.--The term ``retrofitted personalized handgun'' means a handgun fitted with a device that-- (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT. Section 4 of the Protection of Lawful Commerce in Arms Act (Public Law 109-92) is amended-- (1) in paragraph (4), by adding at the end the following: ``Notwithstanding the preceding sentence, the term `qualified product' does not include any handgun manufactured after the 2- year period that begins with the date of the enactment of this sentence that is not a personalized handgun or a retrofitted personalized handgun.''; and (2) by adding at the end the following: ``(10) Authorized user.--The term `authorized user', with respect to a handgun, means the lawful owner of the handgun and any individual authorized by the owner to use the handgun who is allowed to own, carry, or use a handgun in the State where the handgun is being used. ``(11) Personalized handgun.--The term `personalized handgun' means a handgun that-- ``(A) enables only an authorized user of a handgun to fire the handgun; and ``(B) was manufactured in such a manner that the firing restriction described in subparagraph (A)-- ``(i) is incorporated into the design of the handgun; and ``(ii) cannot be readily removed or deactivated. ``(12) Retrofitted personalized handgun.--The term `retrofitted personalized handgun' means a handgun fitted with a device that-- ``(A) enables only an authorized user of a handgun to fire the handgun; and ``(B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. ``(13) Handgun.--The term `handgun' has the meaning given the term in section 921(a)(29) of title 18, United States Code.''.

Personalized Handgun Safety Act - Requires the Director of the National Institute of Justice to make grants to qualified entities (states or local governments, organizations, or institutions of higher education) to develop technology for personalized handguns (a handgun that enables only the authorized user to fire it). Requires a recipient to use not less than 70% of grant funds to develop technology for personalized handguns. Allows such entity to use not more than: (1) 20% of such funds to develop technology for retrofitted personalized handguns, and (2) 10% of such funds for administrative costs. Provides for one-year grant awards, subject to renewal. Directs the Consumer Product Safety Commission (CPSC) to promulgate a consumer product safety standard providing a specified timetable by which handguns manufactured, sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be personalized handguns or retrofitted personalized handguns, depending on the date of manufacture. Exempts antique firearms and firearms owned by the Department of Defense (DOD). Requires the cost of retrofitting a handgun to be borne by the manufacturer if the manufacturer is operational at the time the retrofit is required. Makes appropriations for the Department of Justice (DOJ) available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Authorizes an official or agency of a state to bring a civil action in U.S. district court against a handgun seller or manufacturer on behalf of residents adversely affected by a violation of such standard. Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of "qualified product" any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun.

Personalized Handgun Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Errors Reduction Act of 2001''. SEC. 2. INFORMATICS SYSTEMS GRANT PROGRAM FOR HOSPITALS AND SKILLED NURSING FACILITIES. (a) Grants.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a program to make grants to eligible entities that have submitted applications in accordance with subsection (b) for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors. (2) Duration.--The authority of the Secretary to make grants under this section shall terminate on September 30, 2011. (3) Costs defined.--For purposes of this section, the term ``costs'' shall include total expenditures incurred for-- (A) purchasing, leasing, and installing computer software and hardware, including handheld computer technologies; (B) making improvements to existing computer software and hardware; (C) purchasing or leasing communications capabilities necessary for clinical data access, storage, and exchange; and (D) providing education and training to eligible entity staff on computer patient safety information systems. (4) Eligible entity defined.--For purposes of this section, the term ``eligible entity'' means the following entities: (A) Hospital.--A hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))). (B) Skilled nursing facility.--A skilled nursing facility (as defined in section 1819(a) of such Act (42 U.S.C. 1395i-3(e))). (b) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary specifies. (c) Special Considerations and Rural Hospital Reserve.-- (1) Special consideration for eligible entities that serve a large number of medicare, medicaid, and schip eligible individuals.--In awarding grants under this section, the Secretary shall give special consideration to eligible entities in which individuals that are eligible for benefits under the medicare program under title XVIII of the Social Security Act, the medicaid program under title XIX of such Act, or under the State children's health insurance program under title XXI of such Act make up a high percentage of the total patient population of the entity. (2) Reserve 20 percent of grant funds for rural hospitals.-- (A) In general.--Subject to subparagraph (C), the Secretary shall ensure that at least 20 percent of the funds available for making grants under this section are used for making grants to eligible entities that are rural hospitals. (B) Rural hospital defined.--For purposes of subparagraph (A), the term ``rural hospital'' means a hospital that-- (i) is located in a rural area (as such term is defined for purposes of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d))); (ii) is located in an area designated by any law or regulation of the State as a rural area; or (iii) is designated by the State as a rural hospital. (C) Availability of reserve funds if limited number of rural hospitals apply for grants.--If the Secretary estimates that the amount of funds reserved under subparagraph (A) for hospitals described in such subparagraph exceeds the maximum amount of funds permitted for such hospitals under subsection (d), the Secretary may reduce the amount reserved for such hospitals by an amount equal to such excess and use such funds for awarding grants to other eligible entities. (3) Special consideration for compliance with recommended standards.--In awarding grants under this section, the Secretary shall give special consideration to eligible entities for grants that are intended to comply with the requirements referred to in paragraph (1)(B) of section 3(c) (relating to interoperability standardization, common medical technology (lexicon), and records security) that are recommended under such section. (d) Limitation on Amount of Grant.-- (1) In general.--A grant awarded under this section may not exceed the lesser of-- (A) an amount equal to the applicable percentage of the costs incurred by the eligible entity for the project for which the entity is seeking funding under this section; or (B) in the case of a grant made to a-- (i) hospital, $750,000; or (ii) skilled nursing facility, $200,000. (2) Applicable percentage.--For purposes of paragraph (1)(A), the term ``applicable percentage'' means, with respect to an eligible entity, the percentage of total net revenues for such period as determined appropriate by the Secretary for the entity that consists of net revenues from the medicare and medicaid programs or the State children's health insurance program under titles XVIII, XIX, and XXI of the Social Security Act. (e) Eligible Entity Required To Furnish Secretary With Information.--An eligible entity receiving a grant under this section shall furnish the Secretary with such information as the Secretary may require to-- (1) evaluate the project for which the grant is made; and (2) ensure that funding provided under the grant is expended for the purposes for which it is made. (f) Reports.-- (1) Interim reports.-- (A) In general.--The Secretary shall submit, at least annually, a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the grant program established under this section. (B) Contents.--A report submitted pursuant to subparagraph (A) shall include information on-- (i) the number of grants made; (ii) the nature of the projects for which funding is provided under the grant program; (iii) the geographic distribution of grant recipients; and (iv) such other matters as the Secretary determines appropriate. (2) Final report.--Not later than 180 days after the completion of all of the projects for which a grant is made under this section, the Secretary shall submit a final report to the committees referred to in paragraph (1)(A) on the grant program established under this section, together with such recommendations for legislation and administrative action as the Secretary determines appropriate. (g) Authorization of Appropriations.-- (1) Authorization.-- (A) Hospitals.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) $93,000,000, for each of the fiscal years 2002 through 2011, for the purpose of making grants under this section to eligible entities that are hospitals. (B) Skilled nursing facilities.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) $4,500,000, for each of the fiscal years 2002 through 2011, for the purpose of making grants under this section to eligible entities that are skilled nursing facilities. (2) Availability.--Any amounts appropriated pursuant to the authority contained in subparagraph (A) or (B) of paragraph (1) shall remain available, without fiscal year limitation, through September 30, 2011. SEC. 3. MEDICAL INFORMATION TECHNOLOGY ADVISORY BOARD. (a) Establishment.--No later than three months after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall appoint a board to be known as the ``Medical Information Technology Advisory Board'' (in this section referred to as the ``MITAB''). The Secretary shall designate one member as chairman and one as vice chairman. (b) Composition.-- (1) In general.--The MITAB shall consist of 17 members that include-- (A) experts from the fields of medical information, information technology, medical continuous quality improvement, medical records security and privacy, individual and institutional health care clinical providers, health researchers, and health care purchasers; (B) one or more Members of the National Committee on Vital and Health Statistics and one or more Members of the Medicare Payment Advisory Commission or its staff; and (C) one or more staff experts from the National Library of Medicine, the Centers for Medicare & Medicaid Services, and the Agency for Healthcare Research and Quality. (2) Terms; etc.--The provisions of paragraphs (3) through (8) of section 4021(c) of the Balanced Budget Act of 1997 shall apply to the MITAB in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare. (c) Duties.-- (1) Initial report.--No later than 30 months after the date of the enactment of this Act, the MITAB shall submit to Congress a report on the following: (A) The best current practices in medical information technology. (B) The requirements to be established (after appropriate development and testing) for-- (i) health care information technology interoperability standardization, (ii) common medical terminology (lexicon), and (iii) records security. (C) Certification of compliance with MITAB requirements, so that the goal of confidential information exchange among health care providers may be promoted and so that long-term compatibility among information systems is maximized, in order to promote one or more of the goals described in subsection (d). (2) Subsequent reports.--During the 6 years after the year in which the report is submitted under paragraph (1), the MITAB shall submit to Congress reports, every 24 months, relating to additional recommendations, best practices, results of information technology improvements financed under grants under section 2, and such other matters as may help ensure the most rapid dissemination of best practices in health care information technology. (d) Goals.--The goals described in this subsection are the following: (1) To maximize positive outcomes in clinical care-- (A) by providing decision support for diagnosis and care; and (B) by assisting in the emergency treatment of a patient presenting at a facility where there is no medical record of the patient. (2) To contribute to (and be consistent with) the development of the patient assessment instrument provided for under section 545 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), and to assist in minimizing the need for new and different records as patients move from provider to provider. (3) To reduce or eliminate the need for redundant records, paperwork, and the repetitive taking of patient histories and administering of tests. (4) To minimize medical errors, such as administration of contraindicated drugs. (5) To promote and ensure access to best practices of medicine through support of research across institutions. (6) To provide a compatible information technology architecture that facilitates future quality and cost-saving needs and that avoids the financing and development of information technology systems that are not readily compatible. (e) Staff and Administration.--The provisions of section 4021(d) of the Balanced Budget Act of 1997 shall apply to the MITAB in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare. (f) Powers.--The provisions of section 4021(e) of the Balanced Budget Act of 1997 shall apply to the MITAB in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare. (g) Termination.--The MITAB shall terminate 30 days after the date of submission of its final report under subsection (c)(2). (h) Authorization of Appropriations.--There are authorized to be appropriated $2,500,000 in fiscal year 2002, $8,000,000 in fiscal year 2003, and $9,500,000 in fiscal year 2004 to carry out this section. The full amount of such appropriation shall be payable from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i). Funding for the reports provided under subsection (c)(2) shall be from funds appropriated for the administrative budget of the Centers for Medicare & Medicaid Services.

Medication Errors Reduction Act of 2001 - Directs the Secretary of Health and Human Services to establish a program to make grants to eligible entities for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.Gives special consideration to eligible entities serving a large number of Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) eligible individuals. Reserves a certain percentage of grant funds for rural hospitals.Terminates the Secretary's authority to make such grants on September 30, 2011.Directs the Secretary to appoint a Medical Information Technology Advisory Board to study and report to Congress on best current practices in medical information technology and certain standardization and security requirements.

To establish an informatics grant program for hospitals and skilled nursing facilities and to encourage health care providers to make major information technology advances by establishing a Medical Information Technology Advisory Board that will develop and disseminate standards for the electronic sharing of medical information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory Arbitration Transparency Act of 2017''. SEC. 2. VALIDITY AND ENFORCEABILITY OF PREDISPUTE ARBITRATION AGREEMENTS CONTAINING CONFIDENTIALITY CLAUSES. (a) In General.--Title 9, United States Code, is amended by adding at the end the following: ``CHAPTER 4--PREDISPUTE ARBITRATION AGREEMENTS CONTAINING CONFIDENTIALITY CLAUSES ``401. Definitions. ``402. Validity and enforceability. ``Sec. 401. Definitions ``(a) In this chapter-- ``(1) the term `civil rights dispute' means a dispute-- ``(A) arising under-- ``(i) the Constitution of the United States or the constitution of a State; or ``(ii) a Federal or State statute that prohibits discrimination on the basis of race, sex, disability, religion, national origin, or any invidious basis in education, employment, credit, housing, public accommodations and facilities, voting, or any program funded or conducted by the Federal Government or a State government, including any statute enforced by the Civil Rights Division of the Department of Justice and any statute enumerated in section 62(e) of the Internal Revenue Code of 1986 (relating to unlawful discrimination); and ``(B) in which at least 1 party alleging a violation of the Constitution of the United States, a State constitution, or a statute prohibiting discrimination is an individual; ``(2) the term `consumer dispute' means a dispute between an individual who seeks or acquires real or personal property, services, securities or other investments, money, or credit for personal, family, or household purposes and the seller or provider of such property, services, securities or other investments, money, or credit; ``(3) the term `covered confidentiality clause' means a provision of a predispute arbitration agreement that, with respect to an employment dispute, consumer dispute, or civil rights dispute, purports to, or could be interpreted by a reasonable person to, prohibit a party to the dispute from-- ``(A) making a communication in a manner such that the prohibition would violate a State or Federal whistleblower statute; or ``(B) reporting or making a communication, including to any relevant public official, elected official, or other State or Federal authority, about-- ``(i) tortious conduct; ``(ii) otherwise unlawful conduct; or ``(iii) issues of public policy or public concern; ``(4) the term `employment dispute' means a dispute between an employer and employee arising out of the relationship of employer and employee as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and ``(5) the term `predispute arbitration agreement' means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. ``Sec. 402. Validity and enforceability ``(a) In General.-- ``(1) Prohibition on predispute arbitration agreements with confidentiality clauses.--Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if the agreement contains a covered confidentiality clause. ``(2) Exception.--Paragraph (1) shall not apply to a predispute arbitration agreement if a party to the agreement can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. ``(b) Applicability.-- ``(1) In general.--An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(2) Collective bargaining agreements.--Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom.''. (b) Technical and Conforming Amendment.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``4. Predispute arbitration agreements containing 401''. confidentiality clauses. SEC. 3. UNFAIR OR DECEPTIVE ACT OR PRACTICE. (a) Definition.--In this section-- (1) the term ``Commission'' means the Federal Trade Commission; and (2) the terms ``covered confidentiality clause'' and ``predispute arbitration agreement'' have the meanings given those terms in section 401 of title 9, United States Code, as added by section 2. (b) Prohibition.-- (1) In general.--It shall be unlawful for a person to knowingly offer to another person for ratification a predispute arbitration agreement that contains a covered confidentiality clause. (2) Exceptions.-- (A) Confidentiality interest.--Paragraph (1) shall not apply to a person that offers a predispute arbitration agreement with a covered confidentiality clause if the person can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. (B) Collective bargaining agreements.--Paragraph (1) shall not apply with respect to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, if the arbitration provision does not waive the right of an employee to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. (c) Enforcement by Federal Trade Commission.-- (1) Treatment as unfair or deceptive act or practice.--A violation of subsection (b) by a person with respect to which the Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of that Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Commission shall enforce this 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 section. (B) Privileges and immunities.--Any person who violates subsection (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Rulemaking.--The Commission shall promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Civil Action.-- (1) Private right of action.--Any person aggrieved by a violation of subsection (b) may bring a civil action in an appropriate district court of the United States. (2) Remedies.--In an action under paragraph (1), the court may award-- (A) actual damages, but not less than liquidated damages in an amount equal to $1,000; (B) punitive damages; (C) reasonable attorney's fees and other litigation costs reasonably incurred; and (D) any other preliminary and equitable relief that the court determines appropriate, including injunctive relief. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act. (b) Applicability.-- (1) Validity and enforceability.--Chapter 4 of title 9, United States Code, as added by section 2, shall apply with respect to any dispute or claim that arises on or after the date of enactment of this Act. (2) Unfair or deceptive act or practice.--Section 3 shall apply with respect to any predispute arbitration agreement offered for ratification on or after the date of enactment of this Act.

Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.

Mandatory Arbitration Transparency Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Medicare Act of 2008''. SEC. 2. INCREASE IN MEDICARE PHYSICIAN PAYMENT UPDATE. Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in paragraph (8)-- (A) in the heading, by striking ``a portion of''; (B) in subparagraph (A)-- (i) by striking ``(A) In general.--Subject to'' and inserting ``Notwithstanding''; and (ii) by striking ``for the period beginning on January 1, 2008, and ending on June 30, 2008,''; (C) by striking subparagraph (B); and (2) by adding at the end the following new paragraph: ``(9) Update for 2009.--In lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for 2009, the update to the single conversion factor shall be 1.8 percent.''. SEC. 3. EXTENSION OF THE PHYSICIAN QUALITY REPORTING SYSTEM. (a) System.--Section 1848(k)(2)(B) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)(B)), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in the heading, by striking ``and 2009'' and inserting ``, 2009, and 2010''; (2) in clause (i), by striking ``and 2009'' and inserting ``, 2009, and 2010''; and (3) in each of clauses (ii) and (iii)-- (A) by striking ``and 2008'' and inserting ``, 2008, and 2009''; and (B) by striking ``or 2009'' and inserting ``, 2009, or 2010''. (b) Reporting.--Section 101(c) of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395w-4 note), as amended by section 101 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in the heading, by striking ``and 2008'' and inserting ``, 2008, and 2009''; and (2) in paragraph (6)(C)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) for 2009, all of 2009.''. SEC. 4. EXTENSION OF MEDICARE INCENTIVE PAYMENT PROGRAM FOR PHYSICIAN SCARCITY AREAS. Section 1833(u) of the Social Security Act (42 U.S.C. 1395l(u)), as amended by section 102 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in paragraph (1), by striking ``July 1, 2008'' and inserting ``January 1, 2010''; and (2) in subparagraph (4)(D), by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 5. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC ADJUSTMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)), as amended by section 103 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraphs (B)'' through ``the Secretary'' and inserting ``the succeeding provisions of this paragraph, the Secretary''; and (2) in subparagraph (E), by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 6. EXTENSION OF ACCOMMODATION OF PHYSICIANS ORDERED TO ACTIVE DUTY IN THE ARMED SERVICES. Section 1842(b)(6)(D)(iii) of the Social Security Act (42 U.S.C. 1395u(b)(6)(D)(iii)), as amended by section 116 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended by striking ``July 1, 2008'' and inserting ``January 1, 2010''. SEC. 7. SENSE OF CONGRESS REGARDING FISCAL RESPONSIBILITY. It is the sense of Congress that-- (1) the provisions of, and amendments made by, this Act should be deficit neutral over the 5-year period beginning on October 1, 2008; and (2) Congress should address the challenges facing the Medicare program in a fiscally responsible manner. SEC. 8. SENSE OF CONGRESS REGARDING QUALITY. It is the sense of Congress that-- (1) the Medicare program should provide payments to physicians and other health professionals that serve as positive incentives for participation in voluntary initiatives to improve health care quality; (2) such initiatives should include pay-for-reporting programs, programs to facilitate coordination of care, the use of clinical appropriateness criteria developed by organizations representing physicians and other health care professionals, grants for developing and pilot testing data registry systems, grants for participation in such data registries, and other appropriate initiatives; and (3) financing for such initiatives should be non-punitive and exempt from the Medicare physician fee schedule budget neutrality requirements.

Save Medicare Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Extension Act of 2007, to: (1) increase the Medicare physician payment update for 2009; and (2) extend the physician quality reporting system, the incentive payment program for physician scarcity areas, the floor on the work geographic adjustment to the physician fee schedule, and the accommodation for physicians ordered to active duty in the armed services. Expresses the sense of Congress that: (1) the provisions of, and amendments made by, this Act should be deficit neutral over the five year period beginning on October 1, 2008; and (2) Congress should address the challenges facing the Medicare program in a fiscally responsible manner. Expresses the sense of Congress that: (1) the Medicare program should provide payments to physicians and other health professionals that serve as positive incentives for participation in voluntary initiatives to improve health care quality; and (2) financing for such initiatives should be non-punitive and exempt from the Medicare physician fee schedule budget neutrality requirements.

To amend title XVIII of the Security Act to preserve access to physicians' services under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Look, Listen, and Live Stamp Act''. SEC. 2. SPECIAL POSTAGE STAMPS TO BENEFIT HIGHWAY-RAIL GRADE CROSSING SAFETY. (a) In General.--Chapter 4 of title 39, United States Code, is amended by inserting after section 414 the following: ``Sec. 414a. Special postage stamps for highway-rail grade crossing safety ``(a) In order to afford the public a convenient way to contribute to funding for highway-rail grade crossing safety, the Postal Service shall establish a special rate of postage for first-class mail under this section. ``(b) The rate of postage established under this section-- ``(1) shall be equal to the regular first-class rate of postage, plus a differential of not to exceed 25 percent; ``(2) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under chapter 36); and ``(3) shall be offered as an alternative to the regular first-class rate of postage. ``(c) The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. ``(d)(1) Amounts becoming available for highway-rail grade crossing safety under this section shall be paid by the Postal Service to the Department of Transportation for Operation Lifesaver. Payments under this section shall be made under such arrangements as the Postal Service shall by mutual agreement with the Department of Transportation establish in order to carry out the purposes of this section, except that, under those arrangements, payments to the Department of Transportation shall be made at least twice a year. ``(2) For purposes of this section, the term `amounts becoming available for highway-rail grade crossing safety under this section' means-- ``(A) the total amounts received by the Postal Service that the Postal Service would not have received but for the enactment of this section, reduced by ``(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that it shall prescribe. ``(e) It is the sense of Congress that nothing in this section should-- ``(1) directly or indirectly cause a net decrease in total funds received by the Department of Transportation for Operation Lifesaver below the level that would otherwise have been received but for the enactment of this section; or ``(2) affect regular first-class rates of postage or any other regular rates of postage. ``(f) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of the enactment of this section. ``(g) The Postmaster General shall include in each report rendered under section 2402 with respect to any period during any portion of which this section is in effect information, concerning the operation of this section, except that, at a minimum, each report shall include-- ``(1) the total amount described in subsection (d)(2)(A) which was received by the Postal Service during the period covered by such report; and ``(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (d)(2)(B). ``(h) This section shall cease to be effective at the end of the 2- year period beginning on the date on which special postage stamps under this section are first made available to the public.''. (b) Report by the Comptroller General of the United States.--Not later than 3 months (but not earlier than 6 months) before the end of the 2-year period referred to in section 414a(h) of title 39, United States Code (as amended by subsection (a)), the Comptroller General of the United States shall submit to Congress a report on the operation of such section. Such report shall include-- (1) an evaluation of the effectiveness and the appropriateness of the authority provided by such section as a means of fundraising; and (2) a description of the monetary and other resources required of the Postal Service in carrying out such section. (c) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 4 of title 39, United States Code, is amended by striking the item relating to section 414 and inserting the following: ``414. Special postage stamps for breast cancer research. ``414a. Special postage stamps for highway-rail grade crossing safety.''. (2) Section heading.--The heading for section 414 of title 39, United States Code, is amended to read as follows: ``Sec. 414. Special postage stamps for breast cancer research''.

Declares the sense of Congress that nothing in this Act should: (1) directly or indirectly cause a net decrease in total funds received by the Department of Transportation for Operation Lifesaver below the level that would otherwise have been received but for enactment of this Act; or (2) affect regular first-class rates of postage or any other regular rates of postage. Requires the Comptroller General to report to Congress: (1) an evaluation of the effectiveness and the appropriateness of the authority provided by this Act as a means of fundraising; and (2) a description of the monetary and other resources required of the Postal Service in carrying it out.

Look, Listen, and Live Stamp Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Politics Out of Federal Contracting Act of 2011''. SEC. 2. PROHIBITION ON CERTAIN USES OF POLITICAL INFORMATION. (a) In General.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4712. Prohibition on certain uses of political information ``(a) Prohibition on Requiring Submission of Political Information.--The head of an executive agency may not require a contractor to submit political information related to the contractor or a subcontractor at any tier, or any partner, officer, director, or employee of the contractor or subcontractor-- ``(1) as part of a solicitation, request for bid, request for proposal, or any other form of communication designed to solicit offers in connection with the award of a contract for procurement of property or services; ``(2) during the course of contract performance as part of the process associated with modifying a contract or exercising a contract option; or ``(3) any time prior to contract completion and final contract closeout. ``(b) Prohibition on Use of Political Information.--The head of an executive agency may not use political information, whether obtained from a contractor or prospective contractor or from an independent public or nonpublic source, as a factor or consideration in the source selection process used to award a competitive or non-competitive contract at any value or in making any decision associated with the modification of a contract or the exercise of a contract option. ``(c) Prohibition on Inclusion of Political Information in Contracting Databases.-- ``(1) In general.--Except as provided under paragraph (2), an executive agency may not include political information in the contracting past performance database or any database designed to provide information to a contracting officer for purposes of supporting the responsibility determination by such officer. ``(2) Exception for disclosure of certain violations.-- ``(A) Exception.--Data required as of the date of the enactment of the Keeping Politics Out of Federal Contracting Act of 2011 to be included in the database maintained under section 2313 of this title are not subject to the prohibition under paragraph (1). ``(B) Rule of construction.--Notwithstanding subparagraph (A), this paragraph shall not be construed as authorizing the inclusion of political information pursuant to subsection (c)(6) of such section. ``(d) Applicability.--The prohibitions under this section apply to the procurement of commercial items, the procurement of commercial off- the-shelf items, and the non-commercial procurement of supplies, property, services, and manufactured items, irrespective of contract vehicle, including contracts, purchase orders, task or deliver orders under indefinite delivery/indefinite quantity contracts, blanket purchase agreements, and basic ordering agreements. ``(e) Rule of Construction.--Nothing in this section shall be construed as waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving information authorized by law. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given the term in section 131 of this title. ``(2) Contractor.--The term `contractor' includes contractors, bidders, and offerors, and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts. ``(3) Executive agency.--The term `executive agency' has the meaning given the term in section 133 of this title. ``(4) Political information.--The term `political information' means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates or subsidiaries to a candidate or on behalf of a candidate for election for Federal office, to a political committee, to a political party, to a third-party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications, or that is otherwise made with respect to any election for Federal office, party affiliation, and voting history. Each of the terms `contribution', `expenditure', `independent expenditure', `candidate', `election', `electioneering communication', and `Federal office' has the meaning given the term in the Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 41, United States Code, is amended by inserting after the item relating to section 4711 the following new item: ``4712. Prohibition on Certain Uses of Political Information.''

Keeping Politics Out of Federal Contracting Act of 2011 - Prohibits the head of an executive agency from: (1) requiring a contractor to submit political information as part of a soliticitation, request for bid, request for proposal, or any other communiction in connection with the award of a contract for procurement of property or services or during the course of the contract performance until the completion of a contract; (2) using such political information as a factor or consideration in the source selection process used to award a competitive or non-competitive contract; or (3) including such political information in a contracting past performance database. Defines "political information" as information relating to political spending, including any payment for an electioneering communication, by a contractor or persons related to such contractor to a candidate for federal office, a political commitee, a political party, or to a third party entity for political purposes.

To amend title 41, United States Code, to prohibit inserting politics into the Federal acquisition process by prohibiting the submission of political contribution information as a condition of receiving a Federal contract.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nigerian Democracy and Civil Society Empowerment Act of 1999''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--Congress makes the following findings: (1) The rule by successive military regimes in Nigeria has harmed the lives of the people of Nigeria, undermined confidence in the Nigerian economy, damaged relations between Nigeria and the United States, and threatened the political and economic stability of West Africa. (2) The current military regime, under the leadership of Gen. Abdusalami Abubakar, has made significant progress in liberalizing the political environment in Nigeria, including the release of many political prisoners, increased respect for freedom of assembly, expression and association, and the establishment of a timeframe for a transition to civilian rule. (3) Previous military regimes allowed Nigeria to become a haven for international drug trafficking rings and other criminal organizations, although the current government has taken some steps to cooperate with the United States Government in halting such trafficking. (4) Since 1993, the United States and other members of the international community have imposed limited sanctions against Nigeria in response to human rights violations and political repression, although some of these sanctions have been lifted in response to recent political liberalization. (5) Despite the progress made in protecting certain freedoms, numerous decrees are still in force that suspend the constitutional protection of fundamental human rights, allow indefinite detention without charge, and revoke the jurisdiction of civilian courts over executive actions. (6) As a party to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights, and a signatory to the Harare Commonwealth Declaration, Nigeria is obligated to fairly conduct elections that guarantee the free expression of the will of the electors. (7) As the leading military force within the Economic Community of West African States (ECOWAS) peacekeeping force, Nigeria has played a major role in attempting to secure peace in Liberia and Sierra Leone. (8) Despite the optimism expressed by many observers about the progress that has been made in Nigeria, the country's recent history raises serious questions about the potential success of the transition process. In particular, events in the Niger Delta over the New Year underscore the critical need for ongoing monitoring of the situation and indicate that a return by the military to repressive methods is still a possibility. (b) Declaration of Policy.--Congress declares that the United States should encourage political, economic, and legal reforms necessary to ensure rule of law and respect for human rights in Nigeria and support a timely, effective, and sustainable transition to democratic, civilian government in Nigeria. SEC. 3. SENSE OF CONGRESS. (a) International Cooperation.--It is the sense of Congress that the President should actively seek to coordinate with other countries to further-- (1) the United States policy of promoting the rule of law and respect for human rights; and (2) the transition to democratic civilian government. (b) United Nations Human Rights Commission.--It is the sense of Congress that, in light of the importance of Nigeria to the region and the severity of successive military regimes, the President should instruct the United States Representative to the United Nations Commission on Human Rights (UNCHR) to use the voice and vote of the United States at the annual meeting of the Commission-- (1) to condemn human rights abuses in Nigeria, as appropriate, while recognizing the progress that has been made; and (2) to press for the continued renewal of the mandate of, and continued access to Nigeria for, the special rapporteur on Nigeria. SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN NIGERIA. (a) Development Assistance.-- (1) In general.--Of the amounts made available for fiscal years 2000, 2001, and 2002 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), not less than $10,000,000 for fiscal year 2000, not less than $12,000,000 for fiscal year 2001, and not less than $15,000,000 for fiscal year 2002 should be available for assistance described in paragraph (2) for Nigeria. (2) Assistance described.-- (A) In general.--The assistance described in this paragraph is assistance provided to nongovernmental organizations for the purpose of promoting democracy, good governance, and the rule of law in Nigeria. (B) Additional requirement.--In providing assistance under this subsection, the Administrator of the United States Agency for International Development shall ensure that nongovernmental organizations receiving such assistance represent a broad cross- section of society in Nigeria and seek to promote democracy, human rights, and accountable government. (3) Grants for promotion of human rights.--Of the amounts made available for fiscal years 2000, 2001, and 2002 under paragraph (1), not less than $500,000 for each such fiscal year should be available to the United States Agency for International Development for the purpose of providing grants of not more than $25,000 each to support individuals or nongovernmental organizations that seek to promote, directly or indirectly, the advancement of human rights in Nigeria. (b) USIA Information Assistance.--Of the amounts made available for fiscal years 2000, 2001, and 2002 under subsection (a)(1), not less than $1,000,000 for fiscal year 2000, $1,500,000 for fiscal year 2001, and $2,000,000 for fiscal year 2002 should be made available to the United States Information Agency for the purpose of supporting its activities in Nigeria, including the promotion of greater awareness among Nigerians of constitutional democracy, the rule of law, and respect for human rights. (c) Staff Levels and Assignments of United States Personnel in Nigeria.-- (1) Finding.--Congress finds that staff levels at the office of the United States Agency for International Development in Lagos, Nigeria, are inadequate. (2) Sense of congress.--It is the sense of Congress that the Administrator of the United States Agency for International Development should-- (A) increase the number of United States personnel at such Agency's office in Lagos, Nigeria, from within the current, overall staff resources of such Agency in order for such office to be sufficiently staffed to carry out subsection (a); and (B) consider placement of personnel elsewhere in Nigeria. SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE GOVERNMENT OF NIGERIA; PROHIBITION ON MILITARY ASSISTANCE FOR NIGERIA; REQUIREMENT TO OPPOSE MULTILATERAL ASSISTANCE FOR NIGERIA. (a) Prohibition on Economic Assistance.-- (1) In general.--Economic assistance (including funds previously appropriated for economic assistance) shall not be provided to the Government of Nigeria. (2) Economic assistance defined.--As used in this subsection, the term ``economic assistance''-- (A) means-- (i) any assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and any assistance under chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.) (relating to economic support fund); and (ii) any financing by the Export-Import Bank of the United States, financing and assistance by the Overseas Private Investment Corporation, and assistance by the Trade and Development Agency; and (B) does not include disaster relief assistance, refugee assistance, or narcotics control assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.). (b) Prohibition on Military Assistance or Arms Transfers.-- (1) In general.--Military assistance (including funds previously appropriated for military assistance) or arms transfers shall not be provided to Nigeria. (2) Military assistance or arms transfers.--The term ``military assistance or arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act (22 U.S.C. 2321j); (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training); (C) assistance under the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763); or (D) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including defense articles and defense services licensed or approved for export under section 38 of that Act (22 U.S.C. 2778). (c) Requirement To Oppose Multilateral Assistance.-- (1) In general.--The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in paragraph (2) to use the voice and vote of the United States to oppose any assistance to the Government of Nigeria. (2) International financial institutions described.--The international financial institutions described in this paragraph are the African Development Bank, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the International Monetary Fund. SEC. 6. SENSE OF CONGRESS REGARDING ADMISSION INTO THE UNITED STATES OF CERTAIN NIGERIAN NATIONALS. It is the sense of Congress that unless the President determines and certifies to the appropriate congressional committees by July 1, 1999, that a democratic transition to civilian rule has taken place in Nigeria, the Secretary of State should deny a visa to any alien who is a senior member of the Nigerian government or a military officer currently in the armed forces of Nigeria. SEC. 7. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN REQUIREMENTS MET. (a) In General.--The President may waive any of the prohibitions contained in section 5 or 6 for any fiscal year if the President makes a determination under subsection (b) for that fiscal year and transmits a notification to Congress of that determination under subsection (c). (b) Presidential Determination Required.--A determination under this subsection is a determination that-- (1) the Government of Nigeria-- (A) is not harassing or imprisoning human rights and democracy advocates and individuals for expressing their political views; (B) has implemented the transition program announced in July 1998; (C) is respecting freedom of speech, assembly, and the media, including cessation of harassment of journalists; (D) has released the remaining individuals who have been imprisoned without due process or for political reasons; (E) is continuing to provide access for independent international human rights monitors; (F) has repealed all decrees and laws that-- (i) grant undue powers to the military; (ii) suspend the constitutional protection of fundamental human rights; (iii) allow indefinite detention without charge, including the State of Security (Detention of Persons) Decree No. 2 of 1984; or (iv) create special tribunals that do not respect international standards of due process; and (G) has ensured that the policing of the oil producing communities is carried out without excessive use of force or systematic and widespread human rights violations against the civilian population of the area; or (2) it is in the national interests of the United States to waive the prohibition in section 5 or 6, as the case may be. (c) Congressional Notification.--Notification under this subsection is written notification of the determination of the President under subsection (b) provided to the appropriate congressional committees not less than 15 days in advance of any waiver of any prohibition in section 5 or 6, subject to the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). SEC. 8. REPORT OF CORRUPTION IN NIGERIA. Not later than 3 months after the date of the enactment of this Act, and annually for the next 5 years thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees, and make available to the public, a report on corruption in Nigeria. This report shall include-- (1) evidence of corruption by government officials in Nigeria; (2) the impact of corruption on the delivery of government services in Nigeria; (3) the impact of corruption on United States business interests in Nigeria; (4) the impact of advance fee fraud, and other fraudulent business schemes originating in Nigeria, on United States citizens; and (5) the impact of corruption on Nigeria's foreign policy. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. Except as provided in section 6, in this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on International Relations of the House of Representatives; (2) the Committee on Foreign Relations of the Senate; and (3) the Committees on Appropriations of the House of Representatives and the Senate. SEC. 10. TERMINATION DATE. The provisions of this Act shall terminate on September 30, 2004.

(Sec. 4) Earmarks specified development assistance funds for FY 2000 through 2002 to: (1) nongovernmental organizations to promote democracy, good governance, and the rule of law in Nigeria; (2) the U.S. Agency for International Development (AID) to provide grants to support individuals or nongovernmental organizations that seek to promote, directly or indirectly, the advancement of human rights there; and (3) the U.S. Information Agency, to support its activities in Nigeria, including the promotion of greater awareness among Nigerians of constitutional democracy, the rule of law, and respect for human rights. Expresses the sense of the Congress that the Administrator of AID should: (1) increase the number of U.S. personnel at its office in Lagos, Nigeria, from within its current, overall staff resources; and (2) consider placement of personnel elsewhere in Nigeria. (Sec. 5) Prohibits economic and military assistance or arms transfers to the Government of Nigeria. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to use the U.S. vote to oppose any multilateral assistance to the Government of Nigeria. (Sec. 6) Expresses the sense of the Congress that unless the President determines and certifies to the appropriate congressional committees by July 1, 1999, that a democratic transition to civilian rule has taken place in Nigeria, the Secretary of State should deny a visa to any alien who is a senior member of the Nigerian government or a military officer currently in the Nigerian armed forces. (Sec. 7) Authorizes the President to waive any prohibition contained in this Act, provided the President makes a certain determination, and notifies the Congress, regarding Nigeria's human rights record and progress toward democracy. (Sec. 8) Directs the Secretary of State to report annually to the appropriate congressional committees on governmental corruption in Nigeria. (Sec. 10) Sunsets the provisions of this Act on September 30, 2004.

Nigerian Democracy and Civil Society Empowerment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Paperwork Reduction Act of 2002''. SEC. 2. STRATEGIC PROPOSALS TO REDUCE THE PAPERWORK BURDEN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that details such regulatory proposals as the Secretary deems advisable for reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and reducing the non-instructional time spent by teachers in order to comply with the requirements of the Individuals with Disabilities Education Act. SEC. 3. SIMPLIFIED AND STREAMLINED NOTICES. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Education shall identify, develop, and disseminate simplified and streamlined model documents for individualized education programs (IEPs), procedural safeguards notices, and prior written notice reporting requirements incorporating relevant Federal statutory and regulatory requirements under the Individuals with Disabilities Education Act. (b) Dissemination and Training.--In carrying out subsection (a), the Secretary shall disseminate and provide training and technical assistance on the model IEPs, procedural safeguard notices, and prior written notice reporting requirements to all State and local educational agencies, parent training centers, and other appropriate entities. SEC. 4. 3-YEAR INDIVIDUALIZED EDUCATION PROGRAMS. Notwithstanding part B of the Individuals with Disabilities Education Act, a State that receives funds under part B of that Act may permit local educational agencies in the State, with the informed, written consent of the parents of a child with a disability, to carry out the following: (1) Develop a 3-year IEP (in lieu of an annual IEP) for the child, with IEP goals coinciding with natural transition points for the child, including annual goals for measuring progress that are tied to the general education curriculum content standards as well as other annual goals, such as life skills, self-advocacy, social skills, desired post-school outcomes, and other goals deemed appropriate for the child by the IEP Team. (2) Comprehensively review and revise the IEP consistent with applicable provisions of law, but at natural transition points for the child as opposed to annually. (3) Provide for a streamlined annual IEP review meeting focusing on the child's current levels of performance and progress toward meeting the measurable annual goals, and, based on that review, determine if any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP. (4) Consistent with the performance-reporting requirements under the Individuals with Disabilities Education Act-- (A) regularly inform the parents of the child of the extent to which their child is progressing toward meeting the goals of the IEP (including measurable annual goals and 3-year IEP goals coinciding with natural transition points for the child); and (B) inform the parents of the extent to which that progress is sufficient to enable the child to achieve the measurable annual goals by the end of the school year, as well as the 3-year IEP goals coinciding with natural transition points for the child. (5) If the child is making sufficient progress toward meeting each of the measurable annual goals of the IEP by the end of the school year and such progress continues to be deemed sufficient to enable the child to attain the 3-year IEP goals coinciding with natural transition points for the child, the IEP Team shall not be required to conduct a comprehensive annual review and revision of the IEP but shall instead conduct a streamlined annual IEP review process in intervening years between natural transition points (at which time the comprehensive review would be required), unless the child's parents or teacher request a more comprehensive review and revision of the IEP. (6) If the child is not making sufficient progress toward attaining each of the measurable annual goals of the IEP by the end of the school year and such lack of progress is deemed insufficient to enable the child to attain the 3-year IEP goals coinciding with natural transition points for the child, an IEP review meeting shall take place to determine if any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP. SEC. 5. PAPERWORK REDUCTION DEMONSTRATION PROGRAM. (a) Pilot Program.--The Secretary is authorized to grant waivers of paperwork requirements under the Individuals with Disabilities Education Act for a period of time not to exceed 4 years with respect to not more than 10 States based on proposals submitted by States for addressing reduction of paperwork and non-instructional time spent fulfilling statutory and regulatory requirements. (b) Report.--The Secretary shall include in the annual report of the Department of Education (required to be transmitted to Congress under section 426 of the Department of Education Organization Act) information related to the effectiveness of waivers granted under subsection (a)-- (1) in reducing the paperwork burden on teachers, administrators, and related services providers under the Individuals with Disabilities Education Act, and non- instructional time spent by teachers in compliance of the requirements of the Individuals with Disabilities Education Act, including any specific recommendations for broader implementation; and (2) in enhancing longer term educational planning, improving positive outcomes for children with disabilities, promoting collaboration between IEP Team members, and ensuring satisfaction of family members, including any specific recommendations for broader implementation. SEC. 6. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Individualized Education Programs.-- (1) Definitions.--Section 614(d)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)) is amended-- (A) in subparagraph (B), by striking clause (ii) and inserting the following: ``(ii) a regular education teacher of such child (if the child is, or may be, participating the majority of the school day in the regular education environment), but such teacher shall not be required to attend a meeting or part of a meeting of the IEP Team involving issues not related to the child's participation in regular education, nor shall multiple regular education teachers, if the child has more than one regular education teacher, be required to attend a meeting, or part of a meeting, of the IEP Team;''; and (B) by adding at the end the following: ``(C) LEA discretion.--(i)(I) The local educational agency shall have the discretion to determine whether any member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when, under the circumstances, the attendance of the member is not necessary. An IEP Team may obtain input prior to an IEP meeting from any member whose attendance at such meeting is not necessary as determined under the preceding sentence. ``(II) The local educational agency shall provide notice to the parent of the child with a disability that an IEP Team member will not attend an IEP meeting as determined under subclause (I). ``(III) If the parent of the child with a disability disagrees with the determination of the local educational agency under subclause (I) that an IEP Team member will not attend an IEP meeting, the parent may request that the IEP Team member attend the IEP meeting. ``(ii) An IEP meeting at which the attendance of a regular education teacher of a child with a disability is necessary, or at which such attendance has been requested by the child's parents, shall not be scheduled at a time that would require the absence of the regular education teacher from the classroom during instructional time.''. (2) Development of iep.--Section 614(d)(3) of such Act (20 U.S.C. 1414(d)(3)) is amended by adding at the end the following: ``(D) Waiver of meeting.--In making changes to a child's IEP, the parent of a child with a disability and the local education agency may waive the need for an IEP meeting and instead develop a written document to amend or modify an existing IEP. ``(E) Consolidation and alternative means regarding meetings.--To the extent possible, the local educational agency shall encourage consolidation of IEP Team meetings for each child and shall permit all participants in IEP Team meetings to use alternative means of participating, such as video conferencing and conference calls.''. (3) Review and revision of iep.--Section 614(d)(4)(B) of such Act (20 U.S.C. 1414(d)(4)(B)) is amended by inserting before the period at the end the following: ``through consultation or through attendance at IEP Team meetings when it would not result in absence from the classroom during instructional time''. (b) Construction.--Section 614(e) of such Act (20 U.S.C. 1414(e)) is amended by adding at the end the following: ``Nothing in this section shall be construed to require that additional information be included in a child's IEP beyond what is explicitly required in this section.''. (c) Procedural Safeguards Notice.--Section 615(d)(1) of such Act (20 U.S.C. 1415(d)(1)) is amended by striking subparagraphs (B) and (C) and inserting the following: ``(B) at the time services are initially provided; ``(C) upon registration of a complaint under subsection (b)(6) of this section; and ``(D) upon request by a parent.''. SEC. 7. DEFINITIONS. In this Act: (1) Child with a disability.--The term ``child with a disability'' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act. (2) IEP team.--The term ``IEP Team'' has the meaning given the term in section 614(d)(1)(B) of the Individuals with Disabilities Education Act. (3) Individualized education program.--The term ``individualized education program'' or ``IEP'' has the meaning such term has in section 602 of the Individuals with Disabilities Education Act. (4) Natural transition points.--The term ``natural transition points'' means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to high school grades, and from high school grades to postschool activities, but in no case longer than 3 years. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

IDEA Paperwork Reduction Act of 2002 - Directs the Secretary of Education to report to specified congressional committees, with respect to the Individuals with Disabilities Act (IDEA), on advisable regulatory proposals to reduce: (1) the IDEA paperwork burden on teachers, administrators, and related services providers; and (2) the non-instructional time spent by teachers to comply with IDEA requirements.Directs the Secretary to: (1) identify, develop, and disseminate simplified and streamlined model documents for individualized education programs (IEPs), procedural safeguards notices, and prior written notice reporting requirements incorporating relevant Federal statutory and regulatory requirements under IDEA; and (2) disseminate and provide training and technical assistance on such model IEPs, notices, and requirements to all State and local educational agencies (LEAs), parent training centers, and other appropriate entities.Allows States receiving funds under IDEA part B to permit LEAs to develop a three-year IEP (instead of an annual IEP) with goals coinciding with natural transition points for the child and including certain annual goals, with parents' informed consent, for each child with a disability.Authorizes the Secretary to carry out a demonstration program of granting waivers of IDEA paperwork requirements for up to four years for up to ten States, based on State proposals for addressing reduction of paperwork and non-instructional time spent fulfilling statutory and regulatory requirements. Requires the annual report of the Department of Education to Congress to include information on the efficacy and promise of such waivers.Amends IDEA to provide for flexibility with respect to IEP meetings, by allowing: (1) regular education teachers to be excused from attendance under certain circumstances; and (2) LEA discretion in requiring IEP team member attendance and in waiving, consolidating, or developing alternatives to certain meetings, with parental agreement. Limits certain IEP information to what is specifically required. Revises requirements for procedural safeguard notices.

To provide relief to teachers, administrators, and related services providers from an excessive paperwork burden, and to reduce time spent by teachers on non-instructional activities, as required under the Individuals with Disabilities Education Act.

SECTION 1. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. BENEFITS FOR THE CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA. (a) Short Title.--This section may be cited as the ``Agent Orange Benefits Act of 1996''. (b) Establishment of New Chapter 18.--Part II is amended by inserting after chapter 17 the following new chapter: ``CHAPTER 18--BENEFITS FOR THE CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA ``Sec. ``1801. Purpose. ``1802. Definitions. ``1803. Health care. ``1804. Vocational training. ``1805. Monetary allowance. ``Sec. 1801. Purpose ``The purpose of this chapter is to provide for the special needs of certain children of Vietnam veterans who were born with the birth defect spina bifida, possibly as the result of the exposure of one or both parents to herbicides during active service in the Republic of Vietnam during the Vietnam era, through the provision of health care, vocational training, and monetary benefits. ``Sec. 1802. Definitions ``For the purposes of this chapter: ``(1) The term `child' means a natural child of a Vietnam veteran, regardless of age or marital status, who was conceived after the date on which the veteran first entered the Republic of Vietnam during the Vietnam era. ``(2) The term `Vietnam veteran' means a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the Vietnam era. ``(3) the term `spina bifida' means all forms of spina bifida other than spina bifida occulta. ``Sec. 1803. Health care ``(a) In accordance with regulations the Secretary shall prescribe, the Secretary shall provide such health care under this chapter as the Secretary determines is needed to a child of a Vietnam veteran who is suffering from spina bifida, for any disability associated with such condition. ``(b) The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider. ``(c) For the purposes of this section: ``(1) The term `health care' means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care, and includes the training of appropriate members of a child's family or household in the care of the child and provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care authorized under this section, and other materials as the Secretary determines to be necessary. ``(2) The term `health care provider' includes, but is not limited to, specialized spina bifida clinics, healthcare plans, insurers, organizations, institutions, or any other entity or individual who furnishes health care services that the Secretary determines are covered under this section. ``(3) The term `home care' means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual's home or other place of residence. ``(4) The term `hospital care' means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. ``(5) The term `nursing home care' means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. ``(6) The term `outpatient care' means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. ``(7) The term `preventive care' means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines are necessary to provide effective and economical preventive health care. ``(8) The term `habilitative and rehabilitative care' means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent, the functioning of a disabled person. ``(9) The term `respite care' means care furnished on an intermittent basis in a Department facility for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence. ``Sec. 1804. Vocational training ``(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. ``(b)(1) If a child elects to pursue a program of vocational training under this section, the program shall be designed in consultation with the child in order to meet the child's individual needs and shall be set forth in an individualized written plan of vocational rehabilitation. ``(2)(A) Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment. ``(B) A vocational training program under this subsection-- ``(i) may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the child, the Secretary grants an extension for a period not to exceed 24 months; ``(ii) may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment; and ``(iii) may include a program of education at an institution of higher learning only in a case in which the Secretary determines that the program involved is predominantly vocational in content. ``(c)(1) A child who is pursuing a program of vocational training under this section who is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive assistance. ``(2) The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof). ``Sec. 1805. Monetary allowance ``(a) The Secretary shall pay a monthly allowance under this chapter to any child of a Vietnam veteran for disability resulting from spina bifida suffered by such child. ``(b) The amount of the allowance paid under this section shall be based on the degree of disability suffered by a child as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe. The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based. The allowance shall be ($200) per month for the lowest level of disability prescribed, ($700) per month for the intermediate level of disability prescribed, and ($1,200) per month for the highest level of disability prescribed. ``(c)(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each rate of allowance under this section, as such rates were in effect immediately prior to the date of such increase in benefits payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. ``(2) Whenever there is an increase in the rates of the allowance payable under this section, the Secretary shall publish such rates in the Federal Register. ``(3) Whenever such rates are so increased, the Secretary may round such rates in such manner as the Secretary considers equitable and appropriate for ease of administration. ``(d) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of such child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall such receipt impair, infringe, or otherwise affect the right of any individual to receive any benefit to which he or she is entitled under any law administered by the Secretary that is based on the child's relationship to such individual. ``(e) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program.''. (b) Effective Date.--The amendments made by this section shall become effective on October 1, 1996. (c) Clerical Amendment.--The tables of chapters before part I and at the beginning of part II are each amended by inserting after the item referring to chapter 17 the following new item: ``18. Benefits for children of Vietnam veterans who are born 1801''. with spina bifida. SEC. 3. CLARIFICATION OF ENTITLEMENT FOR BENEFITS FOR DISABILITY RESULTING FROM TREATMENT OF VOCATIONAL SERVICES PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS. (a) Section 1151 is amended-- (1) by striking out the first sentence and inserting in lieu thereof the following: ``(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for qualifying additional disability to or death of a veteran in the same manner as if such additional disability or death were service- connected. For purposes of this section, additional disability or death is qualifying only if it was not the result of the veteran's willful misconduct and-- ``(1) it was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, where the additional disability or death proximately resulted-- ``(A) from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or ``(B) from an event not reasonably foreseeable; or ``(2) it was incurred as a proximate result of the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title.''; and (2) in the second sentence-- (A) by redesignating that sentence as subsection (b); (B) by striking out ``, aggravation,'' both places it appears; and (C) by striking out ``sentence'' and substituting in lieu thereof ``subsection''. (b) The amendments made by subsection (a) shall govern all administrative and judicial determinations of eligibility for benefits under section 1151 of title 38, United States Code, made with respect to claims filed on or after the date of enactment of this Act, including those based on original applications and applications seeking to reopen, revise, reconsider, or otherwise readjudicate on any basis claims for benefits under section 1151 of that title or predecessor provisions of law.

Agent Orange Benefits Act of 1996 - Directs the Secretary of Veterans Affairs to provide needed health care to a child of a Vietnam veteran who is suffering from spina bifida, for any associated disability. Authorizes the Secretary to provide such health care directly or by contract or other arrangement with a health care provider. Includes within such care home, hospital, nursing home, outpatient, preventive, and rehabilitative care, case management, respite care, the training of family members in the provision of necessary home care, and necessary pharmaceuticals, supplies, and equipment. Authorizes the Secretary to provide vocational training to such a child if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. Limits such training to 24 months, unless the Secretary determines that an extension is necessary (up to 24 months). Requires a child eligible for more than one assistance program through the Department of Veterans Affairs to elect one program for participation. Directs the Secretary to pay a monetary allowance to any such child for any disability resulting from spina bifida based on the degree of disability. Requires an increase in such disability benefit whenever there is an increase in benefits payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides veterans' disability compensation and dependency and indemnity compensation for the additional disability or death of a veteran which was: (1) not the result of the veteran's own willful misconduct; (2) incurred by care, treatment, or examination furnished to the veteran through the Department; and (3) incurred as a proximate result of such care, treatment, or examination.

Agent Orange Benefits Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Care for Kids Act of 2009''. SEC. 2. GRANTS REGARDING VISION CARE FOR CHILDREN. 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. GRANTS REGARDING VISION CARE FOR CHILDREN. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- ``(1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; ``(2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; and ``(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. ``(b) Criteria and Coordination.-- ``(1) Criteria.--The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- ``(A) governing the operation of the grant program under subsection (a); and ``(B) for the collection of data related to vision assessment and the utilization of follow-up services. ``(2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program) (42 U.S.C. 1396 et seq.), the program under title XXI of such Act (relating to the State children's health insurance program) (42 U.S.C. 1397aa et seq.), and with other Federal or State programs that provide services to children. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- ``(A) information on existing Federal, Federal- State, or State-funded children's vision programs; ``(B) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non- profit entities); ``(C) a plan to determine if a grant eligible child has been identified as provided for in subsection (a); ``(D) a description of how funds will be used to provide items or services, only as a secondary payer for an eligible child; ``(E) an assurance that the State will not eliminate or otherwise reduce vision care benefits for children under the State plan under title XIX of the Social Security Act for purposes of receiving such a grant; and ``(F) an assurance that amounts received under the grant are expended on an eligible child as defined in paragraph (2). ``(2) Eligible child.--For purposes of paragraph (1), the term eligible child means a child that-- ``(A) is not covered under a health insurance policy that provides coverage for vision services; ``(B) is not otherwise eligible to receive coverage of such services under a State plan under title XIX of the Social Security Act, under the program under title XXI of such Act, under any State health care compensation program, or under any other Federal or State health benefits program; and ``(C) is a low income child (as defined by the State). ``(d) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- ``(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; ``(2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and ``(3) such other information as the Secretary may require. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to States submitting applications that provide that services under the grant will be provided to the lowest income children within the State submitting the application. ``(f) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection. ``(g) Matching Funds.-- ``(1) In general.--With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(h) Supplement Not Supplant.--A State that receives a grant under this section shall ensure that amounts received under such grant will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(i) Definition.--For purposes of this section, the term `comprehensive eye examination' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. ``(j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $65,000,000 for the 5-fiscal year period beginning in fiscal year 2009.''.

Vision Care for Kids Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award matching grants to states to complement existing state efforts to: (1) provide comprehensive eye examinations from a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, who do not otherwise have coverage for vision services, and who are low-income children, with priority given to children who are under the age of nine years; (2) provide treatment or services as necessary to correct identified vision problems; and (3) develop and disseminate to parents, teachers, and health care practitioners educational materials on recognizing signs of visual impairment in children. Requires the Secretary to develop criteria: (1) governing the operation of the grant program; and (2) for the collection of data related to vision assessment and the utilization of follow-up services. Requires the Secretary to coordinate the program under this Act with other federal or state programs that provide services to children.

A bill to establish a grant program to provide vision care to children, and for other purposes.

SECTION 1. GRANT OF FEDERAL CHARTER TO MILITARY OFFICERS ASSOCIATION OF AMERICA. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1403 the following new chapter: ``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA ``Sec. ``140401. Organization. ``140402. Purposes. ``140403. Membership. ``140404. Governing body. ``140405. Powers. ``140406. Restrictions. ``140407. Tax-exempt status required as condition of charter. ``140408. Records and inspection. ``140409. Service of process. ``140410. Liability for acts of officers and agents. ``140411. Annual report. ``140412. Definition. ``Sec. 140401. Organization ``(a) Federal Charter.--Military Officers Association of America (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and is organized under the laws of the Commonwealth of Virginia, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire. ``Sec. 140402. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) to inculcate and stimulate love of the United States and the flag; ``(2) to defend the honor, integrity, and supremacy of the Constitution of the United States and the United States Government; ``(3) to advocate military forces adequate to the defense of the United States; ``(4) to foster the integrity and prestige of the Armed Forces; ``(5) to foster fraternal relations between all branches of the various Armed Forces from which members are drawn; ``(6) to further the education of children of members of the Armed Forces; ``(7) to aid members of the Armed Forces and their family members and survivors in every proper and legitimate manner; ``(8) to present and support legislative proposals that provide for the fair and equitable treatment of members of the Armed Forces, including the National Guard and Reserves, military retirees, family members, survivors, and veterans; and ``(9) to encourage recruitment and appointment in the Armed Forces. ``Sec. 140403. Membership ``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 140404. Governing body ``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation and bylaws of the corporation. ``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation and bylaws. ``Sec. 140405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 140406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member of the corporation. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the Commonwealth of Virginia. ``Sec. 140407. Tax-exempt status required as condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 140408. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 140409. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 140410. Liability for acts of officers and agents ``The corporation is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 140411. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document. ``Sec. 140412. Definition ``In this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1403 the following new item: ``1404. Military Officers Association of America... 140401''.

Grants a federal charter to the Military Officers Association of America (a nonprofit corporation and incorporated under the laws of the Commonwealth of Virginia).

To amend title 36, United States Code, to grant a Federal charter to the Military Officers Association of America, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Payment of Health Benefit Claims Act of 2000''. SEC. 2. PROMPT PAYMENT OF HEALTH BENEFIT CLAIMS BY GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to prompt payment of claims.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to prompt payment of claims.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendment made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 3. PROMPT PAYMENT BY MEDICARE+CHOICE ORGANIZATIONS IN ALL LINES OF BUSINESS. (a) In General.--Section 1857(f)(1) of the Social Security Act (42 U.S.C. 1395w-27(f)(1)) is amended by inserting ``and to individuals enrolled with the organization through other lines of business (including private health benefits coverage)'' after ``to enrollees pursuant to the contract''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contract years beginning on or after Janaury 1, 2001.

Amends the PHSA to apply such payment standards to health insurance coverage offered by issuers in the individual market in the same manner as applied to group coverage. Provides for coordination between the Secretaries of Labor, Treasury, and Health and Human Services with respect to the administration of this Act. Amends title XVIII (Medicare) of the SSA to require Medicare+Choice organizations to provide prompt payment of claims submitted for services and supplies furnished to individuals enrolled with such organizations through other lines of business (including private health benefits coverage).

Prompt Payment of Health Benefit Claims Act of 2000

SECTION 1. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS. (a) In General.--Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e)(1) In addition to the authority otherwise provided by this Act, each Inspector General appointed under section 3, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to-- ``(A) carry a firearm while engaged in official duties conducted under this Act or other statute, or as expressly authorized by the Attorney General; ``(B) make an arrest without a warrant while engaged in official duties conducted under this Act or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and ``(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed. ``(2) The Attorney General may authorize exercise of the powers under this subsection only upon an initial determination that-- ``(A) the affected Office of Inspector General is significantly hampered in the performance of responsibilities established by this Act as a result of the lack of such powers; ``(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and ``(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers. ``(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal Deposit Insurance Corporation, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, and Social Security Administration are exempt from the requirement of paragraph (2) of an initial determination of eligibility by the Attorney General. ``(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1). ``(5) Powers authorized for an Office of Inspector General under paragraph (1) shall be rescinded or suspended upon a determination by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized powers by that Office of Inspector General has not complied with the guidelines promulgated by the Attorney General under paragraph (4). ``(6) A determination by the Attorney General under paragraph (2) or (5) shall not be reviewable in or by any court. ``(7) To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the date of enactment of this subsection, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the Attorney General. ``(8) No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation.''. (b) Promulgation of Initial Guidelines.-- (1) Definition.--In this subsection, the term ``memoranda of understanding'' means the agreements between the Department of Justice and the Inspector General offices described under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) that-- (A) are in effect on the date of enactment of this Act; and (B) authorize such offices to exercise authority that is the same or similar to the authority under section 6(e)(1) of such Act. (2) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate guidelines under section 6(e)(4) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) applicable to the Inspector General offices described under section 6(e)(3) of that Act. (3) Minimum requirements.--The guidelines promulgated under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding. (4) No lapse of authority.--The memoranda of understanding in effect on the date of enactment of this Act shall remain in effect until the guidelines promulgated under this subsection take effect. (c) Effective Dates.-- (1) In general.--Subsection (a) shall take effect 180 days after the date of enactment of this Act. (2) Initial guidelines.--Subsection (b) shall take effect on the date of enactment of this Act.

Empowers the Attorney General to authorize the exercise of such powers only upon an initial determination that: (1) the affected Office of Inspector General is significantly hampered in the performance of such responsibilities as a result of the lack of such powers; (2) available assistance from other law enforcement agencies is insufficient to meet the need for exercising such powers; and (3) adequate internal safeguards and management procedures exist to ensure proper exercise of those powers. Exempts specified Offices of Inspector General from such an initial determination of eligibility. Directs such Offices to collectively enter into a memorandum of understanding to establish an external review process for ensuring that such safeguards and procedures continue to exist within each Office and any Office that receives such an authorization.

An original bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish police powers for certain Inspector General agents engaged in official duties and provide an oversight mechanism for the exercise of those powers

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Jobs From Innovative Small Businesses Act of 2015''. SEC. 2. CREDIT FOR INVESTMENTS IN SMALL TECHNOLOGY INNOVATION COMPANIES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. RESEARCH INTENSIVE INVESTMENT TAX CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the research intensive investment tax credit determined under this section for the taxable year is an amount equal to 20 percent of the amount paid by the taxpayer during such year to acquire a qualified equity investment in a qualified research intensive small business concern. ``(b) Maximum Credit.-- ``(1) In general.--The taxpayer's credit determined under this section for the taxable year shall not exceed the excess (if any) of-- ``(A) $100,000, over ``(B) the taxpayer's (and any predecessor's) aggregate credit determined under this section for all prior taxable years. ``(2) Related parties.-- ``(A) In general.--For purposes of paragraph (1), all related persons shall be treated as 1 person, and the dollar amount in paragraph (1)(A) shall be allocated among such persons under regulations prescribed by the Secretary. ``(B) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified equity investment.-- ``(A) In general.--The term `qualified equity investment' means any equity investment in a qualified research intensive small business concern if-- ``(i) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(ii) such investment is designated for purposes of this section by such concern. ``(B) Equity investment.--The term `equity investment' means-- ``(i) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and ``(ii) any capital interest in an entity which is a partnership. ``(C) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(2) Qualified research intensive small business concern.--The term `qualified research intensive small business concern' means, with respect to any taxable year, any small business concern (as defined in section 3 of the Small Business Act) if-- ``(A) such concern employs an average of fewer than 500 employees on business days during such year, and ``(B) at least 50 percent of the gross expenditures of such entity for such year are research or experimental expenditures under section 174. ``(d) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is a research intensive investment tax credit limitation for each calendar year. Such limitation is-- ``(A) $500,000,000 for 2015, ``(B) $750,000,000 for 2016 and 2017, and ``(C) $1,000,000,000 for 2018 and 2019. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified research intensive small business concerns selected by the Secretary. ``(3) Carryover of unused limitation.--If the research intensive investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2023. ``(e) Certain Taxpayers Not Eligible.--No credit shall be determined under this section for any equity investment in any qualified research intensive small business concern made by any individual who, at the time of the investment, is-- ``(1) an employee of such concern, or ``(2) a member of the family (within the meaning of section 267(c)(4)) of an employee of such concern. ``(f) Basis Reduction.--The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment. This subsection shall not apply for purposes of sections 1202, 1400B, and 1400F. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the research intensive investment tax credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Research intensive investment tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2014, in taxable years ending after such date.

Creating Jobs From Innovative Small Businesses Act of 2015 Amends the Internal Revenue Code to allow a general business tax credit of 20% of the amount paid to acquire an equity investment in a qualified research intensive small business concern. Defines "qualified research intensive small business concern" as a small business concern that employs an average of fewer than 500 employees during a year and devotes at least 50% of its gross expenditures to research and experimentation.

Creating Jobs From Innovative Small Businesses Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``California New River Restoration Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) the New River was born out of the Colorado River's occasional flows into the Salton Sink and the erosion of the New River channel which formed the deep river canyon between 1905 and 1907; (2) the New River starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley and drains into the Salton Sea, roughly 66 miles north of the international boundary, and the sub- watershed covers approximately 750 square miles, with 63 percent of that in Mexico and 37 percent in the United States; (3) the New River has been widely recognized for its significant water pollution problems, primarily because of agricultural runoff, raw sewage, pesticides, and discharges of wastes from domestic, agricultural, and industrial sources in Mexico and the Imperial Valley; (4) by the 1980s, the New River acquired the reputation of being one of the most polluted rivers in the United States, with many of the pollutants posing serious human health hazards to local populations, particularly those in Calexico and Mexicali; (5) in 1992, the International Boundary Water Commission's Treaty Minute No. 288 established a sanitation strategy for the New River water quality problems at the international boundary and divided the sanitation projects into two immediate repairs projects, the Mexicali I and the Mexicali II, which totaled about $50 million dollars and were funded by both countries through the North American Development Bank; (6) in 1995, the Environmental Protection Agency provided funds to the California Regional Water Quality Control Board to monitor and document the water quality at the international boundary on a monthly basis; (7) in the late 1990s, the United States and Mexico spent $100 million (45 percent paid by Mexico and 55 percent paid by the United States) to build the Las Arenitas and Zaragoza Wastewater Treatment plants, and untreated New River water passing through four microbial treatment cells at Las Arenitas was then chlorinated and fed into a re-forestation project along the desiccated Rio Hardy which stretches to the Sea of Cortez; (8) a 10-year effort by community groups, lawyers, regulatory agencies, and politicians addressed the problem at the source by federally funding a new sewage treatment plant in Mexicali and developing a site plan for the river on the United States side; (9) in 2009, the State of California required the California-Mexico Border Relations Council to create a strategic plan to study, monitor, remediate, and enhance the New River's water quality to protect human health and develop a river parkway suitable for public use; (10) in 2012, the California-Mexico Border Relations Council approved the strategic plan for the New River Improvement Project prepared by the New River Improvement Project Technical Advisory Committee; (11) in 2016, the New River Improvement Project Technical Advisory Committee revised the recommended infrastructure of the New River Improvement Project, and the State of California appropriated $1.4 million to provide grants or contracts to implement the necessary planning, design, environmental review, and permitting work; (12) the revised New River Improvement Project includes the installation of a large trash screen, a conveyance system, aeration devices, a new pump station and managed wetlands; and (13) the existing and ongoing voluntary conservation efforts at the New River necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Mexican.--The term ``Mexican'' refers to the Federal, State, and local governments of the United Mexican States. (3) New river.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. (4) Program.--The term ``program'' means the California New River restoration program established under section 4. (5) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend. SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``California New River restoration program''. (b) Duties.--In carrying out the program, the Administrator shall-- (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council, and work in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations, to implement restoration and protection activities relating to the New River; (2) undertake activities that-- (A) support the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph (1); (B) target cost-effective projects with measurable results; and (C) maximize conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) provide grants and technical assistance in accordance with section 5. (c) Coordination.--In establishing the program, the Administrator shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Secretary of Homeland Security; (D) the Administrator of General Services; (E) the Commissioner of U.S. Customs and Border Protection; (F) the Commissioner of the International Boundary Water Commission; and (G) the head of any other applicable agency; (2) the Governor of California; (3) the California Environmental Protection Agency; (4) the California State Water Resources Control Board; (5) the California Department of Water Resources; (6) the Colorado River Basin Regional Water Quality Control Board; (7) the Imperial Irrigation District; and (8) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River in both the United States and Mexico. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities, among Mexican, Federal, State, local, and regional entities and conservation partners, relating to the New River; and (2) carrying out coordinated restoration and protection activities, and providing for technical assistance relating to the New River-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat; (E) to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities relating to the New River; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities relating to the New River. SEC. 5. GRANTS AND ASSISTANCE. (a) In General.--In carrying out the program, the Administrator shall provide grants and technical assistance to State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico, to carry out the purposes of the program. (b) Criteria.--The Administrator, in consultation with the organizations described in section 4(c), shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the New River-wide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project for which a grant is provided under this section shall not exceed 55 percent of the total cost of the activity, as determined by the Administrator. (2) Non-federal share.--The non-Federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding.--If the Administrator enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the program; and (C) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this Act. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act and the status of all such projects that are in progress on the date of submission of the report.

California New River Restoration Act of 2017 This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the New River that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. In carrying out the program, the EPA must: (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council; and (2) provide grants and technical assistance for coordinating restoration and protection activities.

California New River Restoration Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Claims Backlog Reduction Act of 2008''. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 3. ASSISTANCE IN PROVIDING NOTICE AND ASSISTANCE TO CLAIMANTS REQUIRED AS A CONDITION OF RECOGNITION AS AGENT OR ATTORNEY. (a) Assistance.--Chapter 59 is amended-- (1) in section 5902(b)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) unless such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary's obligations under sections 5103(a) and 5103A of this title.''; and (2) in section 5903(a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary's obligations under sections 5103(a) and 5103A of this title.''. (b) Training for Recognized Representatives of Organizations.-- Section 5902 is amended by adding at the end the following new subsection: ``(e) The Secretary shall establish a training program to provide training to individuals recognized under this section. Training provided pursuant to this subsection shall include a certification.''. (c) Treatment of Certain Claims.-- (1) In general.--Subchapter I of chapter 51 is amended by adding at the end the following new section: ``Sec. 5109C. Treatment of certain claims ``(a) Treatment of Fully Developed Claims.--In the case of a claim submitted to the Secretary that is certified as fully developed by the veteran submitting the claim and by a representative of an organization recognized under section 5902 of this title who is a graduate of the training academy established under subsection (e) of that section, the Secretary shall consider the claim to be fully developed and shall evaluate the claim based on the evidence provided. ``(b) Presumption Rebuttable.--Where there is affirmative evidence that a claim certified as fully developed under subsection (a) is not fully developed, the Secretary may take such actions with respect to such claim as the Secretary determines are necessary to fully develop the claim.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item: ``5109C. Treatment of certain claims.''. SEC. 4. QUALITY CONTROL ASSESSMENT FOR REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION. (a) Establishment of System.--Chapter 7 is amended by adding at the end the following new section: ``Sec. 713. Veterans Benefits Administration quality control assessment ``(a) Assessment Required.--At least once each fiscal year the Secretary shall conduct a quality control assessment of one percent of the ratings specialists and veterans service representatives employed by the Veterans Benefits Administration. In conducting each such assessment, the Secretary shall study a statistically valid sample of the employee's work and review the quality of that work. ``(b) Annual Report.--Not later than 90 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the assessments conducted under this section during that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Veterans Benefits Administration quality control assessment.''. SEC. 5. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) Electronic Processing of Claims.--Subtitle I of chapter 51, as amended by section 251(c), is further amended by adding at the end the following new section: ``Sec. 5109D. Electronic processing of claims ``(a) System Required.--The Secretary shall carry out a two-year pilot program under which the Secretary shall develop and maintain a system for processing claims for disability compensation under this title using rules-based technology. Such system shall use medical and military service data to generate recommendations with respect to disability ratings. ``(b) Quarterly Reports.--For the period during which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives quarterly reports on the pilot program.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter, as so amended, is further amended by adding at the end the following new item: ``5109D. Electronic processing of claims.''. SEC. 6. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF VETERAN. (a) In General.--Section 5102 is amended by added at the end the following new subsection: ``(d) Treatment of Beneficiaries as Claimants on Death of Veterans.--If a veteran who is a claimant dies before completing the submission of a claim for any benefit under a law administered by the Secretary, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of completing the submission of the claim, except that such person may only submit new evidence in support of the claim during the 60-day period beginning on the death of the veteran.''. (b) Effective Date.--Subsection (d) of section 5102 of title 38, United States Code, shall apply with respect to the claim of any veteran who dies on or after the date of the enactment of this Act. SEC. 7. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION. (a) Evaluation Required.--The Secretary of Veterans Affairs shall enter into a contract with a private entity with experience evaluating quality assurance and benefits programs under which that entity shall-- (1) conduct an evaluation of the items required to be included in the annual report of the Secretary under section 7734 of title 38, United States Code, that were included in the last such report submitted before the date of the enactment of this Act, that relate to the training and performance assessment programs of the Department of Veterans Affairs for employees of the Veterans Benefits Administration who are responsible for matters relating to compensation or pension benefits under the laws administered by the Secretary; and (2) not later than 180 days after the date of the enactment of this Act, submit to the Secretary the results of such evaluation. (b) Submission of Results to Congress.--The Secretary shall include the results of the evaluation required under subsection (a) with the first annual report required to be submitted to Congress under section 529 of title 38, United States Code, submitted after the date on which the Secretary receives such results. (c) Report.--Not later than 180 days after the date on which the Secretary submits the report referred to in subsection (b), the Secretary shall submit to Congress a report on any actions the Secretary has taken or plans to take in response to the results of the evaluation required under subsection (a). SEC. 8. ELECTRONIC MONITORING OF CLAIM STATUS. (a) Mechanism for Electronic Monitoring Required.--Subchapter I of chapter 51 is amended by inserting after section 5101 the following new section: ``Sec. 5101A. Electronic monitoring of claim status ``(a) Monitoring of Claim Status.--The Secretary shall make available, on the Internet website of the Department, a mechanism that can be used by a claimant to check on the status of any claim submitted by that claimant. Such mechanism shall provide to the claimant-- ``(1) if a decision has been reached with respect to such a claim, notice of the decision; or ``(2) if no such decision has been reached, notice of-- ``(A) whether the application submitted by the claimant is complete; ``(B) whether the Secretary requires additional information or evidence to process the claim; ``(C) the estimated date on which a decision with respect to the claim is expected to be made; and ``(D) the stage at which the claim is being processed as of the date on which such status is checked. ``(b) Relationship to Other Notice Requirements.--Monitoring provided pursuant to subsection (a) shall not satisfy the responsibility of the Secretary to provide notice under section 5102, 5103, or 5104 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5101 the following new item: ``5101A. Electronic monitoring of claim status.''. SEC. 9. PILOT PROGRAM ON SUBMITTAL OF CLAIMS TO ANY REGIONAL OFFICE OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program Required.--The Secretary of Veterans Affairs shall carry out a two-year pilot program under which the Secretary shall permit a qualifying veteran filing a claim for benefits under a law administered by the Secretary to submit such claim to any regional office of the Department of Veterans Affairs. The Secretary shall promptly notify each qualifying veteran of the opportunity to participate in the pilot program. (b) Qualifying Veterans.--For the purposes of the pilot program under subsection (a), a qualifying veteran is a veteran who would, except as provided under the pilot program, be required to submit a claim to one of five regional offices of the Department selected by the Secretary based on below average performance. (c) Reports.-- (1) Interim report.--Upon the selection of the Secretary of five regional offices for the purposes of subsection (b), the Secretary shall submit a report to Congress that lists the offices selected and the Secretary's rationale for selecting such offices. (2) Final report.--Not later than 90 days after the completion of the pilot program under subsection (a), the Secretary shall submit to Congress a final report on the pilot program that contains the Secretary's recommendations with respect to the allocation of resources among the regional offices of the Department. SEC. 10. EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM. (a) Fellowship Program.--Chapter 77 of title 38, United States Code is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM ``Sec. 7751. Executive Management Fellowship Program ``(a) Fellowship Program.--There is in the Department an Executive Management Fellowship Program. The purpose of the program shall be to provide eligible employees of the Veterans Benefits Administration with training and experience in the private sector. ``(b) Fellowship.--(1) A fellowship provided under this section is a one-year fellowship during which the eligible employee who is the recipient of the fellowship shall receive training at a private-sector entity that is engaged in the administration and delivery of benefits. ``(2) The Secretary shall enter into such agreements with private- sector entities as are necessary to carry out this section. ``(c) Selection of Recipients.--In August of each year, the Secretary shall select at least six and not more than 10 eligible employees to receive a fellowship under this section. ``(d) Eligible Employees.--(1) For the purposes of this section, an eligible employee is an employee of the Veterans Benefits Administration who-- ``(A) is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS-14 of the General Schedule and not more than the minimum rate of basic pay payable to a member of the Senior Executive Service under section 5382 of title 5, United States Code; ``(B) enters into an agreement with the Secretary under subsection (e); and ``(C) submits to the Secretary an application containing such information and assurances as the Secretary may require. ``(2) For purposes of paragraph (1)(A), the term `basic pay' does not include any comparability payment under section 5304 of such title 5 or any other similar payment ``(e) Agreements.--An agreement between the Secretary and a recipient of a fellowship shall be in writing, shall be signed by the recipient, and shall include the following provisions: ``(1) The Secretary's agreement-- ``(A) to provide the recipient with a fellowship under this section; and ``(B) to afford the participant the opportunity for employment in the Veterans Benefits Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with section 7402 of this title). ``(2) The recipient's agreement-- ``(A) to accept the fellowship; ``(B) after completion of the fellowship, to serve as a full-time employee in the Veterans Benefits Administration for at least two years as specified in the agreement; and ``(C) that, during the two-year period beginning on the last day of the fellowship, the recipient will not accept employment in the same industry as the industry of the private entity at which the recipient accepts the fellowship. ``(3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the recipient which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. ``(4) A statement of the damages to which the United States is entitled under this chapter for the recipient's breach of the agreement. ``(5) Such other terms as the Secretary determines are required to be included in the agreement. ``(f) Treatment of Recipients.--The recipient of a fellowship under this section shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee. ``(g) Report to Congress.--Not later than 60 days after completing a fellowship under this section, a recipient shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the fellowship. Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application of industry processes, technologies, and best practices. A report submitted under this subsection shall not be reviewable by the Secretary before being submitted to the Committees.''. (b) Deadline for Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement the Executive Management Fellowship Program required under section 7751 of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``iii--executive management fellowship program ``7751. Executive Management Fellowship Program.''.

Veteran Claims Backlog Reduction Act of 2008 - Requires that, in order to be recognized as an agent or attorney of a veteran in the preparation, presentation, and prosecution of veterans' benefit claims, an individual must certify to the Secretary of Veterans Affairs that he or she will assist the Secretary with the Secretary's duties to notify claimants of required claim information and evidence and to assist claimants in obtaining evidence. Directs the Secretary to establish a training program to provide training to individuals recognized as veterans' agents, attorneys, or representatives. Requires a claim certified as fully developed and submitted by a veteran and a recognized agent, attorney, or representative who is a training graduate to be considered as fully developed and evaluated on the evidence provided. Directs the Secretary to: (1) at least once every fiscal year, conduct a quality control assessment of 1% of the ratings specialists and veterans service representatives employed by the Veterans Benefits Administration (VBA) of the Department of Veterans Affairs (VA); (2) carry out a pilot program to develop and maintain a system for processing disability compensation claims using rules-based technology; (3) treat a veteran's beneficiary as a veteran claimant for incomplete claims as of the veteran's death; (4) evaluate training and assessment programs for VBA employees; (5) allow for the electronic monitoring of a veteran's claim status; and (6) carry out a pilot program allowing a veteran to submit a claim to any VA regional office. Establishes in the VA an Executive Management Fellowship Program to provide private sector claims processing training and experience for VBA employees.

To amend title 38, United States Code, to make certain improvements in the claims processing of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pullman Historic Site National Park Service Study Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The Historic Pullman District, built between the years of 1880 and 1884, was established by George M. Pullman, owner of the Pullman Palace Car Company. Pullman envisioned an industrial town that provided employees with a model community and suitable living conditions for workers and their families. The town, which consisted of over 1,000 buildings and homes, was awarded ``The World's Most Perfect Town'' at the International Hygienic and Pharmaceutical Exposition in 1896. (2) The Pullman factory site is a true symbol of the historic American struggle to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States. In the midst of economic depression in 1894, factory workers there initiated a strike to protest unsafe labor and reductions in pay that when taken up as a cause by the American Railway Union (ARU) crippled the entire rail industry. The Pullman conceived strike continued even in the face of a federal injunction and Federal troops were sent to Chicago by President Grover Cleveland to end the strike. Efforts made by the Pullman workers set a national example for the ability of working Americans to change the existing system in favor of more just practices. (3) The Pullman Car Company plays an important role in both American, African American and early Civil Rights History through the legacy of the Pullman Porters, all black and many ex-slaves receiving paid work in a heavily discriminatory environment immediately following the Civil War. These men, who served diligently between the 1870s and the 1960s, have been commended for their level of service and attention to detail, as well as their contributions to the development of the black middle class. The information, ideas, and commerce they carried across the country helped to bring education and wealth to the black community, and their role in the historical image of the Pullman car is unmistakable. The struggles of A. Philip Randolph and the Brotherhood of Sleeping Car Porters, the first black union established in 1925, against discrimination and in support of just labor practices, helped lay the groundwork for the beginnings of the Civil Rights Movement. (4) The preservation of Pullman has been threatened by plans for demolition in 1960 and by a fire in 1998, which damaged the iconic clock-tower and surrounding manufacturing buildings. The restoration and preservation led by the diligent efforts of community organizations, foundations, non-profits, residents and the local and state government, were vital to the protection of the site. (5) Due to the Pullman's historic and architectural significance, the site is designated as-- (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark district. SEC. 3. SPECIAL RESOURCE STUDY. (a) Study.--The Secretary of the Interior shall conduct a special resource study of the historic Pullman site in Chicago, Illinois. (b) Contents.--In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the site; (2) determine the suitability and feasibility of designating the site as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; (5) consider the appropriate management options needed to ensure the protection, preservation, and interpretation of the site; and (6) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with section 8 of National Park Service General Authorities Act (16 U.S.C. 1a-5). (d) Report.--Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.

Pullman Historic Site National Park Service Study Act - Directs the Secretary of the Interior to conduct a special resource study of the historic Pullman site in Chicago, Illinois, which was the site of an industrial town built between 1880-1884 to provide Pullman Palace Car Company employees and their families with a model community and suitable living conditions, as well as the site of the Pullman Strike of 1894. Requires the Secretary to evaluate the national significance of such site and to determine the suitability and feasibility of designating it as a unit of the National Park System.

To authorize the Secretary of the Interior to conduct a special resource study of the Pullman Historic Site in Chicago, Illinois, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Stimulus Tax Cut Act of 2001''. SEC. 2. REFUND OF INDIVIDUAL INCOME AND EMPLOYMENT TAXES. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6428. REFUND OF INDIVIDUAL INCOME AND EMPLOYMENT TAXES. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for any taxable year beginning in 2001, in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for the taxpayer's last taxable year beginning in calendar year 2000, or ``(2) the taxpayer's applicable amount. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for the taxable year shall be the sum of-- ``(1) the excess (if any) of-- ``(A) the sum of-- ``(i) the taxpayer's regular tax liability (within the meaning of section 26(b)) for the taxable year, and ``(ii) the tax imposed by section 55(a) with respect to such taxpayer for the taxable year, over ``(B) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than sections 31, 33, and 34) for the taxable year, and ``(2) the taxes imposed by sections 1401, 3101, 3111, 3201(a), 3211(a)(1), and 3221(a) on amounts received by the taxpayer for the taxable year. ``(c) Applicable Amount.--For purposes of this section-- ``(1) In general.--The applicable amount for any taxpayer shall be determined under the following table: The applicable ``In the case of a taxpayer amount is: described in: Section 1(a).................................. $600 Section 1(b).................................. $450 Section 1(c).................................. $300 Section 1(d).................................. $300 Paragraph (2)................................. $300. ``(2) Taxpayers with only payroll tax liability.--A taxpayer is described in this paragraph if such taxpayer's liability for tax for the taxable year does not include any liability described in subsection (b)(1). ``(d) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on the date of the enactment of this section. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) within 90 days after such date of enactment. ``(3) Claim for nonpayment.--Any taxpayer who erroneously does not receive a payment described in paragraph (1) may make claim for such payment in a manner and at such time as the Secretary prescribes. ``(e) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, ``(2) any estate or trust, or ``(3) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Economic Stimulus Tax Cut Act of 2001''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6428. Refund of individual income and employment taxes.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Rate Reductions After 2000.-- ``(1) New lowest rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2000-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 10 percent (12.5 percent in taxable years beginning in 2001), and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount. ``(B) Initial bracket amount.--For purposes of this subsection, the initial bracket amount is-- ``(i) $12,000 in the case of subsection (a), ``(ii) $10,000 in the case of subsection (b), and ``(iii) \1/2\ the amount applicable under clause (i) in the case of subsections (c) and (d). ``(C) Inflation adjustment.--In prescribing the tables under subsection (f) which apply with respect to taxable years beginning in calendar years after 2001-- ``(i) the Secretary shall make no adjustment to the initial bracket amount for any taxable year beginning before January 1, 2003, ``(ii) the cost-of-living adjustment used in making adjustments to the initial bracket amount for any taxable year beginning after December 31, 2002, shall be determined under subsection (f)(3) by substituting `2001' for `1992' in subparagraph (B) thereof, and ``(iii) such adjustment shall not apply to the amount referred to in subparagraph (B)(iii). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out this subsection.''. (b) Determination of Withholding Tables.--Section 3402(a) of the Internal Revenue Code of 1986 (relating to requirement of withholding) is amended by adding at the following new paragraph: ``(3) Changes made by section 3 of the economic stimulus tax cut act of 2001.--Notwithstanding the provisions of this subsection, the Secretary shall modify the tables and procedures under paragraph (1) to reflect the amendments made by section 3 of the Economic Stimulus Tax Cut Act of 2001, and such modification shall take effect on July 1, 2001, as if the lowest rate of tax under section 1 (as amended by such section 3) was a 10-percent rate effective on such date.''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).''. (2) Section 1(h) of such Code is amended by striking paragraph (13). (3) Section 15 of such Code is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Economic Stimulus Tax Cut Act of 2001.--This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions in 2001).''. (4) Section 3402(p)(2) of such Code is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provision.--The amendments made by subsection (b) and subsection (c)(4) shall apply to amounts paid after June 30, 2001.

Economic Stimulus Tax Cut Act of 2001 - Amends the Internal Revenue Code to treat an eligible taxpayer as having made a payment of the lesser of the prior year's tax liability or a specified applicable amount against individual and employment taxes.Reduces specified individual tax rates.

A bill to amend the Internal Revenue Code of 1986 to provide a refund of individual taxes in 2001 and to establish a 10 percent rate bracket beginning in 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Workforce Development and Modernization Partnership Act''. SEC. 2. AUTHORIZATION. (a) In General.--From amounts made available to carry out this Act, the Secretary of Labor (referred to in this Act as the ``Secretary''), in consultation with the Secretary of Commerce and the Secretary of Education, shall award grants on a competitive basis to eligible entities described in subsection (b) to assist each entity to-- (1) help workers improve those job skills that are necessary for employment by businesses in the industry with respect to which the entity was established; (2) help dislocated workers find employment; and (3) upgrade the operating and competitive capacities of businesses that are members of the entity. (b) Eligible Entities.--An eligible entity described in this subsection is a consortium (either established prior to the date of enactment of this Act or established specifically to carry out programs under this Act) that-- (1) shall include-- (A) 2 or more businesses (or nonprofit organizations representing businesses) that are facing similar workforce development or business modernization challenges; (B) labor organizations, if the businesses described in subparagraph (A) employ workers who are covered by collective bargaining agreements; and (C) 1 or more businesses (or nonprofit organizations that represent businesses) with resources or expertise that can be brought to bear on the workforce development and business modernization challenges referred to in subparagraph (A); and (2) may include-- (A) State governments and units of local government; (B) educational institutions; (C) labor organizations; or (D) nonprofit organizations. (c) Common Geographic Region.--To the maximum extent practicable, the organizations that are members of an eligible entity described in subsection (b) shall be located within a single geographic region of the United States. (d) Priority Consideration.--In awarding grants under subsection (a), the Secretary shall give priority consideration to-- (1) eligible entities that serve dislocated workers or workers who are threatened with becoming totally or partially separated from employment; (2) eligible entities that include businesses with fewer than 250 employees; or (3) eligible entities from a geographic region in the United States that has been adversely impacted by the movement of manufacturing operations or businesses to other regions or countries, due to corporate restructuring, technological advances, Federal law, international trade, or another factor, as determined by the Secretary. SEC. 3. PARTNERSHIP ACTIVITIES. (a) Use of Grant Amounts.--Each eligible entity that receives a grant under section 2 shall use the amount made available through the grant to carry out a program that provides-- (1) workforce development activities to improve the job skills of individuals who have, are seeking, or have been dislocated from, employment with a business that is a member of that eligible entity, or with a business that is in the industry of a business that is a member of that eligible entity; (2) business modernization activities; or (3) activities that are-- (A) workforce investment activities (including such activities carried out through one-stop delivery systems) carried out under subtitle B of title I of the Workforce Investment Act of 1998 (42 U.S.C. 2811 et seq.); or (B) activities described in section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). (b) Activities Included.-- (1) Workforce development activities.--The workforce development activities referred to in subsection (a)(1) may include activities that-- (A) develop skill standards and provide training, including-- (i) assessing the training and job skill needs of the industry involved; (ii) developing a sequence of skill standards that are benchmarked to advanced industry practices; (iii) developing curricula and training methods; (iv) purchasing, leasing, or receiving donations of training equipment; (v) identifying and developing the skills of training providers; (vi) developing apprenticeship programs; and (vii) developing training programs for dislocated workers; (B) assist workers in finding new employment; or (C) provide supportive services to workers who-- (i) are participating in a program carried out by the entity under this Act; and (ii) are unable to obtain the supportive services through another program providing the services. (2) Business modernization activities.--The business modernization activities referred to in subsection (a)(2) may include activities that upgrade technical or organizational capabilities in conjunction with improving the job skills of workers in a business that is a member of that entity. SEC. 4. APPLICATION. To be eligible to receive a grant under section 2, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 5. SEED GRANTS AND OUTREACH ACTIVITIES. (a) Seed Grants.--The Secretary may provide technical assistance and award financial assistance (not to exceed $150,000 per award) on such terms and conditions as the Secretary determines to be appropriate-- (1) to businesses, nonprofit organizations representing businesses, and labor organizations, for the purpose of establishing an eligible entity; and (2) to entities described in paragraph (1) and established eligible entities, for the purpose of preparing such application materials as may be required under section 4. (b) Outreach and Promotional Activities.--The Secretary may undertake such outreach and promotional activities as the Secretary determines will best carry out the objectives of this Act. (c) Limitations on Expenditures.--The Secretary may not use more than 10 percent of the amount authorized to be appropriated under section 8 to carry out this section. SEC. 6. LIMITATIONS ON FUNDING. (a) Requirement of Matching Funds.--The Secretary may not award a grant under this Act to an eligible entity unless such entity agrees that the entity will make available non-Federal contributions toward the costs of carrying out activities funded by that grant in an amount that is not less than $2 for each $1 of Federal funds made available through the grant. (b) In-Kind Contributions.--The Secretary-- (1) shall, in awarding grants under this Act, give priority consideration to those entities whose members offer in-kind contributions; and (2) may not consider any in-kind contribution in lieu of or as any part of the contributions required under subsection (a). (c) Senior Management Training and Development.--An eligible entity may not use any amount made available through a grant awarded under this Act for training and development activities for senior management, unless that entity certifies to the Secretary that expenditures for the activities are-- (1) an integral part of a comprehensive modernization plan; or (2) dedicated to team building or employee involvement programs. (d) Performance Measures.--Each eligible entity shall, in carrying out the activities referred to in section 3, provide for development of, and tracking of performance according to, performance outcome measures. (e) Administrative Costs.--Each eligible entity may use not more than 20 percent of the amount made available to that entity through a grant awarded under this Act to pay for administrative costs. (f) Maximum Amount of Grant.--No eligible entity may receive-- (1) a grant under this Act in an amount of more than $1,000,000 for any fiscal year; or (2) grants under this Act in any amount for more than 3 fiscal years. (g) Support for Existing Operations.-- (1) In general.--In making grants under this Act, the Secretary may use a portion equal to not more than 50 percent of the funds appropriated to carry out this Act for a fiscal year, to support the existing training and modernization operations of existing eligible entities. (2) Entities.--The Secretary may award a grant to an existing eligible entity for existing training and modernization operations only if the entity-- (A) currently offers (as of the date of the award of the grant) a combination of training, modernization, and business assistance services; (B) targets industries with jobs that traditionally have low wages; (C) targets industries that are faced with chronic job loss; and (D) has demonstrated success in accomplishing the objectives of activities described in section 3. (3) Application.--Paragraph (1) shall not apply to support for the expansion of training and modernization operations of existing eligible entities. (4) Definitions.--In this subsection: (A) Existing training and modernization activity.-- The term ``existing training and modernization activity'' means a training and modernization activity carried out prior to the date of enactment of this Act. (B) Existing eligible entity.--The term ``existing eligible entity'' means an eligible entity that was established prior to the date of enactment of this Act. SEC. 7. EVALUATION. Not later than 3 years after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the effectiveness of the activities carried out under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for fiscal year 2003; (2) $15,000,000 for fiscal year 2004; (3) $20,000,000 for fiscal year 2005; (4) $25,000,000 for fiscal year 2006; and (5) $30,000,000 for fiscal year 2007.

Community Workforce Development and Modernization Partnership Act - Directs the Secretary of Labor to make competitive matching grants to eligible consortia (partnerships) to: (1) help workers improve job skills necessary for employment by businesses in the industry with respect to which the entity was established; (2) help dislocated workers find employment; and (3) upgrade the operating and competitive capacities of businesses that are members of the partnership.Requires such partnerships to include: (1) two or more businesses (or nonprofit organizations representing businesses) facing similar workforce development or business modernization challenges; (2) labor organizations, if such businesses employ workers covered by collective bargaining agreements; and (3) one or more businesses (or nonprofit organizations representing businesses) with resources or expertise that bear on such workforce development and business modernization challenges. Allows inclusion of: (1) State and local governments; (2) educational institutions; (3) labor organizations; or (4) nonprofit organizations.Requires priority consideration for partnerships that: (1) serve dislocated workers or workers threatened with becoming totally or partially separated from employment; (2) include businesses with fewer than 250 employees; or (3) are from a geographic region that has been adversely impacted by the movement of manufacturing operations or businesses to other regions or countries, due to corporate restructuring, technological advances, Federal law, international trade, or other factors.Sets forth partnership program requirements and authorized activities for workforce development and business modernization. Authorizes the Secretary to: (1) provide technical assistance and seed grants to help establish such partnerships; and (2) undertake outreach and promotional activities for purposes of this Act.

To provide for the creation of private-sector-led Community Workforce Partnerships, and for other purposes.

SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Environmental Justice Act of 2002''. (b) Purposes.--The purposes of this Act are-- (1) to focus Federal agency attention on the environmental and human health conditions in minority and low-income communities; (2) to ensure that all Federal agencies develop practices that promote environmental justice; (3) to increase cooperation and coordination among Federal agencies as they seek to achieve environmental justice; (4) to provide minority, low-income, and Native American communities greater access to public information and opportunity for participation in decisionmaking affecting human health and the environment; (5) to mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impact on human health and the environment; and (6) to hold Federal agencies accountable for the effects of their projects and programs on all communities. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Environmental justice.--(A) The term ``environmental justice'' means the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, regulations, and policies affecting the environment. (B) The term ``fair treatment'' means policies and practices that will minimize the likelihood that a minority, low-income, or Native American community will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental benefits, resulting from implementation of a Federal program or policy. (2) Federal agency.--The term ``Federal agency'' means-- (A) each Federal entity represented on the Working Group; (B) any other entity that conducts any Federal program or activity that substantially affects human health or the environment; and (C) each Federal agency that implements any program, policy, or activity applicable to Native Americans. (3) Working group.--The term ``Working Group'' means the interagency working group established by section 4. (4) Advisory committee.--The term ``the Advisory Committee'' means the advisory committee established by section 6. SEC. 3. ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Environmental Justice Mission.--To the greatest extent practicable, the head of each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority, low-income, and Native American populations in the United States and its territories and possessions, including the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. (b) Nondiscrimination.--Each Federal agency shall conduct its programs, policies, and activities in a manner that ensures that such programs, policies, and activities do not have the effect of excluding any person or group from participation in, denying any person or group the benefits of, or subjecting any person or group to discrimination under, such programs, policies, and activities, because of race, color, national origin, or income. (c) Environmental Analyses.--(1) Each analysis of environmental effects of Federal actions required by the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include analysis of the effects of such action on human health and any economic and social effects on minority communities and low-income communities. (2) So far as feasible, any environmental assessment, environmental impact statement, or record of decision prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include measures to mitigate any significant and adverse environmental effects of proposed Federal actions on minority communities and low- income communities. (3) Each Federal agency shall provide opportunities for community input in processes under the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.), including identifying potential effects and mitigation measures in consultation with affected communities and improving the accessibility of meetings, crucial documents, and notices. SEC. 4. INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP. (a) Creation and Composition.--There is hereby established the Interagency Working Group on Environmental Justice, comprising the heads of the following executive agencies and offices, or their designees: (1) The Department of Defense. (2) The Department of Health and Human Services. (3) The Department of Housing and Urban Development. (4) The Department of Labor. (5) The Department of Agriculture. (6) The Department of Transportation. (7) The Department of Justice; (8) The Department of the Interior. (9) The Department of Commerce. (10) The Department of Energy. (11) The Environmental Protection Agency. (12) The Office of Management and Budget. (13) The Office of Science and Technology Policy. (14) The Office of the Deputy Assistant to the President for Environmental Policy. (15) The Office of the Assistant to the President for Domestic Policy. (16) The National Economic Council. (17) The Council of Economic Advisers. (18) Any other official of the United States that the President may designate. (b) Functions.--The Working Group shall-- (1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations; (2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops or revises an environmental justice strategy as required by this Act, in order to ensure that the administration, interpretation and enforcement of programs, activities, and policies are undertaken in a consistent manner; (3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with section 7; (4) assist in coordinating data collection, maintenance, and analysis required by this Act; (5) examine existing data and studies on environmental justice; (6) hold public meetings and otherwise solicit public participation and consider complaints as required under subsection (c); (7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies; and (8) in coordination with the Department of the Interior and after consultation with tribal leaders, coordinate steps to be taken pursuant to this Act that affect or involve federally- recognized Indian Tribes. (c) Public Participation.--The Working Group shall-- (1) hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this Act, and prepare for public review a summary of the comments and recommendations provided; and (2) receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this Act by Federal agencies. (d) Annual Reports.--(1) Each fiscal year following enactment of this Act, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this Act, including, but not limited to, a report of the final environmental justice strategies described in section 6 of this Act and annual progress made in implementing those strategies. (2) The President shall transmit to the Speaker of the House of Representatives and the President of the Senate a copy of each report submitted to the President pursuant to paragraph (1). (e) Conforming Change.--The Interagency Working Group on Environmental Justice established under Executive Order No. 12898, dated February 11, 1994, is abolished. SEC. 5. FEDERAL AGENCY STRATEGIES. (a) Agency-Wide Strategies.--Each Federal agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. (b) Revisions.--Each strategy developed pursuant to subsection (a) shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to-- (1) promote enforcement of all health and environmental statutes in areas with minority populations, low-income populations, or Native American populations; (2) ensure greater public participation; (3) improve research and data collection relating to the health of and environment of minority populations, low-income populations, and Native American populations; and (4) identify differential patterns of use of natural resources among minority populations, low-income populations, and Native American populations. (c) Timetables.--Each strategy developed pursuant to subsection (a) shall include, where appropriate, a timetable for undertaking revisions identified pursuant to subsection (b). SEC. 6. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Federal Environmental Justice Advisory Committee''. (b) Duties.--The Advisory Committee shall provide independent advice and recommendations to the Environmental Protection Agency and the Working Group on areas relating to environmental justice, which may include any of the following: (1) Advice on Federal agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide. (2) Advice on measuring and evaluating agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs. (3) Advice on agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice programs in administrative and scientific areas. (4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the Federal agencies' scientific research and demonstration projects relating to environmental justice. (5) Advice for improving how the Environmental Protection Agency and others participate, cooperate, and communicate within that Agency and between other Federal agencies, State or local governments, federally recognized Tribes, environmental justice leaders, interest groups, and the public. (6) Advice regarding the Environmental Protection Agency's administration of grant programs relating to environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards). (7) Advice regarding agencies' awareness, education, training, and other outreach activities involving environmental justice. (c) Advisory Committee.--The Advisory Committee shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (d) Membership.--The Advisory Committee shall be composed of at least 25 members appointed by the President. Members shall include representatives of-- (1) community-based groups; (2) industry and business; (3) academic and educational institutions; (4) State and local governments, federally recognized tribes, and indigenous groups; and (5) nongovernmental and environmental groups. (e) Meetings.--The Advisory Committee shall meet at least twice annually. Meetings shall occur as needed and approved by the Director of the Office of Environmental Justice of the Environmental Protection Agency, who shall serve as the officer required to be appointed under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Committee (in this subsection referred to as the ``Designated Federal Officer''). The Administrator of the Environmental Protection Agency may pay travel and per diem expenses of members of the Advisory Committee when determined necessary and appropriate. The Designated Federal Officer or a designee of such Officer shall be present at all meetings, and each meeting will be conducted in accordance with an agenda approved in advance by such Officer. The Designated Federal Officer may adjourn any meeting when the Designated Federal Officer determines it is in the public interest to do so. As required by the Federal Advisory Committee Act, meetings of the Advisory Committee shall be open to the public unless the President determines that a meeting or a portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code. Unless a meeting or portion thereof is closed to the public, the Designated Federal Officer shall provide an opportunity for interested persons to file comments before or after such meeting or to make statements to the extent that time permits. (f) Duration.--The Advisory Committee shall remain in existence until otherwise provided by law. SEC. 7. HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION AND ANALYSIS. (a) Disproportionate Impact.--To the extent permitted by other applicable law, including section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations. (b) Information Related to Non-Federal Facilities.--In connection with the development and implementation of agency strategies in section 4, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action. (c) Impact From Federal Facilities.--The Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding Federal facilities that are-- (1) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.) as mandated in Executive Order No. 12856; and (2) expected to have a substantial environmental, human health, or economic effect on surrounding populations. (d) Information Sharing.--(1) In carrying out the responsibilities in this section, each Federal agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments. (2) Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public. (e) Public Comment.--Federal agencies shall provide minority populations and low-income populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section.

Environmental Justice Act of 2002 - Requires Federal agencies to include achieving environmental justice in their missions through identifying and addressing any disproportionately high and adverse human health or environmental effects of their activities on minority and low-income communities.Establishes the Interagency Working Group on Environmental Justice.Directs each Federal agency to develop an agency-wide environmental justice strategy.Establishes the Federal Environmental Justice Advisory Committee.Requires the Administrator of the Environmental Protection Agency to collect and analyze data assessing environmental and human health risks borne by populations identified by race, national origin, or income. Targets for data collection those areas surrounding facilities expected to have a substantial environmental, human health, or environmental effect on surrounding populations.

To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerate Our Startups Act of 2014''. SEC. 2. GRANTS FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES. Add at the end of the Small Business Act (15 U.S.C. 631 et seq.) the following: ``SEC. 48. GRANTS FOR NONPROFIT ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES. ``(a) Grants.--The Administrator shall develop and implement, beginning not later than one year after the date of the enactment of this section, a grant program under this section for State and local governmental and other nonprofit organizations that are located in the United States and support startup businesses in the United States to provide those organizations assistance to use for construction costs, space acquisition, and programmatic purposes. ``(b) Requirement for Recipients.--A recipient of a grant under this section must demonstrate to the satisfaction of the Administrator that it will use the grant to provide assistance to at least 5 client businesses per year that have been in business for less than 5 years. ``(c) Criteria for Grants.--The Administrator shall establish criteria for grants under this section favoring recipients that provide startups the following: ``(1) Office, manufacturing, or warehouse space, including appropriate operations infrastructure. ``(2) Access to capital (either directly from the organization or though guidance and contacts for acquiring capital from outside investors), except that such capital may not be made available from the grant funds (including by making subgrants). ``(3) Access to professional services (either directly from the organization or guidance and contacts for acquiring those services) including accounting and legal services, except that litigation expenses may not be made available from the grant funds. ``(4) A formal structured mentorship or developmental program that assists startups with building business skills and competencies. ``(d) Considerations To Be Applied in Choosing Recipients.--In determining whether or not to make a grant under this section to an organization, the Administrator shall take into account the following: ``(1) If the organization is an existing organization, the previous record of that organization, as measured by-- ``(A) the number of participating client businesses each of the previous 3 years, if applicable; ``(B) the number of businesses applying each of the previous 3 years, if applicable; ``(C) the retention rate of client businesses; ``(D) the average duration of client business participation in program; total, average, and median capital raised by participation client businesses; ``(E) the total, average, and median number of employees of participating client businesses; and ``(F) other metrics deemed appropriate by the Administrator. ``(2) Promoting growth in underserviced geographic areas with sufficient population density. ``(3) How experienced the entrepreneurial leadership of the organization is. ``(4) The ability of the organization to utilize and leverage local strengths, including human resources, infrastructure, or educational institutions. ``(e) Requirement of Fee Paid by Participating Startups.--Each recipient of a grant under this section shall require each participating client business in the program assisted under this section to pay, at minimum, a entry fee for participation in the program. ``(f) Matching Public Funding Requirement.--The Small Business Administration shall require as condition of grant under this section, that the recipient obtain a grant from a local or State government for the same purposes as a grant may be made under this section, to carry out the program of the recipient assisted under this section. The amount of that grant from a local or State government may not be less than \1/2\ the amount received by that recipient under this section. ``(g) Matching Nonpublic Funding Requirement.--The Small Business Administration shall require as condition of grant under this section, that the recipient obtain nonpublic (defined as private or nonprofit) funding for the same purposes as a grant may be made under this section, to carry out the program of the recipient assisted under this section. The amount of that funding from a nonpublic source may not be less than \1/2\ the amount received by that recipient under this section. ``(h) Consequences of Failure To Abide by Terms and Conditions of Grant or Requirements of This Section.--Each recipient shall be notified that failure to abide by the terms and conditions of the grant or the requirements of this section may, in the discretion of the Administrator and in addition to any other civil or criminal consequences, result in recapture by the Administration of the grant funds. ``(i) Annual Progress Reporting by Recipients of Grants.--Each recipient of a grant under this section shall annually report to the Administrator on the progress of the program assisted under this section, including-- ``(1) the number of participating client businesses each of the previous 3 years, if applicable; ``(2) the number of businesses applying each of the previous 3 years, if applicable; ``(3) the retention rate of client businesses; ``(4) the average duration of client business participation in program; ``(5) the total, average, and median capital raised by participation client businesses; ``(6) the total, average, and median number of employees of participating client businesses; and ``(7) other metrics deemed appropriate by the Administrator. ``(j) Report to Congress.--The Administrator shall report annually to Congress the Administrator's assessment of the effectiveness of the grant program under this section including the metrics listed in subsection (i). ``(k) Coordination With Other Small Business Administration Programs.--The Administrator shall take appropriate action to encourage grantees under this section to utilize and incorporate Small Business Administration programs, such as Small Business Development Centers; Small Business Investment Companies, section 7(a) loans, and section 504 loans. ``(l) Listing on Website.--The Administrator shall include a list of recipients of the grants under this section on the Small Business Administration website. ``(m) Definition.--In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. ``(n) Authorization of Appropriation.--There are authorized to be appropriated to carry out this section $5,000,000 for each fiscal year beginning with the first fiscal year that begins after the date of the enactment of this Act and each of the succeeding 4 fiscal years.''.

Accelerate Our Startups Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to develop and implement a grant program for state and local governmental and other nonprofit organizations located in the United States that support startup businesses by providing assistance for construction costs, space acquisition, and programmatic purposes. Requires a grant recipient to: (1) demonstrate that it will use the grant to provide assistance to at least five client businesses per year that have been in business for less than five years, (2) require client businesses to pay an entry fee to participate in the program, and (3) submit annual progress reports. Directs the Administrator: (1) to establish grant criteria favoring recipients that provide startups with office, manufacturing, or warehouse space, access to capital and professional services, and a formal structured mentorship or developmental program that assists with building business skills and competencies; and (2) in determining whether to make a grant, to take into account promoting growth in underserviced areas with sufficient population density and the organization's entrepreneurial leadership experience, ability to utilize and leverage local strengths, and record with regard to client business participation. Directs the SBA to condition receipt of a grant under this Act on the recipient obtaining matching funding for the same purposes from a local or state government grant and nonpublic funding.

Accelerate Our Startups Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Engagement Teams Act'' or ``VET Act''. SEC. 2. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS VETERAN ENGAGEMENT TEAM EVENTS. (a) In General.-- (1) Pilot program.--Beginning not later than October 1, 2016, the Secretary of Veterans Affairs shall carry out a 3- year pilot program under which the Secretary shall carry out events, to be known as ``Veteran Engagement Team events''. The Secretary shall ensure that such events are carried out-- (A) during the first year during which the Secretary carries out the pilot program, at least once a month in a location within the jurisdiction of each of 10 regional offices of the Department of Veterans Affairs, including at least 2 regional offices in each of the 5 districts of the Veterans Benefits Administration under the organization of such Administration in effect as of the date of the enactment of this Act; and (B) during each of the second and third years during which the Secretary carries out the pilot program, at least once a month in a location within the jurisdiction of each of 15 regional offices of the Department, including at least 3 regional offices in each such district. (2) Veteran engagement team events.--During each Veteran Engagement Team event, the Secretary shall provide assistance to veterans in completing and adjudicating claims for disability compensation under chapter 11 of title 38, United States Code, and for pension under chapter 15 of such title. The Secretary shall ensure that-- (A) all Veteran Engagement Team events occur during the normal business hours of the sponsoring regional office; (B) the events are carried out at different locations within the jurisdiction of each regional office and at least 50 miles from any regional office; (C) a sufficient number of physicians (to be available for opinions only), veteran service representatives and rating veteran service representatives, and other personnel are available at the events to initiate, update, and finalize the completion and adjudication of claims; (D) veterans service organizations have access to the events for purposes of providing assistance to veterans; and (E) a veteran who is unable to complete and adjudicate a claim at an event is informed of what additional information or actions are needed to finalize the claim. (b) Location.--In selecting locations for Veteran Engagement Team events under this section, the Secretary shall-- (1) coordinate with veteran service organizations and State and local veterans agencies; and (2) seek to select locations that are community-based and easily accessible. (c) Transfer of Personnel.-- (1) Physicians.--The Secretary may not permanently transfer any physician employed by the Veterans Health Administration for the purpose of staffing a Veteran Engagement Team event. (2) Payment of salaries.--Any amount payable to an employee of the Department for work performed at a Veteran Engagement Team event is payable only from amounts otherwise available for the payment of the salary of the employee. No additional amounts are authorized to be appropriated under this section for the payment of salaries for Department employee. (d) Other Authorities.--In carrying out the pilot program under this section, the Secretary may-- (1) coordinate with States, local governments, nonprofit organizations, and private sector entities to use facilities to host Veteran Engagement Team events for no or minimal costs; and (2) accept, on a without compensation basis, services provided by non-Department physicians in rendering medical opinions relating to claims for compensation and pension. (e) Customer Satisfaction Surveys.--In carrying out the pilot program under this section, the Secretary shall collect and analyze information about the customer satisfaction of veterans who have received assistance at an Veteran Engagement Team event. (f) Reports.--Not later than April 30, 2017, and annually thereafter beginning on October 1, 2017, for the duration of the program, the Secretary shall submit to Congress a report on the implementation and effectiveness of the events. Such report shall include-- (1) the number and types of claims completed and adjudicated at the events; (2) the number and types of claims for which assistance was sought at the events that were not completed or adjudicated at the events and the reasons such claims were not completed or adjudicated; and (3) an analysis of the customer satisfaction of veterans who have received assistance at an event based on the information collected under subsection (e). SEC. 3. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES. Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as follows: ``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. ``The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts: ``(1) With respect to fiscal year 2017, $250,000,000. ``(2) With respect to each of fiscal years 2018 through 2024, $360,000,000.''. Passed the House of Representatives June 21, 2016. Attest: KAREN L. HAAS, Clerk.

Veteran Engagement Teams Act or the VET Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA), beginning not later than October 1, 2016, to carry out a three-year pilot program under which the VA shall carry out Veteran Engagement Team events to assist veterans in completing VA disability and pension claims. Such events shall be carried out: during the first year, at least once a month within the jurisdiction of each of 10 VA regional offices, including at least 2 regional offices in each of the 5 districts of the Veterans Benefits Administration; during each of the second and third years, at least once a month within the jurisdiction of each of 15 VA regional offices, including at least 3 regional offices in each district; at different locations within each regional office's jurisdiction and at least 50 miles from any regional office; during the sponsoring regional office's normal business hours; and with a sufficient number of physicians (to be available for opinions only), veteran service and rating representatives, and other appropriate claims personnel to initiate, update, and finalize the completion and adjudication of claims. Amounts shall be paid to a VA employee for event work only from amounts otherwise available for the employee's salary. No additional appropriations are authorized for such payments. The VA shall: (1) collect and analyze event-satisfaction information from attending veterans, and (2) report annually to Congress on event implementation. The VA may not permanently transfer any Veterans Health Administration physician to staff an event. (Sec. 3) The Veterans Access, Choice, and Accountability Act of 2014 is amended to reduce the aggregate amount of awards and bonuses that may be paid by the VA in FY2017.

Veteran Engagement Teams Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Identification and Referral Act of 1993''. SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF REQUIREMENTS REGARDING DOMESTIC VIOLENCE. Part G of title VII of the Public Health Service Act (42 U.S.C. 295j et seq.), as added by section 102 of Public Law 102-408 (106 Stat. 1994), is amended by inserting after section 795 the following section: ``SEC. 796. REQUIREMENTS REGARDING IDENTIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC VIOLENCE. ``(a) Submission of Information.--In the case of a health professions entity described in subsection (b), the Secretary may make an award of a grant or contract under any of parts C through F to the entity only if the application submitted under section 798(f)(2) for the award describes whether and to what extent the entity has in effect the requirement that, as a condition of receiving a degree or certificate (as applicable) from the entity, each student have had significant training in carrying out the following functions as a provider of health care: ``(1) Identifying victims of domestic violence, and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries. ``(2) Examining and treating such victims, within the scope of the health professional's discipline, training, and practice, including, at a minimum, providing medical advice regarding the dynamics and nature of domestic violence. ``(3) Referring the victims to public and nonprofit private entities that provide services for such victims. ``(b) Designated Health Professions Entities.--A health professions entity referred to in subsection (a) is any entity that is a school of medicine, a school of osteopathic medicine, a school of public health, a graduate program in mental health practice, a school of nursing (as defined in section 853), a program for the training of physician assistants, or a program for the training of allied health professionals. ``(c) Limitations on Amount of Awards.-- ``(1) Determination by secretary.--Before making an award of a grant or contract under any of parts C through F to a designated health professions entity for a fiscal year, the Secretary shall make a determination of whether the entity, as of October 1 of the fiscal year-- ``(A) meets the criterion of having in effect the requirement described in subsection (a); and ``(B) meets the criterion of providing, pursuant to such requirement, for the significant training of the students of the entity in the functions described in such subsection. ``(2) Limitations.--With respect to fiscal year 1996 and subsequent fiscal years, in the case of a designated health professions entity that is determined under paragraph (1) to have failed to meet a criterion described in such paragraph, the Secretary may not make an award to the entity of a grant or contract under a program of any of parts C through F in an amount exceeding-- ``(A) for an award under the program made for the first fiscal year (after fiscal year 1995) for which the entity has so failed, 95 percent of the amount of the most recent award made before fiscal year 1996 to the entity under the program (or if the entity has not previously received such an award, 95 percent of the amount of the award that the Secretary otherwise would have made to the entity); ``(B) for an award under the program made for the second such fiscal year, 90 percent of the amount of the award for the first such year; ``(C) for an award under the program for the third such fiscal year, 85 percent of the amount of the award for the second such year; and ``(D) for an award under the program for the fourth such fiscal year, 80 percent of the amount of the award for the third such fiscal year. ``(d) Ineligibility.--With respect to awards of grants and contracts under a program of any of parts C through F, in the case of a designated health professions entity that has received an award under the program for a fourth fiscal year for which the entity has failed to meet a criterion described in subsection (c)(1), the following applies: ``(1) The entity may not receive any further awards under the program until the entity meets each such criterion. ``(2) If the entity meets each such criterion and receives an award under the program, but subsequently fails to do so for any fiscal year, the series of limitations described in subsection (c)(2) shall be applied to further awards to the entity under the program in the same manner and to the same extent as the series was applied to the entity for the initial 4 fiscal years (after fiscal year 1995) for which the entity failed to meet such a criterion. ``(e) Definitions.--For purposes of this section: ``(1) Designated health professions entity.--The term `designated health professions entity' means an entity described in subsection (b). ``(2) Domestic violence.--The term `domestic violence' means any intentional violence, controlling, or coercive behavior or pattern of behavior by an individual who is currently or who was previously, in an intimate or acquaintance relationship with the victim. Such behavior may occur at any stage of the lifecycle and may encompass single acts or a syndrome of actual or threatened physical injury, sexual assault, rape, psychological abuse, or neglect. Such term includes behavior which currently may be described as `child neglect', `child abuse', `spousal abuse', `domestic violence', `woman battering', `partner abuse', `elder abuse', and `date rape'.''.

Domestic Violence Identification and Referral Act of 1993 - Amends the Public Health Service Act to require certain health professions entities to train students in the identification and referral of victims of domestic violence. Decreases funding to entities that fail to provide such training.

Domestic Violence Identification and Referral Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol and Biodiesel Promotion Act of 2001''. SEC. 2. CREDIT FOR PROPERTY USED IN THE RETAIL SALE, OR BUSINESS USE, OF E85 ETHANOL AND NEAT BIODIESEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. PROPERTY USED IN THE RETAIL SALE, OR BUSINESS USE, OF E85 ETHANOL AND NEAT BIODIESEL. ``(a) General Rule.--For purposes of section 38, the E85 ethanol and biodiesel credit is an amount equal to 50 percent of the basis of qualified fuel property placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for any taxable year shall not exceed $50,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified fuel property.--The term `qualified fuel property' means-- ``(A) qualified vehicle refueling property, and ``(B) qualified business use property. ``(2) Qualified vehicle refueling property.--The term `qualified vehicle refueling property' means any property which would be qualified clean-fuel vehicle refueling property, as defined in section 179A(d), if the only clean-burning fuel referred to in such section were E85 ethanol and neat biodiesel. ``(3) Qualified business use property.--The term `qualified business use property' means any property (not including a building and its structural components) if-- ``(A) such property is of a character subject to the allowance for depreciation, ``(B) the original use of such property begins with the taxpayer, and ``(C) such property is used by the taxpayer in the consumption of E85 ethanol or neat biodiesel in a trade of business of the taxpayer. ``(4) E85 ethanol.--The term `E85 ethanol' means any fuel at least 85 percent of which is ethanol. ``(5) Neat biodiesel.--The term `neat biodiesel' means diesel fuel at least 85 percent of which is produced from a substance other than petroleum. ``(d) Termination.--This section shall not apply to any property placed in service after December 31, 2007.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the E85 ethanol and biodiesel credit determined under section 45G.''. (2) Section 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G(a) may be carried back to a taxable year ending before January 1, 2001.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45G. Property used in the retail sale, or business use, of E85 ethanol and neat biodiesel.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR RETAIL SALE OF E85 ETHANOL AND NEAT BIODIESEL AS MOTOR VEHICLE FUEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45H. RETAIL SALE OF E85 ETHANOL AND NEAT BIODIESEL AS MOTOR VEHICLE FUEL. ``(a) General Rule.--For purposes of section 38, the E85 ethanol and biodiesel retail sales credit of any taxpayer for any taxable year is the credit amount for each gasoline gallon equivalent of E85 ethanol and neat biodiesel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. ``(b) Definitions.--For purposes of this section-- ``(1) Credit amount.--The term `credit amount' means-- ``(A) in the case of E85 ethanol, the excess of 60 cents over the blender amount applicable under section 40(h) for the calendar year in which the sale occurs, and ``(B) in the case of neat biodiesel, 25 cents. ``(2) E85 ethanol and neat biodiesel.--The terms `E85 ethanol' and `neat biodiesel' have the respective meanings given such terms by section 45G. ``(3) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any alternative fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(4) Qualified motor vehicle.--The term `qualified motor vehicle' means any motor vehicle (as defined in section 179A(e)(2)) which meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled. ``(5) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses E85 ethanol or neat biodiesel as a fuel to propel any qualified motor vehicle (including any use after importation) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(c) No Double Benefit.--The amount of any deduction or credit allowable under this chapter for any fuel taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such fuel. ``(d) Pass-Thru in the Case of Estates and Trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(e) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2007.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``, plus'', and by adding at the end the following: ``(17) the E85 ethanol and biodiesel retail sales credit determined under section 45H.''. (2) Section 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following: ``(12) No carryback of section 45h credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45H(a) may be carried back to a taxable year ending before January 1, 2001.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45G. Retail sale of E85 ethanol and neat biodiesel as motor vehicle fuel.''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after December 31, 2001, in taxable years ending after such date. SEC. 4. SMALL ETHANOL PRODUCER CREDIT. (a) Allocation of Alcohol Fuels Credit to Patrons of a Cooperative.--Section 40(g) Internal Revenue Code of 1986 (relating to definitions and special rules for eligible small ethanol producer credit) is amended by adding at the end the following: ``(6) Allocation of small ethanol producer credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--Notwithstanding paragraph (4), in the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(iii) Special rule for taxable years prior to enactment of paragraph.-- Notwithstanding clause (ii), an election for any taxable year ending prior to the date of the enactment of this paragraph may be made at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return of the taxpayer for such taxable year (determined without regard to extensions) by filing an amended return for such year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of each patron for which the patronage dividends for the taxable year described in subparagraph (A) are included in gross income, and ``(iii) shall be included in gross income of such patrons for the taxable year in the manner and to the extent provided in section 87. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization (as so defined) determined under subsection (a)(3) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Definition of Small Ethanol Producer; Improvements to Small Ethanol Producer Credit.-- (1) Definition of small ethanol producer.--Section 40(g)(1) of the Internal Revenue Code of 1986 (relating to eligible small ethanol producer) is amended by striking ``30,000,000'' and inserting ``60,000,000''. (2) Small ethanol producer credit not a passive activity credit.--Clause (i) of section 469(d)(2)(A) of such Code (relating to passive activity credit) is amended by striking ``subpart D'' and inserting ``subpart D, other than section 40(a)(3),''. (3) Allowing credit against minimum tax.-- (A) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Special rules for small ethanol producer credit.-- ``(A) In general.--In the case of the small ethanol producer credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the small ethanol producer credit). ``(B) Small ethanol producer credit.--For purposes of this subsection, the term `small ethanol producer credit' means the credit allowable under subsection (a) by reason of section 40(a)(3).''. (B) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the small ethanol producer credit'' after ``employment credit''. (4) Small ethanol producer credit not added back to income under section 87.--Section 87 of such Code (relating to income inclusion of alcohol fuel credit is amended to read as follows: ``SEC. 87. ALCOHOL FUEL CREDIT. ``Gross income includes an amount equal to the sum of-- ``(1) the amount of the alcohol mixture credit determined with respect to the taxpayer for the taxable year under section 40(a)(1), and ``(2) the alcohol credit determined with respect to the taxpayer for the taxable year under section 40(a)(2).''. (c) Conforming Amendment.--Section 1388 of the Internal Revenue Code of 1986 (relating to definitions and special rules for cooperative organizations) is amended by adding at the end the following: ``(k) Cross Reference.--For provisions relating to the apportionment of the alcohol fuels credit between cooperative organizations and their patrons, see section 40(d)(6).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. EXTENSION OF EXPENSING OF VEHICLE REFUELING PROPERTY FOR E85 ETHANOL. Subsection (f) of section 179A of the Internal Revenue Code of 1986 (relating to termination) is amended by inserting before the period ``(December 31, 2007, for property which is qualified clean-fuel vehicle refueling property with respect to fuel at least 85 percent of which is ethanol)''. SEC. 6. REPEAL OF LIMITATION ON DEPOSITS INTO HIGHWAY TRUST FUND WITH RESPECT TO ALCOHOL FUELS. (a) In General.--Paragraph (4) of section 9503(b) of the Internal Revenue Code of 1986 (relating to certain taxes not transferred to Highway Trust Fund) is amended by adding ``and'' at the end of subparagraph (C), by striking the comma at the end of subparagraph (D) and inserting a period, and by striking subparagraphs (E) and (F). (b) Effective Date.--The amendment made by subsection (a) shall apply to taxes received in the Treasury after December 31, 2001.

Ethanol and Biodiesel Promotion Act of 2001- Amends the Internal Revenue Code to allow a tax credit equal to 50 percent (up to $50,000) of the basis of qualified vehicle refueling and business use property placed in service during the taxable year with respect to the retail sale, or business use, of E85 ethanol (any fuel at least 85 percent of which is ethanol) and neat biodiesel (diesel fuel at least 85 percent of which is produced from a non-petroleum substance).Allows a business tax credit, determined according to a specified formula, for each gasoline gallon equivalent of E85 ethanol and neat biodiesel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle.Establishes a small ethanol producer credit by allowing a tax-exempt farmers' cooperative to allocate such a credit to its patrons on the basis of the quantity or value of business done with or for them for the taxable year.Extends through December 31, 2007, the application to qualified clean-fuel vehicle refueling property for E85 ethanol of the deduction from gross income for clean-fueled vehicles and certain refueling property.Repeals the mandatory transfer into the Highway Trust Fund of amounts equivalent to the taxes on gasoline, diesel fuel, and kerosene and on certain vehicles.

To amend the Internal Revenue Code of 1986 to provide incentives to increase the sale and use of certain ethanol and biodiesel fuels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Relief Well Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the April 20, 2010, explosion and sinking of the mobile offshore drilling unit Deepwater Horizon resulted in the largest release of petroleum in the history of the United States, causing tens of billions of dollars in economic damages and widespread devastation of natural resources; (2) numerous attempts over several months failed to stem the flow of oil from the Deepwater Horizon incident, including the use of-- (A) a containment dome to cover the leak; (B) a top kill procedure to plug the well with viscous drilling fluid; (C) a junk shot to clog the well with various waste materials; and (D) a cut and cap procedure to excise a damaged riser pipe and apply an oil collection device; (3) all of the attempts described in paragraph (2) failed to permanently stop the flow of oil; (4) drilling emergency relief wells is the most effective procedure to permanently stop the flow of oil from a damaged well; (5) the success of relief wells in stopping oil spills has been demonstrated in the Ixtoc Spill in Mexico in 1979 and the Montara Spill in Australia in 2009, which were 2 of the largest oil spills in recent history; (6) although emergency relief wells successfully stopped the Ixtoc and Montara spills, the emergency relief wells-- (A) took several months to complete; and (B) required multiple successive attempts before finally stopping the flow of oil; (7) other governments have maintained emergency relief well policies to ensure that preparations are made for emergency relief wells before an emergency blowout; (8) although no measure can prevent a spill or leak or make drilling safe, relief wells are the most proven way of stopping a spill or leak after a spill or leak has occurred; and (9) if emergency wells had been prepared at the mobile offshore drilling unit Deepwater Horizon at the initiation of drilling, months of disaster relief measures could have been eliminated, and tens of millions of gallons of oil could have been prevented from entering the Gulf of Mexico and damaging the surrounding economies and natural resources. SEC. 3. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. (a) Geological and Geophysical Explorations.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (C), by striking ``and''; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) a plan for drilling at least 1 emergency relief well concurrently with the drilling of the proposed well; and''; and (2) in subsection (e), by adding at the end the following: ``(3) Emergency relief well.--Any exploratory drilling conducted under a lease shall be accompanied by the concurrent drilling of at least 1 emergency relief well, subject to any applicable requirements established by the Secretary. ``(4) Alternative measures.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, may require, as an alternative to the emergency relief well requirement under paragraph (3), measures that the Secretary, after a period of notice and public comment, determines would be at least as effective at stopping a major release from a proposed well as the measures required under that paragraph.''. (b) Oil and Gas Development and Production.--Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended-- (1) in subsection (c)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following: ``(5) a plan for drilling at least 1 emergency relief well concurrently with the proposed well;''; and (2) by adding at the end the following: ``(m) Emergency Relief Wells.-- ``(1) In general.--Any development and production drilling conducted under a lease granted under this Act shall be accompanied by the concurrent drilling of at least 1 emergency relief well, subject to any applicable requirements established by the Secretary. ``(2) Alternative measures.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, may require, as an alternative to the emergency relief well requirement under paragraph (1), measures that the Secretary, after a period of notice and public comment, determines would be at least as effective at stopping a major release from a proposed well as the measures required under that paragraph.''.

Emergency Relief Well Act - Amends the Outer Continental Shelf Lands Act, with respect to geological and geophysical explorations as well as oil and gas development and production, to require an exploration plan submitted for approval to include a plan for drilling at least one emergency relief well concurrently with the drilling of the proposed well. Requires any exploratory drilling in submerged lands of the outer Continental Shelf conducted under a lease (including drilling for oil and gas development and production) to be accompanied by the concurrent drilling of at least one emergency relief well, subject to any applicable requirements established by the Secretary of the Interior. Authorizes the Secretary to require, as an alternative to such emergency relief well requirement, measures that would be at least as effective at stopping a major release from a proposed well.

To amend the Outer Continental Shelf Lands Act to require the drilling of emergency relief wells, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility for Displaced Workers Act''. SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO HURRICANE KATRINA. (a) Use of Grants for Projects Outside Disaster Area.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide assistance in areas outside of the disaster area (as such term is defined in section 173(a)(2) of such Act). (b) Expanded Eligibility for Disaster Relief Employment.--Funds provided to States that submit applications for assistance described under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act, or public sector employment authorized under subsection (c) of this Act, to individuals affected by Hurricane Katrina, including those who have relocated from States in which a major disaster was declared under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) due to the effects of Hurricane Katrina, who were unemployed at the time of the disaster or who are without employment history, in addition to individuals who are eligible for such employment under section 173(d)(2) of the Workforce Investment Act of 1998. (c) Authorization for General Public Sector Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide to eligible individuals temporary employment by public sector entities for a period not to exceed 6 months in addition to disaster relief employment described in section 173(d)(1) of such Act. (d) Extension of the Duration of Disaster Relief Employment.--The Secretary of Labor may extend the 6-month maximum duration of employment under this Act and under section 173(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an additional 6 months due to extraordinary circumstances. (e) Priority for Disaster Relief Employment Funds.--In awarding national emergency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina by providing disaster relief employment, the Secretary of Labor shall-- (1) first, give priority to States in which areas that have suffered major disasters (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining States that have been most heavily impacted by the demand for services by workers affected by Hurricane Katrina. (f) Eligibility for Needs-Related Payments.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide needs-related payments (described in section 134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) who do not qualify for (or have ceased to qualify for) unemployment compensation, and who are not employed on a project described under section 173(d) of such Act, for the purpose of enabling such individuals to participate in activities described in paragraphs (2), (3), or (4) of section 134(d) of such Act. (g) Use of Available Funds.--With the approval of the Secretary of Labor, any State may use funds that remain available for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this section, to provide any assistance authorized under such section 173 or this section, or personal protective equipment not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (h) Expanded Eligibility for Employment and Training Activities.-- (1) In general.--In awarding national emergency grants under section 173(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (2) Eligible entity.--In this subsection, the term ``entity'' means a State, a local board (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or an entity described in section 166(c) of such Act (29 U.S.C. 2911(c)), that submits an application for assistance described in section 173(a)(1) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina. SEC. 3. SENSE OF CONGRESS. (a) Mobile One-Stop Centers.--It is the sense of Congress that States that operate mobile one-stop centers, established as part of one-stop delivery systems authorized under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where possible, make such centers available for use in the areas affected by Hurricane Katrina, and areas where large numbers of workers affected by Hurricane Katrina have been relocated. (b) Expanded Operational Hours.--It is the sense of Congress that one-stop operators (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase access for workers affected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B of title I of such Act, including through the implementation of expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Flexibility for Displaced Workers Act - (Sec. 2) Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (Katrina) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the Katrina-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to Katrina-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by Katrina-affected workers. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist Katrina-affected workers, including those who have relocated from states in the Katrina-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to Katrina-affected workers, including workers who have relocated from Katrina-disaster areas. (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in Katrina-affected areas and areas where large numbers of Katrina's victims have been relocated; and (2) one-stop operators should increase access for Katrina-affected individuals, including through expanded operational hours and on-site services for those in temporary housing.

To provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina.

SECTION 1. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS OF A FEDERAL HOME LOAN BANK. (a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12 U.S.C. 1424(a)) is amended by adding at the end the following: ``(5) Certain privately insured credit unions.-- ``(A) In general.--Subject to the requirements of subparagraph (B), a credit union that lacks insurance of its member accounts under Federal law shall be treated as an insured depository institution for purposes of this Act. ``(B) Certification by appropriate state supervisor.--For purposes of this paragraph, a credit union that lacks insurance of its member accounts under Federal law and that has applied for membership in a Federal home loan bank shall be treated as an insured depository institution if the following has occurred: ``(i) Determination by state supervisor of the credit union.-- ``(I) In general.--Subject to subclause (II), the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements under section 201(a) of the Federal Credit Union Act (12 U.S.C. 1781(a)) to apply for insurance of its member accounts as of the date of the application for membership. ``(II) Certification deemed valid.--In the case of any credit union to which subclause (I) applies, if the appropriate supervisor of the State in which such credit union is chartered fails to make the determination required pursuant to such subclause by the end of the 12-month period beginning on the date on which the application is submitted to the supervisor, the credit union shall be deemed to have met the requirements of subclause (I). ``(ii) Determination by state supervisor of the private deposit insurer.--The licensing entity of the private deposit insurer that is insuring the member accounts of the credit union-- ``(I) receives, on an annual basis, an independent actuarial opinion that the private insurer has set aside sufficient reserves for losses; and ``(II) obtains, as frequently as appropriate, but not less frequently than every 36 months, an independent actuary's study of the capital adequacy of the private insurer. ``(iii) Submission of financial information.--The credit union or the appropriate supervisor of the State in which such credit union is chartered makes available, and continues to make available for such time as the credit union is a member of a Federal home loan bank, to the Federal Housing Finance Agency or to the Federal home loan bank all reports, records, and other information related to any examinations or inquiries performed by the supervisor concerning the financial condition of the credit union, as soon as is practicable. ``(C) Security interests of federal home loan bank not avoidable.--Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to-- ``(i) any extension of credit from any Federal home loan bank to any credit union that is a member of any such bank pursuant to this paragraph; or ``(ii) any security interest in the assets of such a credit union securing any such extension of credit. ``(D) Protection for certain federal home loan bank advances.--Notwithstanding any State law to the contrary, if a Bank makes an advance under section 10 to a State-chartered credit union that is not federally insured-- ``(i) the Bank's interest in any collateral securing the advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally insured credit union; and ``(ii) the Bank has the same right to access such collateral that the Bank would have had if the advance had been made to a federally insured credit union.''. (b) Copies of Audits of Private Insurers of Certain Depository Institutions Required To Be Provided to Supervisory Agencies.--Section 43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(a)(2)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting a semicolon; and (3) by inserting at the end the following: ``(iii) in the case of depository institutions described in subsection (e)(2)(A), the member accounts of which are insured by the private deposit insurer, which are members of a Federal home loan bank, to the Federal Housing Finance Agency, not later than 7 days after the audit is completed.''. (c) GAO Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress-- (1) on the adequacy of insurance reserves held by a private deposit insurer that insures the member accounts of an entity described in section 43(e)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(e)(2)(A)); and (2) for an entity described in paragraph (1), the member accounts of which are insured by a private deposit insurer, information on the level of compliance with Federal regulations relating to the disclosure of a lack of Federal deposit insurance.

Amends the Federal Home Loan Bank Act to treat certain privately (but not federally) insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank. Permits a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank to be treated as meeting all the eligibility requirements for federal deposit insurance if specified conditions are met, including: (1) that the supervisor of the chartering state has determined that the credit union meets all federal deposit insurance eligibility requirements; (2) the state supervisor of the credit union's private deposit insurer receives annual independent actuarial opinions that the private insurer has sufficient reserves for losses, as well as periodic actuarial studies of the insurer's capital adequacy; and (3) the credit union's financial information is made available to the Federal Housing Finance Agency (FHFA) or to the federal home loan bank. Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, 12 months after its application date, the state supervisor has failed to act upon the application. Prohibits the application of a state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit. Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured: (i) the bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and (2) the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union. Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the FHFA. Directs the Government Accountability Office to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.

A bill to amend the Federal Home Loan Bank Act with respect to membership eligibility of certain institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carrizo Plain National Conservation Area Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) The public lands administered by the Bureau of Land Management in the State of California within the Carrizo Plain contain the last remnants of the once vast San Joaquin Valley grasslands that covered a large expanse of central California. (2) As a remnant ecosystem, these lands provide the best remaining contiguous habitat for a number of State or federally listed endangered species or threatened species, including the San Joaquin kit fox, the blunt-nosed leopard lizard, the giant kangaroo rat, and the San Joaquin antelope squirrel, and numerous other federally or State listed or sensitive plant and animal species. Many other important species of native wildlife inhabit the area, such as pronghorn antelope and tule elk. (3) In addition to its biological diversity, Carrizo Plain contains nationally significant cultural and historical sites which are very important to indigenous peoples in the area for religious and traditional cultural purposes. (4) The Carrizo Plain area also contains one of the best and most visible exposures of the geologically unique San Andreas fault, which is the boundary between the Pacific Plate (on the west) which moves northward relative to the North American Plate (on the east) and has and will continue to play a critical role in the evolution and future of California. (5) The Carrizo Plain offers unique research, interpretive, and educational opportunities, and significant recreation opportunities for the public. (6) Since 1985, the Carrizo Plain has been cooperatively managed by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, each of which owns a part of the Carrizo Plain and all of which work closely together in a manner that makes jurisdictional differences among them nearly transparent. (7) A cooperative management plan has been prepared for the Carrizo Plain by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, with full public involvement, that sets the stage for long-term joint management of the area for public use and enjoyment. (8) This management plan is based on the agencies' joint primary mission as set forth in the plan to ``manage the Carrizo Plain . . . so indigenous species interact within a dynamic and fully functioning ecosystem in perpetuity while conserving unique natural and cultural resources and maintaining opportunities for compatible scientific, cultural, social, and recreational activities''. In this context, and under the basic principles of multiple use and sustained yield, other resource uses, such as livestock grazing and recreation use, are allowed under the management plan in the conservation area if they are managed in a manner compatible with that primary mission. SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA. (a) Establishment and Purposes.--To preserve the nationally significant biological, geological, cultural, and recreation values found in the Carrizo Plain, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience those values in an environment rich in biological diversity and natural beauty, the area described in subsection (b) is hereby designated as the Carrizo Plain National Conservation Area. (b) Area Described.-- (1) Boundary map.--The area referred to in subsection (a) consists of approximately 250,000 acres of lands and waters, and interests therein, as generally depicted on the map entitled ``Boundary Map, Carrizo Plain National Conservation Area'', dated October 1997. (2) Legal description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a legal description of the conservation area with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Such legal description shall have the same force and effect as if included in this Act, subject to paragraph (3). (3) Revisions and corrections.--The Secretary may-- (A) make minor revisions in the boundary of the conservation area; and (B) correct clerical and typographical errors in the map and legal description referred to in paragraphs (1) and (2), respectively. (4) Public availability.--The Secretary shall keep the map and legal description referred to in paragraphs (1) and (2), respectively, on file and available for public inspection in the offices of the Director in the District of Columbia and in Sacramento and Bakersfield, California. SEC. 4. MANAGEMENT OF THE CONSERVATION AREA. (a) In General.--The Secretary, acting through the Director, shall manage the public lands within the conservation area in accordance with all applicable laws and the management plan. (b) Review and Revision of Management Plan.--The Secretary of the Interior, in cooperation with the Director, the California Department of Fish and Game, affected landowners, and The Nature Conservancy-- (1) shall, by not later than 1 year after the date of the enactment of this Act, review the management plan referred to in section 9(4) and make such revisions in that plan as are necessary to ensure that it is consistent with the this Act and with the conservation, enhancement, and protection of the conservation area; and (2) may from time to time thereafter make such revisions as are necessary to ensure that consistency. (c) Gifts.--The Secretary may accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, including any income from or interest in property or any funds, for management of the conservation area for the purposes for which the conservation area is established under section 3(a). (d) Funding Account.-- (1) In general.--To fund management activities for the conservation area, there is established in the Treasury a separate account to be known as the Carizzo Plain National Conservation Area Management Fund. (2) Contents.--The account shall consist of-- (A) amounts received as fees for activities in the conservation area; (B) amounts received by the United States as a gift, devise, or bequest authorized by subsection (c); and (C) amounts appropriated to the account. (3) Use.--Amounts in the account shall be available to the Secretary for management of the conservation area pursuant to the purposes for which the conservation is established under section 3(a). SEC. 5. LAND ACQUISITION. (a) Land Acquisition.--The Secretary may acquire nongovernment, privately owned lands and interests therein within the conservation area by donation, by exchange, or by purchase with the consent of the owner thereof. (b) Management.--Lands or interests therein within the conservation area so acquired by the United States shall, after the date of the enactment of this Act, be incorporated into and managed as part of the conservation area. SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT. (a) Withdrawal.--Subject to valid existing rights, all Federal lands within the conservation area, including all lands or interests acquired by the United States after the date of enactment of this Act, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws of the United States. (b) Mineral Development.-- (1) In general.--Except as provided in paragraph (2), mineral development may occur in the conservation area pursuant to the Act of February 25, 1920 (30 U.S.C. 181 et seq.; popularly known as the Mineral Leasing Act), and laws supplementary thereto, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.; popularly known as the Materials Act of 1947), and laws supplementary thereto, only to the extent that development is consistent with the management plan. (2) State and private lands and interests not affected.-- This subsection shall not affect any State or privately owned lands or interests in lands. SEC. 7. COOPERATIVE AGREEMENTS. The Secretary may, consistent with the management plan, enter into any cooperative agreements or shared management arrangements with any person for the purposes of management, interpretation, and research of the conservation area's resources. SEC. 8. NATIVE AMERICAN USES. (a) Native American Uses.--The Secretary shall ensure nonexclusive access to and use of the public lands in the conservation area by Native Americans for traditional cultural and religious purposes consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996). (b) Temporary Closure.--To implement this section, the Secretary may from time to time temporarily close to general public use any specific areas of public lands in the conservation area in order to protect the privacy of Native American religious activities in such areas. Any such closure shall be made in such manner as will affect the smallest practicable area for the minimum period necessary for such purposes. SEC. 9. DEFINITIONS. In this Act: (1) Conservation area.--The term ``conservation area'' means the Carrizo Plain National Conservation Area designated under section 3(a). (2) California department of fish and game.--The term ``California Department of Fish and Game'' means the public entity within the State of California's Resources Agency established by the laws of the State of California to administer the fish and wildlife resources in the State on behalf of the people of California. (3) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (4) Management plan.--The term ``management plan'' means the management plan developed cooperatively by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, entitled ``The Carrizo Plain Natural Area Management Plan'' and dated November 1996, as such plan may be revised by the Secretary under section 4(b). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) The nature conservancy.--The term ``The Nature Conservancy'' means the nonprofit organization established under laws of the State of Virginia and doing business in that name.

Carrizo Plain National Conservation Area Act of 1998 - Designates the Carrizo Plain in California as the Carrizo Plain National Conservation Area. Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to manage the public lands within the Area in accordance with applicable laws and a management plan devised by the BLM, the California Fish and Game Department, and the Nature Conservancy (plan). Directs the Secretary to review the plan and make necessary revisions to ensure its consistency with this Act and the conservation, management, and protection of the Area. Establishes the Carrizo Plain National Conservation Area Management Fund for Area management expenses. Authorizes the Secretary to acquire nongovernment, privately owned lands and interests within the Area by donation, exchange, or purchase, with owner consent. Withdraws all Federal lands within the Area from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the Federal mining laws. Authorizes Area mineral development. Directs the Secretary to ensure nonexclusive access to and use of Area public lands by Native Americans for traditional cultural and religious purposes.

Carrizo Plain National Conservation Area Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Act Commemorating the LITE, or Lifetime Innovations of Thomas Edison''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Edison National Historic Site, located in West Orange, New Jersey, is a vital part of the national system of parks of the United States that preserves research and development laboratories, library, papers, and artifacts of Thomas Alva Edison, as well as his home; (2) the Site is a national historic treasure and contains the largest collection of materials related to Thomas Edison in the world, encompassing an estimated 5,000,000 pages of documents, over 400,000 artifacts, approximately 35,000 sound recordings, and 10,000 books from the personal library of Edison; (3) Thomas Edison is one of the greatest inventors in the United States, whose inexhaustible energy and genius produced 1,093 patents in his lifetime, more than any other American, including patents for the incandescent light bulb, the motion picture camera, and the phonograph; (4) in 1928, Thomas Edison was awarded the Congressional Gold Medal for the ``development and application of inventions that have revolutionized civilization in the last century''; (5) in 1998, Congress again honored Thomas Edison by directing the Secretary of the Treasury to mint a commemorative coin celebrating the 125th anniversary of the invention of the light bulb by Edison, celebrated in 2004; (6)(A) the Edison National Historic Site is one of the most endangered historic places of the United States; and (B) the National Park Service, in the General Management Plan and Development Concept Plan of the Service, identified the need for numerous actions to preserve, protect, restore, and enhance the Site and determined that sufficient government funds are not likely to be appropriated to complete these necessary actions in the foreseeable future; and (7) on November 6, 1997, the National Park Service signed an agreement with the Thomas Alva Edison Preservation Foundation (now the Edison Preservation Foundation), establishing a public-private partnership to jointly raise money to fund identified improvements at the Edison National Historic Site so as to leave the Site unimpaired for the enjoyment of future generations. (b) Purposes.--The purposes of this Act are-- (1) to recognize and pay tribute to Thomas Alva Edison and his innovations; and (2) to preserve, protect, restore, and enhance the Edison National Historic Site to ensure public use and enjoyment of the Site as an educational, scientific, and cultural center. SEC. 3. THOMAS EDISON NATIONAL HISTORICAL PARK. (a) Establishment.--There is established the Thomas Edison National Historical Park as a unit of the National Park System (referred to in this Act as the ``Historical Park''). (b) Boundaries.--The Historical Park shall be comprised of-- (1) all property owned by the United States in the Edison National Historic Site as well as all property authorized to be acquired by the Secretary of the Interior for inclusion in the Edison National Historic Site before the date of the enactment of this Act, as generally depicted on the map entitled the ``Edison National Historic Site'', numbered 20003B, and dated April 1977; and (2) all property authorized to be acquired for inclusion in the Historical Park by this Act or other law enacted after the date of the enactment of this Act. (c) Map.--The map of the Historical Park shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Acquisition of Property.-- (1) Real property.--The Secretary may acquire land or interests in land within the boundaries of the Historical Park, from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange. (2) Personal property.--The Secretary may acquire personal property associated with, and appropriate for, interpretation of the Historical Park. (c) Cooperative Agreements.--The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Historical Park. (d) Repeal of Superseded Law.--Public Law 87-628 (76 Stat. 428) is repealed. (e) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the ``Edison National Historic Site'' shall be deemed to be a reference to the ``Thomas Edison National Historical Park''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out this Act.

Act Commemorating the LITE, or Lifetime Innovations of Thomas Edison - Establishes the Thomas Edison National Historical Park in New Jersey as a unit of the National Park System.

A bill to establish the Thomas Edison National Historical Park in the State of New Jersey as the successor to the Edison National Historic Site.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Faculty Education Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Nurse Reinvestment Act (Public Law 107-205) has helped to support students preparing to be nurse educators. Yet, nursing schools nationwide are forced to deny admission to individuals due to lack of qualified nurse faculty. (2) According to the February 2004 Monthly Labor Review of the Bureau of Labor Statistics, more than 1,000,000 new and replacement nurses will be needed by 2012. (3) According to the American Association of Colleges of Nursing, in the 2004-2005 academic year, 29,425 individuals, or 35 percent of the qualified applicants were not accepted into nursing baccalaureate programs. 2,748 potential nursing master's students and over 200 nurses qualified for admission to doctoral programs were not accepted. Estimates from the National League of Nursing indicate that over 123,000 qualified applications could not be accommodated in associate degree, diploma, and baccalaureate registered nurse educational programs in 2004. (4) Seventy-six percent of schools report insufficient faculty as the primary reason for not accepting qualified applicants. The primary reasons for lack of faculty are lack of funds to hire new faculty, inability to identify, recruit and hire faculty in the current competitive job market, and lack of nursing faculty available in different geographic areas. (5) Despite the fact that 75 percent of graduates of doctoral nursing program enter education roles (versus about 5 percent of graduates of nursing master's programs), the 93 doctoral programs nationwide produce only 400 graduates. This annual graduation rate is insufficient to meet current needs for nurse faculty. In keeping with other professional academic disciplines, nurse faculty at colleges and universities are typically doctorally-prepared. (6) With the average age of nurse faculty at retirement at 62.5 years of age and the average age of doctorally-prepared faculty currently at 53.5 years, the health care system faces unprecedented workforce and health access challenges with current and future shortages of deans, nurse educators, and nurses. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following: ``SEC. 832. NURSE FACULTY EDUCATION. ``(a) Establishment.--The Secretary, acting through the Health Resources and Services Administration, shall establish a Nurse Faculty Education Program to ensure an adequate supply of nurse faculty through the awarding of grants to eligible entities to-- ``(1) provide support for the hiring of new faculty, the retaining of existing faculty, and the purchase of educational resources; ``(2) provide for increasing enrollment and graduation rates for students from doctoral programs; and ``(3) assist graduates from the entity in serving as nurse faculty in schools of nursing; ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be a school of nursing that offers a doctoral degree in nursing in a State or territory; ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(3) develop and implement a plan in accordance with subsection (c); ``(4) agree to submit an annual report to the Secretary that includes updated information on the doctoral program involved, including information with respect to-- ``(A) student enrollment; ``(B) student retention; ``(C) graduation rates; ``(D) the number of graduates employed part-time or full-time in a nursing faculty position; and ``(E) retention in nursing faculty positions within 1 year and 2 years of employment; ``(5) agree to permit the Secretary to make on-site inspections, and to comply with the requests of the Secretary for information, to determine the extent to which the school is complying with the requirements of this section; and ``(6) meet such other requirements as determined appropriate by the Secretary. ``(c) Use of Funds.--Not later than 1 year after the receipt of a grant under this section, an entity shall develop and implement a plan for using amounts received under this grant in a manner that establishes not less than 2 of the following: ``(1) Partnering opportunities with practice and academic institutions to facilitate doctoral education and research experiences that are mutually beneficial. ``(2) Partnering opportunities with educational institutions to facilitate the hiring of graduates from the entity into nurse faculty, prior to, and upon completion of the program. ``(3) Partnering opportunities with nursing schools to place students into internship programs which provide hands-on opportunity to learn about the nurse faculty role. ``(4) Cooperative education programs among schools of nursing to share use of technological resources and distance learning technologies that serve rural students and underserved areas. ``(5) Opportunities for minority and diverse student populations (including aging nurses in clinical roles) interested in pursuing doctoral education. ``(6) Pre-entry preparation opportunities including programs that assist returning students in standardized test preparation, use of information technology, and the statistical tools necessary for program enrollment. ``(7) A nurse faculty mentoring program. ``(8) A Registered Nurse baccalaureate to Ph. D. program to expedite the completion of a doctoral degree and entry to nurse faculty role. ``(9) Career path opportunities for 2nd degree students to become nurse faculty. ``(10) Marketing outreach activities to attract students committed to becoming nurse faculty. ``(d) Priority.--In awarding grants under this section, the Secretary shall give priority to entities from States and territories that have a lower number of employed nurses per 100,000 population. ``(e) Number and Amount of Grants.--Grants under this section shall be awarded as follows: ``(1) In fiscal year 2006, the Secretary shall award 10 grants of $100,000 each. ``(2) In fiscal year 2007, the Secretary shall award an additional 10 grants of $100,000 each and provide continued funding for the existing grantees under paragraph (1) in the amount of $100,000 each. ``(3) In fiscal year 2008, the Secretary shall award an additional 10 grants of $100,000 each and provide continued funding for the existing grantees under paragraphs (1) and (2) in the amount of $100,000 each. ``(4) In fiscal year 2009, the Secretary shall provide continued funding for each of the existing grantees under paragraphs (1) through (3) in the amount of $100,000 each. ``(5) In fiscal year 2010, the Secretary shall provide continued funding for each of the existing grantees under paragraphs (1) through (3) in the amount of $100,000 each. ``(f) Limitations.-- ``(1) Payment.--Payments to an entity under a grant under this section shall be for a period of not to exceed 5 years. ``(2) Improper use of funds.--An entity that fails to use amounts received under a grant under this section as provided for in subsection (c) shall, at the discretion of the Secretary, be required to remit to the Federal Government not less than 80 percent of the amounts received under the grant. ``(g) Reports.-- ``(1) Evaluation.--The Secretary shall conduct an evaluation of the results of the activities carried out under grants under this section. ``(2) Reports.--Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to Congress an interim report on the results of the evaluation conducted under paragraph (1). Not later than 6 months after the end of the program under this section, the Secretary shall submit to Congress a final report on the results of such evaluation. ``(h) Study.-- ``(1) In general.--Not later than 3 years after the date of the enactment of this section, the Comptroller General of the United States shall conduct a study and submit a report to Congress concerning activities to increase participation in the nurse educator program under the section. ``(2) Contents.--The report under paragraph (1) shall include the following: ``(A) An examination of the capacity of nursing schools to meet workforce needs on a nationwide basis. ``(B) An analysis and discussion of sustainability options for continuing programs beyond the initial funding period. ``(C) An examination and understanding of the doctoral degree programs that are successful in placing graduates as faculty in schools of nursing. ``(D) An analysis of program design under this section and the impact of such design on nurse faculty retention and workforce shortages. ``(E) An analysis of compensation disparities between nursing clinical practitioners and nurse faculty and between higher education nurse faculty and higher education faculty overall. ``(F) Recommendations to enhance faculty retention and the nursing workforce. ``(i) Authorization of Appropriations.-- ``(1) In general.--For the costs of carrying out this section (except the costs described in paragraph (2), there are authorized to be appropriated $1,000,000 for fiscal year 2006, $2,000,000 for fiscal year 2007, and $3,000,000 for each of fiscal years 2008 through 2010. ``(2) Administrative costs.--For the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010.''.

Nurse Faculty Education Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to establish a Nurse Faculty Education Program to ensure an adequate supply of nurse faculty through the awarding of grants to eligible entities to: (1) provide support for hiring new faculty, retaining existing faculty, and purchasing educational resources; (2) provide for increasing enrollment and graduation rates for students from doctoral programs; and (3) assist graduates in serving as nurse faculty in nursing schools. Sets forth provisions regarding eligibility requirements and permissible uses of grant funds. Directs the Secretary to give priority to entities from states and territories that have a lower number of employed nurses per 100,000 population. Directs the Secretary to award specified numbers and amounts of grants for FY2006-FY2010, subject to specified limitations. Directs: (1) the Secretary to evaluate and report to Congress on the results of activities carried out under such grants; and (2) the Comptroller General to study and report to Congress concerning activities to increase participation in the nurse educator program.

A bill to amend the Public Health Service Act to authorize a demonstration program to increase the number of doctorally-prepared nurse faculty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repairing Young Women's Lives Around the World Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Every minute, 1 woman dies from pregnancy-related complications. 95 percent of these women live in Africa and Asia. (2) For every woman who dies from pregnancy-related complications, 15 to 30 women survive but experience chronic disabilities. The worst is obstetric fistula which is caused when a woman who needs trained medical assistance for a safe delivery, including Caesarian section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina, after a woman suffers from prolonged obstructed labor. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal wall, destroying the tissue and leaving a wound. (4) According to the Department of State: ``Pregnancy at an early age often leads to obstetric fistulae and permanent incontinence. [In Ethiopia], treatment is available at only 1 hospital in Addis Ababa that performs over 1,000 fistula operations a year. It estimates that for every successful operation performed, 10 other young women need the treatment. The maternal mortality rate is extremely high due, in part, to food taboos for pregnant women, poverty, early marriage, and birth complications related to FGM [Female Genital Mutilation], especially infibulation.''. (5) Obstetric fistula affects women who survive obstructed labor. (6) In nearly every case of obstetric fistula, the baby will be stillborn and the mother will have physical pain as well as social and emotional trauma from the loss of her child. (7) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. (8) The social consequences for women with obstetric fistula include isolation and lack of opportunity, divorce or abandonment, ridicule and shame, inability to start a family, illness, and risk of violence. (9) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. (10) Obstetric fistula was once common throughout the world, but over the last century has been eradicated in Europe, North America, and other developed regions through improved medical care. (11) Obstetric fistula is fully preventable by having a trained medical attendant present during labor and childbirth, delaying early marriage and childbirth, and gaining access to family planning. (12) Obstetric fistula can also be surgically repaired. Surgery requires a specially trained surgeon and support staff, access to an operating theater and to attentive post-operative care. Success rates for surgical repair of fistula are close to 90 percent and cost between $100 and $400. (13) In 2003, the United Nations Population Fund (UNFPA) launched a global campaign to identify and address the incidence of obstetric fistula in Africa and Asia in an effort to develop a means to repair those who are suffering and provide the necessary health services to prevent further cases. The campaign currently supports 20 countries in Africa and Asia and provides surgery to women, trains doctors and nurses, equips hospitals, and undertakes community outreach to prevent further cases. (14) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and the Administration's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (15) The UNFPA is working in 89 countries to reduce maternal death and disability, including obstetric fistula, through preventive, curative, and rehabilitative methods. (16) In the winter of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of the UNFPA and for securing funding for the organization. (17) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to the UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of internally displaced persons within Afghanistan. (18) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to the UNFPA of up to $34,000,000 in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law (Public Law 107-115) by the President on January 10, 2002. However, the President decided not to obligate the funds. (19) In May 2002, the President sent a 3-person delegation to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (20) This independent delegation concluded that such allegations were untrue. (21) On May 29, 2002, the delegation sent a letter to the Secretary of State stating the following: ``First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC. First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.''. (22) Regrettably, the Administration overruled the recommendation of its own delegation and invoked an overly broad interpretation of the law in order to eliminate funding for UNFPA. SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND. Notwithstanding any other provision of law, in addition to amounts otherwise available to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $34,000,000 for fiscal year 2004 and each subsequent fiscal year to be available only for United States voluntary contributions to the United Nations Population Fund (UNFPA) only for prevention, remedy, and repair of obstetric fistula.

Repairing Young Women's Lives Around the World Act - Authorizes appropriations to be used only for U.S. voluntary contributions to the United Nations Population Fund (UNFPA) for prevention, remedy, and repair of obstetric fistula.

To provide a United States voluntary contribution to the United Nations Population Fund only for the prevention, remedy, and repair of obstetric fistula.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Comprehensive Health Benefits Act of 2003''. SEC. 2. TRICARE COVERAGE FOR MEMBERS OF THE READY RESERVE. (a) Eligibility.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1076a the following new section: ``Sec. 1076b. TRICARE program: coverage for members of the Ready Reserve ``(a) Eligibility.--Members of the Selected Reserve of the Ready Reserve and members of the Individual Ready Reserve described in subsection 10144(b) of this title are eligible, subject to subsection (h)(1), to enroll in the following TRICARE program options: ``(1) TRICARE Prime. ``(2) TRICARE Standard. ``(b) Types of Coverage.--(1) A member eligible under subsection (a) may enroll for either of the following types of coverage: ``(A) Self alone coverage. ``(B) Self and family coverage. ``(2) An enrollment by a member for self and family covers the member and the dependents of the member who are described in subparagraph (A), (D), or (I) of section 1072(2) of this title. ``(c) Open Enrollment Periods.--The Secretary of Defense shall provide for at least one open enrollment period each year. During an open enrollment period, a member eligible under subsection (a) may enroll in the TRICARE program or change or terminate an enrollment in the TRICARE program. ``(d) Scope of Care.--(1) A member and the dependents of a member enrolled in the TRICARE program under this section shall be entitled to the same benefits under this chapter as a member of the uniformed services on active duty or a dependent of such a member, respectively. ``(2) Section 1074(c) of this title shall apply with respect to a member enrolled in the TRICARE program under this section. ``(e) Premiums.--(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section. The Secretary shall prescribe for each of the TRICARE program options referred to in subsection (a) a premium for self alone coverage and a premium for self and family coverage. ``(2) The monthly amount of the premium in effect for a month for a type of coverage under this section shall be the amount equal to 28 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage. ``(3) The premiums payable by a member under this subsection may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums by members not entitled to such basic pay or compensation. ``(4) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year. ``(f) Other Charges.--A person who receives health care pursuant to an enrollment in a TRICARE program option under this section, including a member who receives such health care, shall be subject to the same deductibles, copayments, and other nonpremium charges for health care as apply under this chapter for health care provided under the same TRICARE program option to dependents described in subparagraph (A), (D), or (I) of section 1072(2) of this title. ``(g) Termination of Enrollment.--(1) A member enrolled in the TRICARE program under this section may terminate the enrollment only during an open enrollment period provided under subsection (c), except as provided in subsection (h)(2). ``(2) An enrollment of a member for self alone or for self and family under this section shall terminate on the first day of the first month beginning after the date on which the member ceases to be eligible under subsection (a). ``(3) The enrollment of a member under this section may be terminated on the basis of failure to pay the premium charged the member under this section. ``(h) Relationship to Transition TRICARE Coverage Upon Separation From Active Duty.--(1) A member may not enroll in the TRICARE program under this section while entitled to transitional health care under subsection (a) of section 1145 of this title or while authorized to receive health care under subsection (c) of such section. ``(2) A member who enrolls in the TRICARE program under this section within 90 days after the date of the termination of the member's entitlement or eligibility to receive health care under subsection (a) or (c) of section 1145 of this title may terminate the enrollment at any time within one year after the date of the enrollment. ``(i) Regulations.--The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076a the following new item: ``1076b. TRICARE program: coverage for members of the Ready Reserve.''. (b) Definitions.--(1) Section 1072 of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(10) The term `TRICARE Prime' means the managed care option of the TRICARE program. ``(11) The term `TRICARE Standard' means the option of the TRICARE program that is also known as the Civilian Health and Medical Program of the Uniformed Services''. (2) Section 1097a(f) of such title is amended by striking ``Definitions.--In this section:'' and all that follows through ``(2) The term'' and inserting ``Catchment Area Defined.--In this section, the term''. (c) Period for Implementation.--Section 1076b of title 10, United States Code (as added by subsection (a)), shall apply with respect to months that begin on or after the date that is 180 days after the date of the enactment of this Act. SEC. 3. ALLOWANCE FOR CONTINUATION OF NON-TRICARE HEALTH BENEFITS COVERAGE FOR CERTAIN MOBILIZED RESERVES. (a) Payment of Premiums.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section: ``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents ``(a) Payment of Premiums.--The Secretary concerned shall pay the applicable premium to continue in force any qualified health benefits plan coverage for an eligible reserve component member for the benefits coverage continuation period if timely elected by the member in accordance with regulations prescribed under subsection (j). ``(b) Eligible Member.--A member of a reserve component is eligible for payment of the applicable premium for continuation of qualified health benefits plan coverage under subsection (a) while serving on active duty pursuant to a call or order issued under a provision of law referred to in section 101(a)(13)(B) of this title during a war or national emergency declared by the President or Congress. ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of this section, health benefits plan coverage for a member called or ordered to active duty is qualified health benefits plan coverage if-- ``(1) the coverage was in force on the date on which the Secretary notified the member that issuance of the call or order was pending or, if no such notification was provided, the date of the call or order; ``(2) on such date, the coverage applied to the member and dependents of the member described in subparagraph (A), (D), or (I) of section 1072(2) of this title; and ``(3) the coverage has not lapsed. ``(d) Applicable Premium.--The applicable premium payable under this section for continuation of health benefits plan coverage in the case of a member is the amount of the premium payable by the member for the coverage of the member and dependents. ``(e) Maximum Amount.--The total amount that may be paid for the applicable premium of a health benefits plan for a member under this section in a fiscal year may not exceed the amount determined by multiplying-- ``(1) the sum of one plus the number of the member's dependents covered by the health benefits plan, by ``(2) the per capita cost of providing TRICARE coverage and benefits for dependents under this chapter for such fiscal year, as determined by the Secretary of Defense. ``(f) Benefits Coverage Continuation Period.--The benefits coverage continuation period under this section for qualified health benefits plan coverage in the case of a member called or ordered to active duty is the period that-- ``(1) begins on the date of the call or order; and ``(2) ends on the earlier of the date on which-- ``(A) the member's eligibility for transitional health care under section 1145(a) of this title terminates under paragraph (3) of such section; or ``(B) the member elects to terminate the continued qualified health benefits plan coverage of the dependents of the member. ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any other provision of law-- ``(1) any period of coverage under a COBRA continuation provision (as defined in section 9832(d)(1) of the Internal Revenue Code of 1986) for a member under this section shall be deemed to be equal to the benefits coverage continuation period for such member under this section; and ``(2) with respect to the election of any period of coverage under a COBRA continuation provision (as so defined), rules similar to the rules under section 4980B(f)(5)(C) of such Code shall apply. ``(h) Nonduplication of Benefits.--A dependent of a member who is eligible for benefits under qualified health benefits plan coverage paid on behalf of a member by the Secretary concerned under this section is not eligible for benefits under the TRICARE program during a period of the coverage for which so paid. ``(i) Revocability of Election.--A member who makes an election under subsection (a) may revoke the election. Upon such a revocation, the member's dependents shall become eligible for benefits under the TRICARE program as provided for under this chapter. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for carrying out this section. The regulations shall include such requirements for making an election of payment of applicable premiums as the Secretary considers appropriate.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1078a the following new item: ``1078b. Continuation of non-TRICARE health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents.''. (b) Applicability.--Section 1078b of title 10, United States Code (as added by subsection (a)), shall apply with respect to calls or orders of members of reserve components of the Armed Forces to active duty as described in subsection (b) of such section, that are issued by the Secretary of a military department on or after the date of the enactment of this Act.

National Guard and Reserve Comprehensive Health Benefits Act of 2003 - Makes members of the Selected Reserve and the Individual Ready Reserve eligible for either the Prime or Standard option of the TRICARE Program (a Department of Defense managed health care program), allowing for either self-coverage or self-and-family coverage. Requires the Secretary of Defense to: (1) provide at least one open enrollment period each year for such members; and (2) charge applicable premiums, deductibles, and copayments for such coverage.Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.

To amend title 10, United States Code, to provide limited TRICARE program eligibility for members of the Ready Reserve of the Armed Forces, to provide financial support for continuation of health insurance for mobilized members of reserve components of the Armed Forces, and for other purposes.

SECTION 1. DIRECTOR OF CRIMINAL INVESTIGATIONS. (a) Establishment.--Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 142. Director of Criminal Investigations ``(a) Appointment.--There is a Director of Criminal Investigations who is appointed by the Secretary of Defense from among civilians who have a significant level of experience in criminal investigations. The Director reports directly to the Secretary of Defense. ``(b) Senior Executive Service Position.--The position of Director of Criminal Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. ``(c) Duties.--Subject to the authority, direction, and control of the Secretary of Defense, the Director of Criminal Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe. ``(d) Data Compilation and Reporting.--(1) The Director shall obtain, compile, store, monitor, and (in accordance with this section) report information on each allegation of sexual misconduct of a member of the armed forces or of a dependent of a member of the armed forces against a member of the armed forces or against a dependent of a member of the armed forces that is received by a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. ``(2) The information compiled pursuant to paragraph (1) shall include the following: ``(A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. ``(B) The number of such complaints that are investigated. ``(C) In the case of each complaint-- ``(i) the organization that investigated the complaint (if investigated); ``(ii) the disposition of the complaint upon completion or other termination of the investigation; and ``(iii) the status or results of any judicial action, nonjudicial disciplinary action, or other adverse action taken. ``(D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including-- ``(i) the number disposed of in a court-martial; ``(ii) the number disposed of in a court of the United States; ``(iii) the number disposed of in a court of a State or territory of the United States or in a court of a political subdivision of a State or territory of the United States; ``(iv) the number disposed of by a plea of guilty; ``(v) the number disposed of by trial on a contested basis; and ``(vi) the number disposed of on any other basis. ``(E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. ``(3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, Congress, any law enforcement agency concerned, and any court concerned. ``(e) Direct Investigations.--The Director shall investigate each allegation of sexual misconduct referred to in subsection (d) that-- ``(1) is made directly, or referred, to the Director, including such an allegation that is made or referred to the Director by-- ``(A) a commander of a member of the armed forces alleged to have engaged in the sexual misconduct or to have been the victim of the sexual misconduct; ``(B) an investigative organization of the Department of Defense; or ``(C) a victim of the alleged misconduct who is a member of the armed forces or a dependent of a member of the armed forces; or ``(2) the Secretary directs the Director to investigate. ``(f) Oversight and Quality Control of Other Investigations.--(1) The Director shall monitor the conduct of investigations by units, offices, agencies, and other organizations within the Department of Defense regarding allegations of sexual misconduct. ``(2) In carrying out paragraph (1), the Director may inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. ``(3) The Director may report to the Secretary on any investigation monitored pursuant to in paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, and an evaluation of each investigator and the investigative organization involved in the investigation. ``(g) Powers.--In the performance of the duties set forth or authorized in this section, the Director shall have the following powers: ``(1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director. ``(2) To request such information or assistance as may be necessary for carrying out the Director's duties from any Federal, State, or local governmental agency or unit thereof. ``(3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director's duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. ``(4) To serve subpoenas, summons, and any judicial process related to the performance of any of the Director's duties. ``(5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the Director's duties, which oath, affirmation, or affidavit when administered or taken by or before an employee designated by the Director shall have the same force and effect as if administered or taken by or before an officer having a seal. ``(6) To have direct and prompt access to the Secretary of Defense, the Secretary of a military department, and any commander when necessary for any purpose pertaining to the performance of the Director's duties. ``(7) To obtain for any victim of sexual misconduct referred to in subsection (d)(1), from any facility of the uniformed services or any other health care facility of the Federal Government or, by contract, from any other source, medical services and counseling and other mental health services appropriate for treating or investigating-- ``(A) injuries resulting from the sexual misconduct; and ``(B) other mental and physiological results of the sexual misconduct. ``(h) Referrals for Prosecution.--(1) The Director may refer any case of sexual misconduct described in subsection (d)(1) to-- ``(A) a United States Attorney, or another appropriate official in the Department of Justice, for prosecution; or ``(B) to an appropriate commander within the armed forces for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action. ``(2) The Director shall report each such referral to the Secretary of Defense. ``(i) Staff.--(1) The Director shall have-- ``(A) a staff of investigators who have extensive experience in criminal investigations; ``(B) a staff of attorneys sufficient to provide the Director, the criminal investigators, and the Director's other staff personnel with legal counsel necessary for the performance of the duties of the Director; ``(C) a staff of counseling referral specialists; and ``(D) such other staff as is necessary for the performance of the Director's duties. ``(2) To the maximum extent practicable, the staff of the Director shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. ``(j) Reports to Director.--Each Member of the Armed Forces and each officer or employee of the Department of Defense who, in the official capacity of that member, officer, or employee, receives an allegation of sexual misconduct shall submit to the Director a notification of that allegation together with such information as the Director may require for the purpose of carrying out the Director's duties. ``(k) Annual Report on Sexual Misconduct.--The Secretary of Defense shall submit to Congress an annual report on the number and disposition of cases of sexual misconduct by members of the Armed Forces and officers and employees of the Department of Defense. ``(l) Definitions.--In this section: ``(1) The term `sexual misconduct' includes the following: ``(A) Sexual harassment, including any conduct involving sexual harassment that-- ``(i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to the punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and ``(ii) in the case of an employee of the Department of Defense or a dependent subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline referred to in clause (i) that is applicable to such employee or dependent. ``(B) Rape. ``(C) Sexual assault. ``(D) Sexual battery. ``(2) The term `complaint', with respect to an allegation of sexual misconduct, includes a report of such allegation.''. (b) Table of Sections.--The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following: ``142. Director of Special Investigations.''. SEC. 2. CRIMINAL FAILURE TO REPORT SEXUAL MISCONDUCT. (a) Offenses.--Chapter 109A of title 18, United States Code, is amended-- (1) by redesignating section 2245 as section 2246; (2) by inserting after section 2244 the following new section: ``Sec. 2245. Failure to report sexual misconduct ``(a) Failure To Act on Allegation of Criminal Sexual Misconduct.-- An officer or employee of the Department of Defense or a member of the Armed Forces of the United States who, in the official capacity of the officer, employee, or member-- ``(1) receives an allegation of criminal sexual misconduct of a member of the Armed Forces of the United States or of a dependent of a member of the Armed Forces of the United States against a member of the Armed Forces of the United States or against a dependent of a member of the Armed Forces of the United States; ``(2) is required by law to initiate an investigation of, or to determine whether to take disciplinary action in the case of, the allegation; and ``(3) fails to submit a notification of the allegation to the Director of Criminal Investigations of the Department of Defense and to the immediate employment supervisor or immediate commander, as the case may be, of the alleged offender, shall be imprisoned not more than 10 years, fined under this title, or both. ``(b) Failure To Act on Allegation of Civil Sexual Misconduct.--An officer or employee of the Department of Defense or a member of the Armed Forces of the United States who, in the official capacity of the officer, employee, or member-- ``(1) receives an allegation of civil sexual misconduct of a member of the Armed Forces of the United States or of a dependent of a member of the Armed Forces of the United States against a member of the Armed Forces of the United States or against a dependent of a member of the Armed Forces of the United States; ``(2) is required by law to initiate an investigation of, or to determine whether to take disciplinary action in the case of, the allegation; and ``(3) fails to submit a notification of the allegation to the Director of Criminal Investigations of the Department of Defense and to the immediate employment supervisor or immediate commander, as the case may be, of the alleged offender, shall be imprisoned not more than 1 year, fined under this title, or both.''; and (3) in section 2246, as redesignated by paragraph (1)-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (5) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(6) the term `criminal sexual misconduct' means engaging in a sexual act or sexual contact in circumstances such that the act or conduct constitutes a criminal offense under this chapter, other Federal law, or State law; and ``(7) the term `civil sexual misconduct' means engaging in a sexual act, sexual conduct, or other activity of a sexual nature in violation of a statute, rule, order, or other lawful authority that prohibits the activity but does not authorize imposition of a sentence of imprisonment for a violation.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 2245 and inserting the following: ``2245. Failure to report sexual misconduct. ``2246. Definitions for chapter.''. SEC. 3. PERSONNEL ADMINISTRATION MATTERS. (a) Performance Evaluations and Benefits.--(1) The Secretary of Defense shall prescribe in regulations a requirement that the commitment of an officer or employee of the Department of Defense and a member of the Armed Forces of the United States to the elimination of sexual harassment in the officer's, employee's, or member's place of work or duty and at installations and other facilities of the Department of Defense be one of the factors considered in-- (A) the preparation of the evaluations of the officer's, employee's, or member's performance of work or duties; (B) the determination of the appropriateness of a promotion of the officer, employee, or member; and (C) the determination of the appropriateness of selecting the officer, employee, or member to receive a financial award for performance of work or duties. (2) The Secretary shall submit to Congress an annual report on the implementation of the regulations required by paragraph (1). The report shall contain an assessment of the effects of the implementation of such regulations on the number, extent, and seriousness of the cases of sexual harassment in the Department of Defense. The annual report under this paragraph shall be separate from the annual report required by section 142(k) of title 10, United States Code, as added by section 1. (b) Eligibility for Promotions and Awards.--The Secretary of Defense and the Secretary of the military department concerned may not approve for presentation of a financial award for performance of work or duties or for promotion any officer or employee of the Department of Defense or any member of the Armed Forces of the United States who-- (1) has been convicted of a criminal offense involving sexual misconduct; or (2) has received any other disciplinary action or adverse personnel action on the basis of having engaged in sexual misconduct. SEC. 4. PROTECTION OF PERSONS REPORTING SEXUAL HARASSMENT. (a) Regulations of the Secretary of Defense.--The Secretary of Defense shall prescribe regulations that prohibit officers and employees of the Department of Defense from retaliating or taking any adverse personnel action against any other officer or employee of the Department of Defense or any member of the Armed Forces of the United States for reporting sexual misconduct by an officer or employee of the Department of Defense or a member of the Armed Forces or for providing information in an investigation, disciplinary action, or adverse personnel action in the case of an allegation of sexual misconduct by any other such officer, employee, or member. The regulations shall include sanctions for violation of the regulations. (b) Regulations of a Secretary of a Military Department.--(1) The Secretary of each military department shall prescribe regulations that prohibit members of the Armed Forces of the United States under the jurisdiction of that Secretary from retaliating or taking any adverse personnel action against any officer or employee of the Department of Defense or any member of the Armed Forces of the United States for reporting sexual misconduct by any other officer or employee of the Department of Defense or any other member of the Armed Forces or for providing information in an investigation, disciplinary action, or adverse personnel action in the case of an allegation of sexual misconduct by any other such officer, employee, or member. (2) A violation of the regulations prescribed pursuant to paragraph (1) shall be punishable under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice). SEC. 5. SEXUAL MISCONDUCT DEFINED. In this Act, the term ``sexual misconduct'' has the meaning given that term in section 142(l) of title 10, United States Code, as added by section 1. S 816 IS----2

Establishes the position of Director of Criminal Investigations to obtain, compile, store, monitor, and report information on each allegation of sexual misconduct of a member of the armed forces (or a dependent) against another member of the armed forces or a dependent of such member. Authorizes the Director to inspect and report to the Secretary on any other investigation being conducted within the Department of Defense (DOD). Authorizes the Director to refer for prosecution any case of sexual misconduct. Requires the Director to report each such referral to the Secretary. Requires each member of the armed forces and employee of DOD who receives an allegation of sexual misconduct to notify the Director. Amends the Federal criminal code to provide criminal penalties to be imposed upon each member of the armed forces or DOD employee who fails to undertake an investigation (if so required) or who receives an allegation of sexual misconduct and fails to notify the Director. Provides lesser penalties for the failure of such members or employees to act on an allegation of civil sexual misconduct. Directs the Secretary to require that the commitment of an employee of DOD or a member of the armed forces to the elimination of sexual harassment in their place of work or duty and at other DOD installations and facilities be one of the factors considered in the preparation of performance evaluations and the determination of the appropriateness of promotions or selection for the receipt of financial performance awards. Prohibits the Secretary and the Secretary of the military department concerned from approving for a financial award or promotion any DOD employee or member of an armed force who: (1) has been convicted of a criminal offense involving sexual misconduct; or (2) has received any other disciplinary or adverse personnel action on the basis of having engaged in sexual misconduct. Directs the Secretary to prescribe regulations that prohibit officers and employees of DOD from retaliating or taking an adverse personnel action against any other officer or employee for reporting sexual misconduct by an officer or employee of DOD or member of the armed forces or for providing information in an investigation or other action relating to an allegation of sexual misconduct. Requires the Secretary of each military department to prescribe similar regulations. Makes violations of such regulations punishable under applicable provisions of the Uniform Code of Military Justice.

A bill to amend title 10, United States Code, to establish within the Office of the Secretary of Defense the position of Director of Special Investigations, and for other purposes.

SECTION 1. EXEMPTION FOR CERTAIN DIVIDENDS PAID BY REGULATED INVESTMENT COMPANIES TO NONRESIDENT ALIENS EXPANDED AND MADE PERMANENT. (a) Exemptions for Certain Dividends Made Permanent.-- (1) Interest-related dividends.--Subparagraph (C) of section 871(k)(1) of the Internal Revenue Code of 1986 is amended by striking clause (v). (2) Capital gain dividends.--Subparagraph (C) of section 871(k)(2) of such Code is amended by striking clause (v). (b) Expansion of Exemption for Interest-Related Dividends.-- (1) In general.--Subparagraph (E) of section 871(k)(1) of such Code is amended by striking clauses (iii) and (iv) and inserting the following new clauses: ``(iii) Any amount referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company) or in subsection (i)(2)(B). ``(iv) Any interest which is exempt from tax under section 103 or any other provision of law without regard to the identity of the holder. ``(v) Any other amount includible in gross income that is determined by reference to an interest rate and that would not be subject to withholding under section 1441 if received by a nonresident alien individual. ``(vi) Any amount includible in gross income from sources without the United States. ``(vii) Any qualified income-related dividend includible in gross income with respect to stock of another regulated investment company.''. (2) Modification of exceptions.--Clause (i) of section 871(k)(1)(B) is amended by striking ``interest (other than interest described in subparagraph (E)(i) or (iii))'' and inserting ``interest described in subparagraph (E)(ii) (and not described in subparagraph (E) (i), (iii), or (iv))''. (3) Conforming amendments.-- (A) Paragraph (1) of section 871(k) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in the text and inserting ``qualified income-related dividend'', (ii) by striking ``qualified net interest income'' each place it appears in the text and inserting ``qualified net income'', (iii) by striking ``qualified interest income'' each place it appears in the text and inserting ``qualified income'', (iv) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends'', (v) by striking ``Interest related dividend'' in the heading of subparagraph (C) and inserting ``Qualified income-related dividend'', (vi) by striking ``Qualified net interest income'' in the heading of subparagraph (D) and inserting ``Qualified net income'', and (vii) by striking ``Qualified interest income'' in the heading of subparagraph (E) and inserting ``Qualified income''. (B) Paragraph (1) of section 881(e) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in subparagraphs (A) and (B) and inserting ``qualified income-related dividend'', (ii) by striking ``interest received'' in subparagraph (B)(ii) and inserting ``interest described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i), (iii), or (iv) of such section) received'', (iii) by striking ``interest-related dividend received'' in subparagraph (C) and inserting ``qualified income-related dividend received from a regulated investment company'', (iv) by striking ``clause (i) or (iii)'' in subparagraph (C) and inserting ``clause (i), (iii), or (iv)'', and (v) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends''. (c) Effective Date.--The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after December 31, 2011.

Amends the Internal Revenue Code, with respect to the tax on nonresident alien individuals, to: (1) make permanent the tax exemption for interest-related dividends and short-term capital gain dividends received from a regulated investment company, and (2) expand the categories of interest-related dividends for which a tax exemption is allowed.

To amend the Internal Revenue Code of 1986 to expand and make permanent rules related to investment by nonresident aliens in domestic mutual funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Aid Reward Act of 2005''. SEC. 2. STUDENT AID REWARD PROGRAM. Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 489 the following: ``SEC. 489A. STUDENT AID REWARD PROGRAM. ``(a) Program Authorized.--The Secretary shall carry out a Student Aid Reward Program to encourage institutions of higher education to participate in the student loan program under this title that is most cost-effective for taxpayers. ``(b) Program Requirements.--In carrying out the Student Aid Reward Program, the Secretary shall-- ``(1) provide to each institution of higher education participating in the student loan program under this title that is most cost-effective for taxpayers, a Student Aid Reward Payment, in an amount determined in accordance with subsection (c), to encourage the institution to participate in that student loan program; ``(2) require each institution of higher education receiving a payment under this section to provide student loans under such student loan program for a period of 5 years after the date the first payment is made under this section; ``(3) where appropriate, require that funds paid to institutions of higher education under this section be used to award students a supplement to such students' Federal Pell Grants under subpart 1 of part A; ``(4) permit such funds to also be used to award need-based grants to lower- and middle-income graduate students; and ``(5) encourage all institutions of higher education to participate in the Student Aid Reward Program under this section. ``(c) Amount.--The amount of a Student Aid Reward Payment under this section shall be not less than 50 percent of the savings to the Federal Government generated by the institution of higher education's participation in the student loan program under this title that is most cost-effective for taxpayers instead of the institution's participation in the student loan program that is not most cost-effective for taxpayers. ``(d) Trigger to Ensure Cost Neutrality.-- ``(1) Limit to ensure cost neutrality.--Notwithstanding subsection (c), the Secretary shall not distribute Student Aid Reward Payments under the Student Aid Reward Program that, in the aggregate, exceed the Federal savings resulting from the implementation of the Student Aid Reward Program. ``(2) Federal savings.--In calculating Federal savings, as used in paragraph (1), the Secretary shall determine Federal savings on loans made to students at institutions of higher education that participate in the student loan program under this title that is most cost-effective for taxpayers and that, on the date of enactment of the Student Aid Reward Act of 2005, participated in the student loan program that is not most cost- effective for taxpayers, resulting from the difference of-- ``(A) the Federal cost of loan volume made under the student loan program under this title that is most cost-effective for taxpayers; and ``(B) the Federal cost of an equivalent type and amount of loan volume made, insured, or guaranteed under the student loan program under this title that is not most cost-effective for taxpayers. ``(3) Distribution rules.--If the Federal savings determined under paragraph (2) is not sufficient to distribute full Student Aid Reward Payments under the Student Aid Reward Program, the Secretary shall-- ``(A) first make Student Aid Reward Payments to those institutions of higher education that participated in the student loan program under this title that is not most cost-effective for taxpayers on the date of enactment of the Student Aid Reward Act of 2005; and ``(B) with any remaining Federal savings after making Student Aid Reward Payments under subparagraph (A), make Student Aid Reward Payments to the institutions of higher education eligible for a Student Aid Reward Payment and not described in subparagraph (A) on a pro-rata basis. ``(4) Distribution to students.--Any institution of higher education that receives a Student Aid Reward Payment under this section-- ``(A) shall distribute, where appropriate, part or all of such payment among the students of such institution who are Federal Pell Grant recipients by awarding such students a supplemental grant; and ``(B) may distribute part of such payment as a supplemental grant to graduate students in financial need. ``(5) Estimates, adjustments, and carry over.-- ``(A) Estimates and adjustments.--The Secretary shall make Student Aid Reward Payments to institutions of higher education on the basis of estimates, using the best data available at the beginning of an academic or fiscal year. If the Secretary determines thereafter that loan program costs for that academic or fiscal year were different than such estimate, the Secretary shall adjust by reducing or increasing subsequent Student Aid Reward Payments rewards paid to such institutions of higher education to reflect such difference. ``(B) Carry over.--Any institution of higher education that receives a reduced Student Aid Reward Payment under paragraph (3)(B), shall remain eligible for the unpaid portion of such institution's financial reward payment, as well as any additional financial reward payments for which the institution is otherwise eligible, in subsequent academic or fiscal years. ``(e) Definition.--In this section: ``(1) Student loan program under this title that is most cost-effective for taxpayers.--The term `student loan program under this title that is most cost-effective for taxpayers' means the loan program under part B or D of this title that has the lowest overall cost to the Federal Government (including administrative costs) for the loans authorized by such parts. ``(2) Student loan program under this title that is not most cost-effective for taxpayers.--The term `student loan program under this title that is not most cost-effective for taxpayers' means the loan program under part B or D of this title that does not have the lowest overall cost to the Federal Government (including administrative costs) for the loans authorized by such parts.''.

Student Aid Reward Act of 2005 - Amends the Higher Education Act of 1965 (HEA) title IV (Student Assistance) to direct the Secretary of Education to carry out a Student Aid Reward (SAR) Program of payments to encourage institutions of higher education (IHEs) to participate in the student loan program under title IV that is most cost-effective for taxpayers. Requires that a SAR payment to an IHE equal at least 50 percent of the savings to the Federal Government generated by the IHE's participation in the most cost-effective student loan program, rather than one not cost-effective for taxpayers. Requires IHEs receiving SAR payments to: (1) provide student loans under that most cost-effective program for five years after the payment date; and (2) use payment funds, where appropriate, to supplement student Pell Grants. Allows such funds to be used also to award need-based grants to lower and middle income graduate students.

A bill to ensure that the Federal student loans are delivered as efficiently as possible, so that there is more grant aid for students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Infant Mortality And Recidivism Reduction Act of 2016'' or the ``SIMARRA Act''. SEC. 2. ESTABLISHMENT. Not later than 270 days after the date of the enactment of this Act, the Director of the Federal Bureau of Prisons (hereinafter referred to as the ``Director'') shall establish a pilot program (hereinafter referred to as the ``Program'') in accordance with this Act to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment in a separate housing wing of the prison. SEC. 3. PURPOSES. The purposes of the Act are to-- (1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by the unborn fetuses of pregnant inmates; (2) reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs; (3) establish female offender risk and needs assessment as the cornerstones of a more effective and efficient Federal prison system; (4) implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide Federal prison officials with a roadmap to address the pre- and post-natal needs of Federal pregnant offenders, manage limited resources, and enhance public safety; (5) perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and (6) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run prison nurseries safely and securely without compromising the scope or quality of the Department's critical health, safety and law enforcement missions. SEC. 4. DUTIES OF THE DIRECTOR OF FEDERAL BUREAU OF PRISONS. (a) In General.--The Director shall carry out this section in consultation with-- (1) a licensed and board-certified gynecologist or obstetrician; (2) the Director of the Administrative Office of the United States Courts; (3) the Director of the Office of Probation and Pretrial Services; (4) the Director of the National Institute of Justice; and (5) the Director of the U.S. Department of Health & Human Services. (b) Duties.--The Director shall, in accordance with subsection (c)-- (1) develop an offender risk and needs assessment system particular to the health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this section; (2) develop recommendations regarding recidivism reduction programs and productive activities in accordance with section 9; (3) conduct ongoing research and data analysis on-- (A) the best practices relating to the use of offender risk and needs assessment tools particular to the health and sensitivities of federally incarcerated pregnant women and mothers; (B) the best available risk and needs assessment tools particular to the health and sensitivities of federally incarcerated pregnant women and mothers and the level to which they rely on dynamic risk factors that could be addressed and changed over time, and on measures of risk of recidivism, individual needs, and responsivity to recidivism reduction programs; (C) the most effective and efficient uses of such tools in conjunction with recidivism reduction programs, productive activities, incentives, and rewards; and (D) which recidivism reduction programs are the most effective-- (i) for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and (ii) for addressing the specific needs of federally incarcerated pregnant women and mothers; (4) on a biennial basis, review the system developed under paragraph (1) and the recommendations developed under paragraph (2), using the research conducted under paragraph (3), to determine whether any revisions or updates should be made, and if so, make such revisions or updates; (5) hold periodic meetings with the individuals listed in subsection (a) at intervals to be determined by the Director; and (6) report to Congress in accordance with section 9. (c) Methods.--In carrying out the duties under subsection (b), the Director shall-- (1) consult relevant stakeholders; and (2) make decisions using data that is based on the best available statistical and empirical evidence. SEC. 5. ELIGIBILITY. An inmate may apply to participate in the Program if the inmate-- (1) is pregnant at the beginning of the term of imprisonment; and (2) is in the custody or control of the Federal Bureau of Prisons. SEC. 6. PROGRAM TERMS. (a) Term of Participation.--To correspond with the purposes and goals of the program to promote bonding during the critical stages of child development, an eligible inmate selected for the Program may participate in the Program, subject to section 7, for the shorter of the inmate's term of imprisonment or 30 months. (b) Inmate Requirements.--For the duration of an inmate's participation in the Program, the inmate shall agree to-- (1) accept the responsibility of child-rearing; (2) participate in any educational or counseling opportunities established by the Director, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse; (3) abide by any court decision regarding the legal or physical custody of the child; (4) transfer to the Federal Bureau of Prisons any child support payments for the infant of the participating inmate from any person or governmental entity; and (5) specify a person who has agreed to take custody of the child if the inmate's participation in the Program terminates before the inmate's release. SEC. 7. TERMINATION OF PARTICIPATION. An inmate's participation in the Program terminates upon the earliest of the following to occur: (1) The inmate is released from prison. (2) The infant fails to meet any medical criteria established by the Director or the Director's designee along with a collective determination of the persons listed in section 4(a). SEC. 8. CONTINUITY OF CARE. The Director shall take appropriate actions to prevent detachment or disruption of either an inmate's or infant's health and bonding- based well-being due to termination of the Program. SEC. 9. REPORTING. (a) In General.--Not later than 6 months after the date of the enactment of this Act and once every year thereafter for 5 years, the Director shall submit a report to the Congress with regards to progress in implementing the Program. (b) Final Report.--Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that contains a detailed statement of the Director's findings and conclusions, including recommendations for legislation, administrative actions, and regulations the Director considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021.

Stop Infant Mortality And Recidivism Reduction Act of 2016 or the SIMARRA Act This bill directs the Bureau of Prisons to establish a pilot program to allow incarcerated women who give birth and children born during such incarceration to reside together in a separate prison housing unit. It sets forth inmate eligibility criteria and program participation requirements.

SIMARRA Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Reauthorization Act of 1997''. SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT. 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 National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. AMENDMENTS TO DEFINITIONS. (a) Sea Grant Institution.--Section 203 (33 U.S.C. 1122) is amended by adding at the end the following new paragraph: ``(16) The term `sea grant institution' means-- ``(A) any sea grant college or sea grant regional consortium, and ``(B) any institution of higher education, institute, laboratory, or State or local agency conducting a sea grant program with amounts provided under this Act.''. (b) Field Related to Ocean, Coastal, and Great Lakes Resources.-- Section 203(4) (33 U.S.C. 1122(4)) is amended to read as follows: ``(4) The term `field related to ocean, coastal, and Great Lakes resources' means any discipline or field, including marine affairs, resource management, technology, education, or science, which is concerned with or likely to improve the understanding, assessment, development, utilization, or conservation of ocean, coastal, and Great Lakes resources.''. (c) Secretary.-- (1) In general.--Section 203(13) (33 U.S.C. 1122(13)) is amended to read as follows: ``(13) The term `Secretary' means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere.''. (2) Conforming amendments.--The Act is amended-- (A) by striking section 203(15) (33 U.S.C. 1122(15)); (B) in section 209(b) (33 U.S.C. 1128(b)), as amended by this Act, by striking ``, the Under Secretary,''; and (C) by striking ``Under Secretary'' every other place it appears and inserting ``Secretary''. SEC. 4. CONSULTATIONS REGARDING LONG-RANGE PLANNING GUIDELINES AND PRIORITIES AND EVALUATION. Section 204(a) (33 U.S.C. 1123(a)) is amended in the last sentence by inserting after ``The Secretary'' the following: ``, in consultation with the sea grant institutions and the panel established under section 209,''. SEC. 5. DUTIES OF DIRECTOR. Section 204(c) (33 U.S.C. 1123(c)) is amended to read as follows: ``(c) Duties of Director.-- ``(1) In general.--The Director shall administer the National Sea Grant College Program subject to the supervision of the Secretary. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall-- ``(A) advise the Secretary with respect to the expertise and capabilities which are available within or through the National Sea Grant College Program, and provide (as directed by the Secretary) those which are or could be of use to other offices and activities within the Administration; ``(B) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the National Sea Grant College Program, on a cooperative or other basis; ``(C) encourage cooperation and coordination with other Federal programs concerned with ocean, coastal, and Great Lakes resources conservation and usage; ``(D) advise the Secretary on the designation of sea grant institutions and, in appropriate cases, if any, on the termination or suspension of any such designation; ``(E) encourage the formation and growth of sea grant programs; and ``(F) oversee the operation of the National Sea Grant Office established under subsection (a). ``(2) Duties with respect to sea grant institutions.--With respect to the sea grant institutions, the Director shall-- ``(A) evaluate the programs of the institutions, using the guidelines and priorities established by the Secretary under subsection (a), to ensure that the objective set forth in section 202(b) is achieved; ``(B) subject to the availability of appropriations, allocate funding among the sea grant institutions so as to-- ``(i) promote healthy competition among those institutions, ``(ii) promote successful implementation of the programs developed by the institutions under subsection (e), and ``(iii) to the maximum extent consistent with the other provisions of this subparagraph, provide a stable base of funding for the institutions; and ``(C) ensure compliance by the institutions with the guidelines for merit review published pursuant to section 207(b)(2).''. SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS. Section 204 (33 U.S.C. 1123) is amended by adding at the end the following new subsection: ``(e) Duties of the Sea Grant Institutions.--Subject to any regulations or guidelines promulgated by the Secretary, it shall be the responsibility of each sea grant institution to-- ``(1) develop and implement, in consultation with the Secretary and the panel established under section 209, a program that is consistent with the guidelines and priorities developed under section 204(a); and ``(2) conduct merit review of all applications for project grants or contracts to be awarded under section 205.''. SEC. 7. SEA GRANT INTERNATIONAL PROGRAM. (a) Amendment.--Section 3(a) of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 1124a(a)) is amended in paragraph (6), by striking ``living marine resources'' and all that follows through the end of the paragraph and inserting ``living marine resources.''. (b) Program Sunset.-- (1) Repeal.--Section 3 of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 1124a) is repealed. (2) Conforming amendment.--Section 209(b)(1) (33 U.S.C. 1128(b)(1)) is amended by striking ``and section 3 of the Sea Grant Program Improvement Act of 1976''. (3) Effective date.--This subsection shall take effect October 1, 2000. SEC. 8. DESIGNATION OF SEA GRANT INSTITUTIONS. Section 207 (33 U.S.C. 1126) is amended to read as follows: ``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. ``(a) Designation.--The Secretary may designate an institution of higher learning as a sea grant college, and an association or alliance of two or more persons as a sea grant regional consortium, if the institution, association, or alliance-- ``(1) is maintaining a balanced program of research, education, training, and advisory services in fields related to ocean, coastal, and Great Lakes resources; ``(2) will cooperate with other sea grant institutions and other persons to solve problems or meet needs relating to ocean, coastal, and Great Lakes resources; ``(3) will act in accordance with such guidelines as are prescribed under subsection (b)(2); ``(4) meets such other qualifications as the Secretary, in consultation with the sea grant review panel established under section 209, considers necessary or appropriate; and ``(5) is recognized for excellence in marine resources development and science. ``(b) Regulations and Guidelines.-- ``(1) In general.--The Secretary shall by regulation prescribe the qualifications required to be met under subsection (a)(4). ``(2) Merit review.--Within 6 months after the date of enactment of the National Sea Grant College Program Reauthorization Act of 1997, the Secretary, after consultation with the sea grant institutions, shall establish guidelines for the conduct of merit review by the sea grant institutions of project proposals for grants and contracts to be awarded under section 205. The guidelines shall, at a minimum, provide for peer review of all research projects and require standardized documentation of all peer review. ``(c) Suspension or Termination of Designation.--The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a).''. SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS. (a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C. 1131(a)) is amended to read as follows: ``(a) Authorization.-- ``(1) In general.--There is authorized to be appropriated to carry out this Act-- ``(A) $55,300,000 for fiscal year 1998; ``(B) $56,400,000 for fiscal year 1999; and ``(C) $57,500,000 for fiscal year 2000. ``(2) Zebra mussel and oyster research.--Of the amount authorized for a fiscal year under paragraph (1)-- ``(A) up to $2,800,000 of the amount may be made available as provided in section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) for competitive grants for university research on the zebra mussel; and ``(B) up to $3,000,000 of the amount may be made available for competitive grants for university research on oyster diseases and oyster-related human health risks.''. (b) Administration.--Section 212(b) (33 U.S.C. 1131(b)) is amended-- (1) by striking so much as precedes paragraph (2) and inserting the following: ``(b) Administration.-- ``(1) Limitation.--Of the amount appropriated for each fiscal year under subsection (a), an amount, not exceeding 5 percent of the lesser of the amount authorized under subsection (a) for the fiscal year or the amount appropriated under subsection (a) for the fiscal year, may be used for the administration of this Act, including section 209, by the National Sea Grant Office and the Administration.''; (2) in paragraph (2)-- (A) by striking ``subsections (a) and (c)'' and inserting ``subsection (a)''; and (B) by striking ``(2)'' and inserting ``(2) Limitation on use of other amounts.--''; and (3) by moving paragraph (2) 2 ems to the right, so that the left margin of paragraph (2) is aligned with the left margin of paragraph (1), as amended by paragraph (1) of this subsection. (c) Repeal.--Section 212 (33 U.S.C. 1131) is amended by repealing subsection (c) and redesignating subsections (d) and (e) in order as subsections (c) and (d). (d) Prohibition on Lobbying; Notice of Reprogramming or Reorganization.--Section 212 (33 U.S.C. 1131), as amended by subsection (c) of this section, is further amended by adding at the end the following: ``(e) Prohibition of Lobbying Activities.--None of the funds authorized by this section shall be available for any activity whose purpose is to influence legislation pending before the Congress, except that this subsection shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. ``(f) Notice of Reprogramming.--If any funds authorized by this section are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science and Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(g) Notice of Reorganization.--The Secretary shall provide notice to the Committees on Science, Resources, and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 15 days before any major reorganization of any program, project, or activity of the National Sea Grant College Program.''. SEC. 10. CLERICAL, CONFORMING, AND TECHNICAL AMENDMENTS. (a) Clerical Amendments.-- (1) Section 203(3) (33 U.S.C. 1122(3)) is amended by striking ``the term'' and inserting ``The term''. (2) Section 203(6) (33 U.S.C. 1122(6)) is amended by moving subparagraph (F) 2 ems to the right, so that the left margin of subparagraph (F) is aligned with the left margin of subparagraph (E). (3) The heading for section 204 (33 U.S.C. 1124) is amended to read as follows: ``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.''. (4) Section 209 (33 U.S.C. 1128) is amended by striking all of the matter that follows the first full sentence through ``shall advise'', and inserting ``(b) Duties.--The panel shall advise''. (5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is amended by striking ``or section 206''. (6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is amended-- (A) by striking ``five positions'' and inserting ``one position''; and (B) by striking ``the maximum rate for GS-18 of the General Schedule under section 5332'' and inserting ``a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376''. (b) Conforming Amendments.-- (1) Section 204(b)(2) (33 U.S.C. 1123(b)(2)) is amended by striking ``maximum rate for GS-18'' and all that follows through the end of the sentence and inserting ``maximum rate payable under section 5376 of title 5, United States Code.''. (2) Section 209 (33 U.S.C. 1128) is amended-- (A) in subsection (b)(3) by striking ``colleges and sea grant regional consortia'' and inserting ``institutions''; and (B) in subsection (c)(1) in the last sentence in clause (A) by striking ``college, sea grant regional consortium,'' and inserting ``institution''. (c) Technical Amendment.--Section 209(c)(5)(A) (33 U.S.C. 1128(c)(5)(A)) is amended by striking ``the daily rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code'' and inserting ``a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5, United States Code''. SEC. 11. BUY AMERICAN. (a) Compliance With Buy American Act.--No funds appropriated pursuant to section 212(a), as amended by 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''). (b) Sense of Congress.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under section 212(a), as amended by this Act, it is the sense of Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (c) Notice to Recipients of Assistance.--In providing financial assistance under section 212(a), as amended by 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. Passed the House of Representatives June 18, 1997. Attest: ROBIN H. CARLE, Clerk. By Ray Strong, Assistant to the Clerk.

National Sea Grant College Program Reauthorization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Changes the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Revises sea grant international program provisions relating to regional collaboration to remove all references to named regions. Revises requirements for designating sea grant colleges and consortia and authorizes, for cause and after an opportunity for hearing, designation suspension or termination. Authorizes appropriations to carry out the Act. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds authorized or appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Mandates notice to specified congressional committees of any reprogramming of funds authorized by this Act and of any major reorganization. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel. Prohibits any entity from expending funds appropriated under this Act unless the entity agrees to comply with a specified Federal law popularly known as the Buy American Act. Declares that it is the sense of the Congress that, in expending assistance under the National Sea Grant College Program Act, entities receiving the assistance should purchase only American-made equipment and products.

National Sea Grant College Program Reauthorization Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Atlantic Energy Security Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Ocean Energy Management. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Qualified revenues.--The term ``qualified revenues'' means all bonus bids, rentals, and royalties (and other sums) due and payable to the United States from all leases entered into after the date of enactment of this Act that cover an area in the South Atlantic planning area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) South atlantic planning area.--The term ``South Atlantic planning area'' means the area of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) that is located between the northern lateral seaward administrative boundary of the Commonwealth of Virginia and the southernmost lateral seaward administrative boundary of the State of Georgia. (6) State.--The term ``State'' means any of the following States: (A) Georgia. (B) North Carolina. (C) South Carolina. (D) Virginia. SEC. 3. PRESERVING COASTAL VIEWSHEDS. (a) In General.--Prior to conducting a lease sale authorized under this Act that would offer leases within 30 nautical miles of the coastline, the Secretary shall consult with the Governor of each potentially affected State to establish appropriate lease stipulations for the management of the surface occupancy of the areas between the coastline and 30 nautical miles to mitigate any potential concerns regarding impacts to coastal viewsheds. (b) Considerations for Production Facilities.--The Secretary and the State shall consider-- (1) restricting the installation of permanent surface production facilities above the waterline for the purpose of production of oil or gas resources in any area that is within 12 nautical miles seaward from the coastline of the State; (2) allowing only subsurface production facilities to be installed in areas that are located between the point that is 12 nautical miles from seaward from the coastline of the State and the point that is 30 nautical miles seaward from the coastline of the State. (c) Development and Production Plan Approval.--If permanent surface facilities are proposed to be installed within 30 nautical miles of the coastline, the Secretary shall not grant approval of the development and production plan unless it is determined that the facility is designed so that the impacts on coastal viewsheds are minimized, to the maximum extent practicable. (d) Onshore Access to Leases Not Restricted.--Notwithstanding any other provision of this section, onshore facilities associated with the drilling, development, and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a State are allowed. (e) Temporary Activities Not Affected.--Nothing described in subsection (a), (b), or (c) restricts, or gives the States authority to restrict, temporary surface activities related to operations associated with outer Continental Shelf oil and gas leases. SEC. 4. 2017-2022 LEASING PROGRAM. The Secretary shall-- (1) include the South Atlantic planning area in the outer Continental Shelf leasing program for fiscal years 2017 through 2022 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); and (2) conduct in the South Atlantic planning area-- (A) 1 lease sale during fiscal year 2021; and (B) 2 lease sales during fiscal year 2022. SEC. 5. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS. (a) In General.--In recognition that the outer Continental Shelf oil and gas leasing program and the domestic energy resources produced under the program are integral to national security, the Secretary and the Secretary of Defense shall work jointly in implementing lease sales under this Act-- (1) to preserve the ability of the Armed Forces of the United States to maintain an optimum state of readiness through continued use of the outer Continental Shelf; and (2) to allow effective exploration, development, and production of the oil, gas, and renewable energy resources of the United States. (b) Prohibition on Conflicts With Military Operations.-- (1) In general.--The Secretary shall not make any tract available for lease under this Act if the President, in consultation with the Committees on Armed Services of the Senate and the House of Representatives, determines that the lease of that tract would conflict with military operations relating to national security. (2) Actions by persons.--No person may engage in any exploration, development, or production of oil or natural gas on the outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with-- (A) the agreement entitled ``Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf'' and dated July 20, 1983; and (B) any revision or replacement for the agreement described in subparagraph (A) that is agreed to by the Secretary of Defense and the Secretary during the period beginning on July 21, 1983, and ending on the day before the date of issuance of the lease under which the exploration, development, or production is conducted. SEC. 6. DISPOSITION OF REVENUES. (a) In General.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), for each of fiscal years 2017 through 2022, the Secretary shall deposit-- (1) 50 percent of any qualified revenues in the general fund of the Treasury; and (2) 50 percent of any qualified revenues in a special account in the Treasury from which the Secretary shall disburse amounts to the States in accordance with subsection (b). (b) Allocation to States.-- (1) In general.--Subject to paragraphs (2) and (3), effective for each of fiscal years 2017 through 2022, the Secretary of the Treasury shall allocate the qualified revenues described in subsection (a)(2) to each State in amounts (based on a formula established by the Secretary, by regulation) that are inversely proportional to the respective distances between-- (A) the point on the coastline of each State that is closest to the geographical center of the applicable leased tract; and (B) the geographical center of that leased tract. (2) Minimum allocation.--The amount allocated to a State for each fiscal year under paragraph (1) shall be not less than 10 percent of the amounts available under subsection (a)(2). (3) Mandate.--Of the amounts received by a State under paragraph (1), the State shall use, at the discretion of the Governor of the State-- (A) 10 percent-- (i) to enhance State land and water conservation efforts; (ii) to improve State public transportation projects; (iii) to establish alternative, renewable, and clean energy production and generation within each State; and (iv) to enhance beach nourishment and costal dredging; (B) 2.5 percent to enhance geological and geophysical education for the energy future of the United States in accordance with section 7. SEC. 7. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S ENERGY FUTURE. (a) In General.--The Secretary, acting through the Director, shall partner with institutions of higher education selected under subsection (c) to facilitate the practical study of geological and geophysical sciences of areas on the Atlantic region of the outer Continental Shelf and elsewhere on the Continental Shelf of the United States. (b) Focus.--Activities conducted by institutions of higher education under this section shall focus all geological and geophysical scientific research on obtaining a better understanding of hydrocarbon potential in the South Atlantic planning area while fostering the study of the geological and geophysical sciences at institutions of higher education in the United States. (c) Selection of Institutions.-- (1) Selection.--Not later than 180 days after the date of enactment of this Act, the Governor of each State may nominate for participation in a partnership-- (A) 1 institution of higher education located in the State; and (B) 1 institution of higher education that is a historically Black college or university (as defined in section 631(a) of the Higher Education Act of 1965 (20 U.S.C. 1132(a))) located in the State. (2) Preference.--In making nominations under paragraph (1), each Governor shall give preference to those institutions of higher education that-- (A) demonstrate a vigorous rate of admissions of veterans of the Armed Forces of the United States; and (B) meet the criteria described in paragraph (3). (3) Criteria.--The Governor shall select as a partner any institution of higher education nominated under paragraph (1) that the Governor determines demonstrates excellence in 1 or more of the following criteria: (A) Geophysical sciences curriculum. (B) Engineering curriculum. (C) Information technology or other technical studies related to seismic research, including data processing. (d) Research Authority.-- (1) In general.--Except as provided in paragraph (2), an institution of higher education selected under subsection (c)(3) may conduct research under this section on the expiration of the 30-day period beginning on the date on which the institution of higher education submits to the South Atlantic Regional Director of the Bureau of Ocean Energy Management a notice of the research. (2) Permit required.--An institution of higher education may not conduct research under this section that uses any solid or liquid explosive, except as authorized by a permit issued by the Director. (e) Data.-- (1) In general.--The geological and geophysical activities conducted under this section-- (A) shall be considered to be scientific research and data produced by the activities; (B) shall not be used or shared for commercial purposes; (C) shall not be produced for proprietary use or sale; and (D) shall be made available by the Director to the public. (2) Submission of data to boem.--Not later than 60 days after completion of initial analysis of data collected under this section by an institution of higher education selected under subsection (c)(3), the institution of higher education shall share with the Director any data collected requested by the Director. (3) Fees.--The Director may not charge any fee for the provision of data produced in research under this section, other than a data reprocessing fee to pay the cost of duplicating the data. (f) Report.--Not less frequently than once every 180 days, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the data derived from partnerships under this section. SEC. 8. ATLANTIC REGIONAL OFFICE. Not later than the last day of the outer Continental Shelf leasing program for fiscal years 2012 through 2017 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director shall establish an Atlantic regional office in an area that is-- (1) included in the outer Continental Shelf leasing program for fiscal years 2017 through 2022 prepared under section 18 of that Act (43 U.S.C. 1344); and (2) determined by the Director to have the highest potential for resource development.

Southern Atlantic Energy Security Act Directs the Department of the Interior, before conducting a lease sale that would offer leases within 30 nautical miles of the coastline, to consult with the governor of each potentially affected state to establish lease stipulations for the management of the surface occupancy of the areas between the coastline and 30 nautical miles to mitigate potential concerns regarding impacts to coastal viewsheds. Prescribes formal considerations for production facilities. Prohibits Interior from approving a development and production plan if permanent surface facilities are proposed within 30 nautical miles of the coastline, unless the facilities are designed to minimize the impacts upon coastal viewsheds. Permits onshore facilities associated with the drilling, development, and production of the oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of the coastline of a state. Requires Interior to include the South Atlantic planning area in the outer Continental Shelf (OCS) leasing program for FY2017-FY2022, and conduct in that area one lease sale during FY2021 and two during FY2022. Directs Interior and the Department of Defense to implement lease sales jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allow effective exploration, development, and production of U.S. oil, gas, and renewable energy resources. Prohibits: (1) Interior from making any tract available for lease if the President, in consultation with certain congressional committees, determines that leasing that tract would conflict with military operations relating to national security; and (2) exploration, development, or production of oil or natural gas on the OCS that would conflict with military operations set forth in specified documents. Requires deposit of 50% of qualified revenues into the general fund of the Treasury and 50% into a special Treasury account for allocation to certain states for: enhancing land and water conservation efforts; improving state public transportation projects; establishing alternative, renewable, and clean energy production and generation; enhancing beach nourishment and coastal dredging; and enhancing geological and geophysical education for the energy future of the U.S. Requires Interior, acting through the Bureau of Ocean Energy Management (BOEM), to partner with certain institutions of higher education to facilitate the study of geological and geophysical sciences on the Atlantic OCS and elsewhere on the U.S. Continental Shelf. Authorizes the governor of each state to nominate institutions of higher education located in the state for participation in such a partnership: (1) including one historically Black college or university, and (2) giving preference to those that demonstrate a vigorous rate of admissions of veterans of the Armed Forces. Requires the BOEM Director to establish an Atlantic regional office in an area included in the OCS leasing program for FY2017-FY2022 that has the highest potential for resource development.

Southern Atlantic Energy Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Telehealth Access in Medicare Act'' or the ``ITAM Act''. SEC. 2. INCLUSION OF ADDITIONAL TELEHEALTH SERVICES IN MEDICARE ADVANTAGE ORGANIZATION BIDS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended-- (1) in subsection (a)(1)(B)(i), by adding at the end the following new sentence: ``For plan year 2020 and each subsequent plan year, for purposes of subsection (m) and section 1854, in the case that an MA plan makes an election described in subsection (m)(1) with respect to such plan year, additional telehealth services shall be treated as a benefit under the original medicare fee-for-service program option with respect to such plan and plan year.''; and (2) by adding at the end the following new subsection: ``(m) Provision of Additional Telehealth Services.-- ``(1) MA plan option.--For purposes of subsection (a)(1)(B)(i), an election described in this paragraph, with respect to an MA plan and plan year, is an election by the sponsor of such plan to provide under the plan for such plan year, in accordance with the subsequent provisions of this subsection, additional telehealth services (as defined in paragraph (2)) as a benefit under the original medicare fee- for-service program option. Such additional telehealth services, with respect to a plan year, shall be in addition to benefits included under the original medicare fee-for-service program option for such year. ``(2) Additional telehealth services defined.-- ``(A) In general.--For purposes of this subsection and section 1854, the term `additional telehealth services' means, subject to subparagraph (C), services, with respect to a year-- ``(i) for which payment may be made under part B (without regard to application of section 1834(m)); ``(ii) that, if furnished via a telecommunications system, would not be payable under section 1834(m); ``(iii) furnished using electronic information and telecommunications technology; ``(iv) furnished in accordance with such requirements as the Secretary specifies pursuant to paragraph (3); and ``(v) which are identified for such year by the Secretary as appropriate to furnish using electronic information and telecommunications technology where a physician (as defined in section 1861(r)) or practitioner (described in section 1842(b)(18)(C)) furnishing the service is not at the same location as the plan enrollee. ``(B) Flexibility for phasing in identifications.-- In making identifications under subparagraph (A)(v), the Secretary shall make such identifications annually and may make such identifications in a manner that results in additional telehealth services being phased in, as determined appropriate by the Secretary. ``(C) Exclusion of capital and infrastructure costs and investments.--For purposes of this subsection and section 1854, the term `additional telehealth services' does not include capital and infrastructure costs and investments relating to such benefits provided pursuant to this subsection. ``(3) Requirements for additional telehealth services.--The Secretary shall specify requirements for the provision of additional telehealth services with respect to-- ``(A) qualifications (other than licensure) of physicians and practitioners who furnish such services; ``(B) the technology used in furnishing such services; ``(C) factors necessary for coordination of additional telehealth services with other services; and ``(D) such other criteria (such as clinical criteria) as determined by the Secretary. ``(4) Enrollee choice.--An MA plan that provides a service as an additional telehealth service may not, when furnished without use of electronic information and telecommunications technology, deny access to the equivalent in-person service. ``(5) Construction.-- ``(A) In general.--In determining if an MA organization or MA plan, as applicable, is in compliance with each requirement specified in subparagraph (B), such determination shall be made without regard to any additional telehealth services covered by the plan offered by such organization or plan pursuant to this subsection. ``(B) Requirements specified.--The requirements specified in this subparagraph are the following: ``(i) The requirements under subsection (d). ``(ii) The requirement under subsection (a)(1) with respect to covering benefits under the original medicare fee-for-service program option, as defined in the first sentence of paragraph (B)(i) of such subsection.''. (b) Inclusion of Additional Telehealth Services in MA Organization Bid Amount.--Section 1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)(A)(ii)(I)) is amended by inserting ``, including, for plan year 2020 and subsequent plan years, the provision of such benefits through the use of additional telehealth services under section 1852(m)'' before the semicolon at the end. SEC. 3. USE OF TELECOMMUNICATIONS SYSTEMS IN FURNISHING CHRONIC CARE MANAGEMENT SERVICES. Section 1848(b)(8) of the Social Security Act (42 U.S.C. 1395(b)(8)) is amended by adding at the end the following new subparagraph: ``(C) Clarification.--In carrying out this paragraph, with respect to chronic care management services, the Secretary may, subject to subparagraph (B), make payment for such services furnished through the use of secure messaging, Internet, store and forward technologies, or other non-face-to-face communication methods determined appropriate by the Secretary.''. SEC. 4. SENSE OF CONGRESS REGARDING PARITY OF TELEHEALTH SERVICES. It is the sense of Congress that there should be-- (1) parity, with respect to access to telehealth, between the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act and the Medicare Advantage program under part C of such title; and (2) access to medically appropriate, quality telehealth for all Medicare beneficiaries. SEC. 5. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``during and after fiscal year 2021, $270,000,000'' and inserting ``during and after fiscal year 2021, $325,000,000''.

Increasing Telehealth Access in Medicare Act or the ITAM Act This bill allows Medicare Advantage organizations to include additional telehealth services as basic benefits in their annual bids beginning in plan year 2020. The bill also permits payment under Medicare for chronic care management services that use specified telecommunication technologies. The bill increases funding available to the Medicare Improvement Fund.

Increasing Telehealth Access in Medicare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Rural America Act''. SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (a), by striking ``loans and'' and inserting ``grants, loans, and''; (2) in subsection (b)(2), by striking ``5 percent'' and inserting ``15 percent''; (3) in subsection (c)-- (A) in the subsection heading, by striking ``Loans and'' and inserting ``Grants, Loans, and''; (B) in paragraph (1), by inserting ``make grants and'' after ``Secretary shall''; (C) in paragraph (2)-- (i) by inserting ``making grants and'' after ``In''; and (ii) by inserting ``poor and remote'' after ``priority to''; and (D) by adding at the end the following: ``(3) Grant amounts.-- ``(A) Maximum.--Except as otherwise provided in subparagraph (C), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. ``(B) Grant rate.--The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- ``(i) remote locations; ``(ii) low community populations; ``(iii) low income levels; and ``(iv) developed the applications of the communities with the participation of combinations of stakeholders including-- ``(I) State, local, and tribal governments; ``(II) nonprofit institutions; ``(III) institutions of higher education; ``(IV) private entities; and ``(V) philanthropic organizations. ``(C) Waiver authority.--The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that a waiver of subparagraph (A) would best serve the purpose of the program under this section.''; (4) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or''; (ii) by striking ``a loan application'' each place it appears in clauses (ii) and (iii) and inserting ``an application''; and (iii) in clause (iii), by striking ``proceeds from the loan made or guaranteed under this section are'' and inserting ``assistance under this section is''; (B) in paragraph (2)(A), in the matter preceding clause (i)-- (i) by striking ``the proceeds of a loan made or guaranteed'' and inserting ``assistance''; and (ii) by striking ``for the loan or loan guarantee'' and inserting ``of the eligible entity''; (C) by striking ``loan or'' each place it appears in paragraphs (2)(B), (3)(A), (4), (5), and (6) and inserting ``grant, loan, or''; (D) in paragraph (7), by striking ``a loan application'' and inserting ``an application''; and (E) by adding at the end the following: ``(8) Transparency and reporting.--The Secretary-- ``(A) shall require any entity receiving assistance under this section to submit quarterly, in a format specified by the Secretary, a report that describes-- ``(i) the use by the entity of the assistance; and ``(ii) the progress towards fulfilling the objectives for which the assistance was granted; ``(B) shall maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains, at a minimum-- ``(i) a list of each entity that has applied for assistance under this section; ``(ii) a description of each application, including the status of each application; ``(iii) for each entity receiving assistance under this section-- ``(I) the name of the entity; ``(II) the type of assistance being received; ``(III) the purpose for which the entity is receiving the assistance; and ``(IV) each quarterly report submitted in accordance with subparagraph (A); and ``(iv) such other information as is sufficient to allow the public to understand and monitor assistance provided under this section; ``(C) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Secretary, and award those funds competitively to new or existing applicants consistent with this section; and ``(D) may establish additional reporting and information requirements for any recipient of any assistance under this section so as to ensure compliance with this section.''; (5) in subsection (f), by striking ``make a loan or loan guarantee'' and inserting ``provide assistance''; (6) in subsection (i)-- (A) by inserting ``grant or'' after ``proceeds of any''; and (B) by inserting ``grant or'' after ``recipient of the''; (7) in subsection (j)-- (A) in the matter preceding paragraph (1), by striking ``loan and loan guarantee''; (B) in paragraph (1), by inserting ``grants and'' after ``number of''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``loan''; and (ii) in subparagraph (B), by striking ``loans and'' and inserting ``grants, loans, and''; and (D) in paragraph (3), by striking ``loan''; (8) in subsection (k)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (1) the following: ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of grants, loans, and loan guarantees to carry out this section $20,000,000 for each of fiscal years 2013 through 2017, to remain available until expended.''; and (C) in paragraph (2) (as redesignated by subparagraph (A))-- (i) by striking ``There is'' and inserting ``In addition to funds otherwise made available under this subsection, there is''; and (ii) by striking ``2012'' and inserting ``2017''; and (9) in subsection (l), by striking ``2012'' and inserting ``2017''.

Connecting Rural America Act - Amends the Rural Electrification Act of 1936 to include grants in the rural broadband loan program. Limits grants to not more than 50% of a project's development costs, with a waiver for up to 75% of such costs. Provides higher grant rates for communities that are small, remote, high poverty, and working with specified stakeholders. Authorizes appropriations for the program.

A bill to amend the Rural Electrification Act of 1936 to improve the program of access to broadband telecommunications services in rural areas.

SECTION 1. TRANSFER OF PROPERTY. (a) Property Transfer.--If the State of Florida transfers all right, title, and interest of that State in and to the property described in subsection (b)(1), the Secretary of the Interior shall immediately thereafter transfer to the State of Florida all right, title, and interest of the United States in and to the property described in subsection (b)(2). (b) Property Descriptions.-- (1) Florida state property.--The property which the Secretary is authorized to accept from the State of Florida pursuant to subsection (a) is described as follows: Commencing at the Northwest corner of Section 35, Township 55 South, Range 40 East, Tallahassee Meridian; thence Easterly 1,978.35 feet, more or less, along the North line of said Section 35 to a point on the center line of Old Cutler Road, as shown on Sheet 11, of 14 sheets of Part three of the drawings titled, Metropolitan Dade County, Florida, Bulkhead Line, and recorded in Plat Book No. 74, page 3 of the Public Records of Dade County, Florida, dated February 23, 1962; thence Southwesterly along the center line of said Old Cutler Road 2,700 feet, more or less, to the point of intersection with the center line of S.W. 176 Street; thence Easterly along the extension of the center line of S.W. 176 Street bearing North 87 deg.39'08'' East, 900 feet, more or less, to the Mean High Water Line of Biscayne Bay; thence continuing North 87 deg.38'08'' East to the East Line of the S.W. \1/4\ of said Section 35; thence South 80 deg.53'53'' East 30,000 feet, more or less, to a point on the East line of the Intracoastal Waterway; thence Northeasterly along the Intracoastal Waterway 28,950 feet, more or less, to a point of intersection of Latitude 25 deg.40'16'' North and the point of beginning; thence Northeasterly along the Intracoastal Waterway 206 feet, more or less, to the intersection of Latitude 25 deg.40'18'' North; thence East along said Latitude 25 deg.40'18'' North 6,455 feet, more or less, to a point on the Southwest side of a cable area lying generally South of Cape Florida (said cable area shown on the National Oceanic and Atmospheric Administration Nautical Chart 11,451); thence Southeasterly along the Southwest side of the cable area 225 feet, more or less, to the intersection of Latitude 25 deg.40'16'' North; thence West along said Latitude 25 deg.40'16'' North 6,600 feet, more or less, to the point of beginning. (2) Federal property.--The property which the Secretary is authorized to transfer to the State of Florida pursuant to subsection (a) is described as follows: #1 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 41 deg.57' East; Fowey Rocks Light bears South 56 deg.58' East; Center of Soldier Key bears South 19 deg.46' East. #2 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 55 deg.27' East; Fowey Rocks Light bears South 52 deg.29' East; Center of Soldier Key bears South 17 deg.12' East. #3 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 55 deg.27' East; Fowey Rocks Light bears South 52 deg.29' East; Center of Soldier Key bears South 17 deg.12' East. #4 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 41 deg.47' East; Fowey Rocks Light bears South 47 deg.55' East; Center of Soldier Key bears South 7 deg.53' East. #5 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 42 deg.20' East; Fowey Rocks Light bears South 51 deg.41' East; Center of Soldier Key bears South 10 deg.01' East. #6 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 38 deg.12' East; Fowey Rocks Light bears South 47 deg.09' East; Center of Soldier Key bears South 6 deg.26' East. #7 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 45 deg.06' East; Fowey Rocks Light bears South 45 deg.48' East; Center of Soldier Key bears South 5 deg.58' East. #8 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 35 deg.44' East; Fowey Rocks Light bears South 51 deg.07' East; Center of Soldier Key bears South 10 deg.03' East. #9 The site is a circular, approximate one-half acre, parcel of sovereignty land in Biscayne Bay with a radius of 83.25 feet. The center of said parcel is located by the following bearings: Cape Florida Lighthouse bears North 53 deg.47' East; Fowey Rocks Light bears South 48 deg.15' East; Center of Soldier Key bears South 10 deg.50' East. SEC. 2. ADJUSTMENT OF PARK BOUNDARIES. Property transferred to the United States pursuant to section 1 shall become, and be administered as, part of Biscayne National Park. As soon as practicable after such property is transferred to the Secretary, the Secretary shall adjust the boundaries of the Park to include such property.

Directs the Secretary of the Interior, upon transfer by the State of Florida of all rights and interest to specified Florida lands, to transfer to Florida immediately all U.S. rights and interest to specified lands in the area of Biscayne Bay, Florida.Makes the property transferred to the United States part of Biscayne National Park, requiring appropriate Park boundary adjustments.

To direct the Secretary of the Interior to make certain adjustments to the boundaries of Biscayne National Park in the State of Florida, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Renewable Energy with Shared Solar Act of 2015''. SEC. 2. PROVISION OF INTERCONNECTION SERVICE AND NET BILLING SERVICE FOR COMMUNITY SOLAR FACILITIES. (a) In General.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Community solar facilities.-- ``(A) Definitions.--In this paragraph: ``(i) Community solar facility.--The term `community solar facility' means a solar photovoltaic system that-- ``(I) allocates electricity to multiple individual electric consumers of an electric utility; ``(II) has a nameplate rating of 2 megawatts or less; and ``(III) is-- ``(aa) owned by the electric utility, jointly owned, or third-party-owned; ``(bb) connected to a local distribution facility of the electric utility; and ``(cc) located on or off the property of a consumer of the electricity. ``(ii) Interconnection service.--The term `interconnection service' means a service provided by an electric utility to an electric consumer, in accordance with the standards described in paragraph (15), through which a community solar facility is connected to an applicable local distribution facility. ``(iii) Net billing service.--The term `net billing service' means a service provided by an electric utility to an electric consumer through which electric energy generated for that electric consumer from a community solar facility may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. ``(B) Requirement.--On receipt of a request of an electric consumer served by the electric utility, each electric utility shall make available to the electric consumer interconnection service and net billing service for a community solar facility.''. (b) Compliance.-- (1) Time limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d).''. (2) Failure to comply.-- (A) In general.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended-- (i) by striking ``such paragraph (14)'' and all that follows through ``paragraphs (16)'' and inserting ``such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16)''; and (ii) by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20).''. (B) Technical correction.-- (i) In general.--Section 1254(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 971) is amended by striking paragraph (2). (ii) Treatment.--The amendment made by paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 971) (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if those amendments had not been enacted. (3) Prior state actions.-- (A) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (B) Cross-reference.--Section 124 of the Public Utility Regulatory Policy Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20).''.

Promoting Renewable Energy with Shared Solar Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require an electric utility, upon the request of an electric consumer, to make available to the consumer interconnection service and net billing service for a solar photovoltaic system allocating electricity to multiple individual electric consumers of the utility and meeting other specified characteristics (community solar facility). Each state regulatory authority and each nonregulated utility must, within specified time limitations, commence consideration of and finally determine ratemaking standards. The bill makes conforming technical amendments to the Energy Policy Act of 2005. Certain ratemaking time limitations set out in PURPA, and requirements in case of a failure to comply with them, shall not apply in the case of any electric utility in a state if before enactment of this Act: the state has implemented the standard under this Act (or a comparable one) for the electric utility; the state regulatory authority or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable one) for the electric utility; or the state legislature has voted on the implementation of the standard (or a comparable one).

Promoting Renewable Energy with Shared Solar Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Semipostal Authorization Act''. SEC. 2. AUTHORITY TO ISSUE SEMIPOSTALS. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 416. Authority to issue semipostals ``(a) Definitions.--For purposes of this section-- ``(1) the term `semipostal' means a postage stamp which is issued and sold by the Postal Service, at a premium, in order to help provide funding for a cause described in subsection (b); and ``(2) the term `agency' means an Executive agency within the meaning of section 105 of title 5. ``(b) Discretionary Authority.--The Postal Service is hereby authorized to issue and sell semipostals under this section in order to advance such causes as the Postal Service considers to be in the national public interest and appropriate. ``(c) Rate of Postage.--The rate of postage on a semipostal issued under this section shall be established by the Governors, in accordance with such procedures as they shall by regulation prescribe (in lieu of the procedures under chapter 36), except that-- ``(1) the rate established for a semipostal under this section shall be equal to the rate of postage that would otherwise regularly apply, plus a differential of not to exceed 25 percent; and ``(2) no regular rates of postage or fees for postal services under chapter 36 shall be any different from what they otherwise would have been if this section had not been enacted. The use of any semipostal issued under this section shall be voluntary on the part of postal patrons. ``(d) Amounts Becoming Available.-- ``(1) In general.--The amounts becoming available from the sale of a semipostal under this section shall be transferred to the appropriate agency or agencies under such arrangements as the Postal Service shall by mutual agreement with each such agency establish. ``(2) Identification of appropriate causes and agencies.-- Decisions concerning the identification of appropriate causes and agencies to receive amounts becoming available from the sale of a semipostal under this section shall be made in accordance with applicable regulations under subsection (e). ``(3) Determination of amounts.-- ``(A) In general.--The amounts becoming available from the sale of a semipostal under this section shall be determined in a manner similar to that provided for under section 414(c)(2) (as in effect on July 1, 2000). ``(B) Administrative costs.--Regulations under subsection (e) shall specifically address how the costs incurred by the Postal Service in carrying out this section shall be computed, recovered, and kept to a minimum. ``(4) Other funding not to be affected.--Amounts which have or may become available from the sale of a semipostal under this section shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished to an agency in any year. ``(5) Recovery of costs.--Before transferring to an agency in accordance with paragraph (1) any amounts becoming available from the sale of a semipostal over any period, the Postal Service shall ensure that it has recovered the full costs incurred by the Postal Service in connection with such semipostal through the end of such period. ``(e) Regulations.-- ``(1) In general.--Except as provided in subsection (c), the Postal Service shall prescribe any regulations necessary to carry out this section, including provisions relating to-- ``(A) which office or other authority within the Postal Service shall be responsible for making the decisions described in subsection (d)(2); ``(B) what criteria and procedures shall be applied in making those decisions; and ``(C) what limitations shall apply, if any, relating to the issuance of semipostals (such as whether more than one semipostal may be offered for sale at the same time). ``(2) Notice and comment.--Before any regulation is issued under this section, a copy of the proposed regulation shall be published in the Federal Register, and an opportunity shall be provided for interested parties to present written and, where practicable, oral comment. All regulations necessary to carry out this section shall be issued not later than 30 days before the date on which semipostals are first made available to the public under this section. ``(f) Annual Reports.-- ``(1) In general.--The Postmaster General shall include in each report rendered under section 2402, with respect to any period during any portion of which this section is in effect, information concerning the operation of any program established under this section. ``(2) Specific requirement.--If any semipostal ceases to be offered during the period covered by such a report, the information contained in that report shall also include-- ``(A) the commencement and termination dates for the sale of such semipostal; ``(B) the total amount that became available from the sale of such semipostal; and ``(C) of that total amount, how much was applied toward administrative costs. For each year before the year in which a semipostal ceases to be offered, any report under this subsection shall include, with respect to that semipostal (for the year covered by such report), the information described in subparagraphs (B) and (C). ``(g) Termination.--This section shall cease to be effective at the end of the 10-year period beginning on the date on which semipostals are first made available to the public under this section.''. (b) Reports by Agencies.--Each agency that receives any funding in a year under section 416 of title 39, United States Code (as amended by this section) shall submit a written report under this subsection, with respect to such year, to the congressional committees with jurisdiction over the United States Postal Service. Each such report shall include-- (1) the total amount of funding received by such agency under such section 416 during the year; (2) an accounting of how any funds received by such agency under such section 416 were allocated or otherwise used by such agency in such year; and (3) a description of any significant advances or accomplishments in such year that were funded, in whole or in part, out of amounts received by such agency under such section 416. (c) Reports by the General Accounting Office.-- (1) Interim report.--The General Accounting Office shall submit to the President and each House of Congress an interim report on the operation of the program established under section 416 of title 39, United States Code (as amended by this section) not later than 4 years after semipostals are first made available to the public under such section. (2) Final report.--The General Accounting Office shall transmit to the President and each House of Congress a final report on the operation of the program established under such section 416, not later than 6 months before the date on which it is scheduled to expire. The final report shall contain a detailed statement of the findings and conclusions of the General Accounting Office, together with any recommendations it considers appropriate. (d) Clerical Amendment.--The table of sections for chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``416. Authority to issue semipostals.''. (e) Effective Date.--The program under section 416 of title 39, United States Code (as amended by this section) shall be established within 6 months after the date of the enactment of this Act. SEC. 3. EXTENSION OF AUTHORITY TO ISSUE SEMIPOSTALS FOR BREAST CANCER RESEARCH. (a) In General.--Section 414(g) of title 39, United States Code, is amended to read as follows: ``(g) This section shall cease to be effective after July 29, 2002, or the end of the 2-year period beginning on the date of the enactment of the Semipostal Authorization Act, whichever is later.''. (b) Reporting Requirement.--No later than 3 months and no earlier than 6 months before the date as of which section 414 of title 39, United States Code (as amended by this section) is scheduled to expire, the Comptroller General of the United States shall submit to the Congress a report on the operation of such section. Such report shall be in addition to the report required by section 2(b) of Public Law 105-41, and shall address at least the same matters as were required to be included in that earlier report. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Extends the Stamp Out Breast Cancer Authorization Act until July 29, 2002, or the end of the second year after enactment of this Act, whichever is later.

Semipostal Authorization Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Uniformed Services Medicare Subvention Program Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of subvention program. Sec. 4. Determination of reimbursement amounts. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Medicare-eligible covered military beneficiary.--The term ``Medicare-eligible covered military beneficiary'' means a beneficiary under chapter 55 of title 10, United States Code, who-- (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and (B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). (2) TRICARE program.--The term ``TRICARE program'' means the managed health care program that is established by the Secretary of Defense under the authority of chapter 55 of title 10, United States Code, principally section 1097 of such title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services. (3) Subvention program.--The term ``subvention program'' means the program established under section 3 to reimburse the Department of Defense, from the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), for health care services provided to Medicare-eligible covered military beneficiaries through the managed care option of the TRICARE program. (4) Secretaries.--The term ``Secretaries'' means the Secretary of Defense and the Secretary of Health and Human Services acting jointly. SEC. 3. ESTABLISHMENT OF SUBVENTION PROGRAM. (a) Establishment Required.--The Secretary of Defense and the Secretary of Health and Human Services shall jointly establish a program to provide the Department of Defense with reimbursement, beginning October 1, 1997, in accordance with section 4, from the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care services provided to Medicare- eligible covered military beneficiaries who agree to receive the health care services through the managed care option of the TRICARE program. (b) Voluntary Enrollment.--For purposes of the subvention program, enrollment of Medicare-eligible covered military beneficiaries in the managed care option of the TRICARE program shall be voluntary, except that the total number of Medicare-eligible covered military beneficiaries so enrolled shall be subject to the capacity and funding limitations specified in section 4. (c) Effect of Enrollment.--In the case of a Medicare-eligible covered military beneficiary who enrolls in the managed care option of the TRICARE program, payments may not be made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) other than under the subvention program for health care services provided through the managed care option, except that the Secretaries may provide exceptions for emergencies or other situations as the Secretaries consider appropriate. (d) TRICARE Program Enrollment Fee Waiver.--The Secretary of Defense shall waive the enrollment fee applicable to any Medicare- eligible covered military beneficiary enrolled in the managed care option of the TRICARE program for whom reimbursement may be made under section 4. (e) Modification of TRICARE Contracts.--In carrying out the subvention program, the Secretary of Defense may amend existing TRICARE program contracts as may be necessary to incorporate provisions specifically applicable to Medicare-eligible covered military beneficiaries who enroll in the managed care option of the TRICARE program. (f) Cost Sharing.--The Secretary of Defense may establish cost sharing requirements for Medicare-eligible covered military beneficiaries who enroll in the managed care option of the TRICARE program and for whom reimbursement may be made under section 4. (g) Expansion of Subvention Program.--The Secretaries may expand the subvention program to incorporate health care services provided to Medicare-eligible covered military beneficiaries under the fee-for- service options of the TRICARE program if, in the report submitted under section 713 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-106; 110 Stat. 2591), the Secretaries determined that such expansion is feasible and advisable. SEC. 4. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Reimbursement of Department of Defense.-- (1) Basis of payments.--Beginning October 1, 1997, monthly payments to the Department of Defense under the subvention program shall be made from the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) on the basis that payments are made under section 1876(a) of the such Act (42 U.S.C. 1395mm(a)). (2) Amount of payments.--The Secretary of Health and Human Services shall make payments to the Department of Defense from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (allocated by the Secretary of Health and Human Services between each trust fund based on the relative weight that each trust fund contributes to the required payment) at a per capita rate equal to 93 percent of the applicable adjusted average per capita cost for each Medicare-eligible covered military beneficiary enrolled in the managed care option of the TRICARE program in excess of the number of such beneficiaries calculated under subsection (b) for the Department of Defense maintenance of health care effort. (b) Maintenance of Defense Health Care Effort.-- (1) Maintenance of effort required.--The Secretary of Defense shall maintain the Department of Defense health care efforts for Medicare-eligible covered military beneficiaries so as to avoid imposing on the Medicare program those costs that the Department of Defense would be expected to incur to provide health care services to Medicare-eligible covered military beneficiaries in the absence of the subvention program. (2) Estimate of prior effort.--For the first fiscal year of the subvention program, the Secretaries shall estimate the amount expended by the Department of Defense for fiscal year 1997 for providing health care items and services (other than pharmaceuticals provided to outpatients) to Medicare-eligible covered military beneficiaries. For subsequent fiscal years, the amount so estimated shall be adjusted for inflation, for differences between estimated and actual amounts expended, and for changes in the Department of Defense health care budget that exceed $100,000,000. (3) Target for defense effort.--On the basis of the estimate made under paragraph (2), the Secretaries shall establish monthly targets of the number of Medicare-eligible covered military beneficiaries for whom reimbursement will not be provided to the Department of Defense under subsection (a). (c) Protection of Medicare Program Against Increased Costs.-- (1) Purpose.--The purpose of this subsection is to protect the Medicare program against costs incurred under subsection (a) in connection with the provision of health care services to Medicare-eligible covered military beneficiaries that would not have been incurred by the medicare program in the absence of the reimbursement requirement. (2) Review by comptroller general.--Not later than December 31 of each year, the Comptroller General shall determine and submit to the Secretaries and Congress a report on the extent, if any, to which the costs of the Secretary of Defense under the TRICARE program and the costs of the Secretary of Health and Human Services under the Medicare program have increased as a result of the subvention program. (3) Actions to prevent increased costs.--If the Secretaries determine that the trust funds under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) still incur excess costs as a result of the subvention program, the Secretaries shall take such steps as may be necessary to offset those excess costs (and prevent future excess costs), including suspension or termination of the subvention program, adjustment of the payment rate under subsection (a)(2), or an adjustment of the maintenance of effort requirements of the Department of Defense under subsection (b).

Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.

Uniformed Services Medicare Subvention Program Act

SECTION 1. DIRECT LIFECYCLE GREENHOUSE GAS EMISSIONS. Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended as follows: (1) In paragraph (1), by striking subparagraph (H) and inserting the following: ``(H) Lifecycle greenhouse gas emissions.-- ``(i) In general.--The term `lifecycle greenhouse gas emissions' means the aggregate quantity of direct greenhouse gas emissions relating to the full fuel lifecycle, as determined by the Administrator based on-- ``(I) measurements taken using the most recent observable data; and ``(II) consideration of regional differences of renewable fuel production. ``(ii) Inclusions.--The term `lifecycle greenhouse gas emissions' includes greenhouse gas emissions from all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for the relative global warming potential of the greenhouse gases. ``(iii) Availability of model.--The Administrator shall make the model used in measuring lifecycle greenhouse gas emissions publicly available before publishing any administrative action on lifecycle greenhouse gas emissions.''. (2) By inserting after paragraph (12) the following: ``(13) Waiver authority.-- ``(A) In general.--A renewable fuel manufacturer may petition the Administrator to waive, and the Administrator may waive, the lifecycle greenhouse gas emission reduction requirements for renewable fuel production set forth in paragraph (2)(A) if, as determined by the Administrator-- ``(i) the requirements are the primary or contributing factor of a failure to achieve the applicable renewable fuels standard for biomass-based diesel, conventional biofuel, cellulosic biofuel, or advanced biofuel; ``(ii) the requirements are causing economic harm within the biofuels industry; or ``(iii) the requirements are directly or indirectly increasing the dependence of the United States on foreign oil. ``(B) Innovative production methods.-- ``(i) In general.--A renewable fuel manufacturer may petition the Administrator to certify an innovative production method that may result in lower lifecycle greenhouse gas emissions than the lifecycle greenhouse gas emissions of a renewable fuel determined by the Administrator under paragraph (1)(H). ``(ii) Requirements.--A petition submitted under clause (i) shall include a full lifecycle greenhouse gas emission analysis of the applicable renewable fuel based on the lifecycle greenhouse gas emission model used by the Administrator. ``(C) Failure to act.--If the Administrator does not approve or deny a petition submitted under subparagraph (A) or (B) by the date that is 90 days after the date of receipt of the petition, the petition shall be considered to be approved. ``(14) State low-carbon fuel standards.-- ``(A) In general.--No waiver may be granted under subparagraph (B) or (C) of subsection (c)(4) in the case of a State low-carbon fuel standard or similar policy that requires a reduction in lifecycle greenhouse gas emissions for renewable fuels, unless the State standard or policy applies a lifecycle greenhouse gas emission baseline identical to the lifecycle greenhouse gas emissions of the fuel concerned as determined by the Administrator under paragraph (1)(H) and used for the Federal renewable fuels standard under this subsection. ``(B) Basis for measurements.--Measurements taken under a State standard for renewable fuel described in subparagraph (A) shall be based on observable data relating to the direct lifecycle greenhouse gas emissions from the renewable fuel.''.

Amends the Clean Air Act to revise the definition of "lifecycle greenhouse gas emissions" to: (1) exclude significant indirect emissions; (2) provide that emissions are to be determined by the Environmental Protection Agency (EPA) Administrator based on the most recent observable data and on consideration of regional differences of renewable fuel production; and (3) require the Administrator to make the model used in measuring emissions publicly available before publishing any administrative action on such emissions. Authorizes a renewable fuel manufacturer to petition the Administrator to waive, and the Administrator to waive, the lifecycle greenhouse gas emission reduction requirements for renewable fuel production if the requirements: (1) are the primary or contributing factor of a failure to achieve the applicable renewable fuels standard for biomass-based diesel, conventional biofuel, cellulosic biofuel, or advanced biofuel; (2) are causing economic harm within the biofuels industry; or (3) are increasing U.S. dependence on foreign oil. Authorizes a renewable fuel manufacturer to petition the Administrator to certify an innovative production method that may result in lower lifecycle greenhouse gas emissions than the lifecycle greenhouse gas emissions of a renewable fuel. Considers a petition to be approved if the Administrator does not approve or deny it within 90 days of its receipt. Prohibits such waivers from being granted in the case of a state low-carbon fuel standard or similar policy that requires a reduction in lifecycle greenhouse gas emissions for renewable fuels, unless the state standard or policy applies a lifecycle greenhouse gas emission baseline identical to the lifecycle greenhouse gas emissions as determined by EPA and used for the federal renewable fuels standard. Requires measurements taken under a state standard to be based on observable data relating to the direct lifecycle greenhouse gas emissions from the renewable fuel.

To amend the Clean Air Act to permit the Administrator of the Environmental Protection Agency to waive the lifecycle greenhouse gas emission reduction requirements for renewable fuel production, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Bonus Equity Act''. SEC. 2. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED INJURY. (a) Payment Required.-- (1) In general.--Chapter 17 of title 37, United States Code, is amended by inserting after section 903 the following new section: ``Sec. 904. Continued payment of bonuses to members retired or separated due to combat-related injuries ``(a) Payment Required.--In the case of a member of the armed forces who is retired or separated for disability under chapter 61 of title 10, due to a combat-related injury, the Secretary of Defense shall require the continued payment to the member of any bonus described in subsection (b) that the member-- ``(1) was entitled to immediately before the retirement or separation of the member; and ``(2) would continue to be entitled to if the member was not retired or separated. ``(b) Covered Bonuses.--The bonuses referred to in subsection (a) are the following (numbers refer to the corresponding section in chapter 5 of this title): ``(1) 301b. Special pay for aviation career officers extending period of active duty. ``(2) 301d. Multiyear retention bonus for medical officers of the armed forces. ``(3) 301e. Multiyear retention bonus for dental officers of the armed forces. ``(4) 302d. Accession bonus for registered nurses. ``(5) 302h. Accession bonus for dental officers. ``(6) 302j. Accession bonus for pharmacy officers. ``(7) 302k. Accession bonus for medical officers in critically short wartime specialties. ``(8) 302l. Accession bonus for dental specialist officers in critically short wartime specialties. ``(9) 308. Reenlistment bonus. ``(10) 308b. Reenlistment bonus for members of the Selected Reserve. ``(11) 308c. Bonus for affiliation or enlistment in the Selected Reserve. ``(12) 308g. Bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve. ``(13) 308h. Bonus for reenlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve. ``(14) 308i. Prior service enlistment bonus. ``(15) 308j. Affiliation bonus for officers in the Selected Reserve. ``(16) 309. Enlistment bonus. ``(17) 312. Special pay for nuclear-qualified officers extending period of active duty. ``(18) 312b. Nuclear career accession bonus. ``(19) 312c. Nuclear career annual incentive bonus. ``(20) 315. Engineering and scientific career continuation pay. ``(21) 316. Bonus for members with foreign language proficiency. ``(22) 317. Special pay for officers in critical acquisition positions extending period of active duty. ``(23) 318. Special pay for special warfare officers extending period of active duty. ``(24) 319. Surface warfare officer continuation pay. ``(25) 321. Judge advocate continuation pay. ``(26) 322. 15-year career status bonus for members entering service on or after August 1, 1986. ``(27) 323. Retention incentives for members qualified in critical military skills or assigned to high priority units. ``(28) 324. Accession bonus for new officers in critical skills. ``(29) 326. Incentive bonus for conversion to military occupational specialty to ease personnel shortage. ``(30) 327. Incentive bonus for transfer between armed forces. ``(31) 329. Incentive bonus for retired members and reserve component members volunteering for high-demand, low-density assignments. ``(32) 330. Accession bonus for officer candidates. ``(c) Time for Payment.--A bonus required to be paid to a member under this section shall be paid to the member in a lump sum not later than 90 days after the date of the retirement or separation of the member, notwithstanding any terms to the contrary in the agreement under which the bonus was originally authorized. ``(d) Combat-Related Injury Defined.--In this section, the term `combat-related injury' means an injury-- ``(1) for which the member was awarded the Purple Heart; or ``(2) that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 903 the following new item: ``904. Continued payment of bonuses to members retired or separated due to combat-related injuries.''. (b) Cessation of Collection of Previously Paid Bonuses.--Effective as of the date of the enactment, any collection of bonuses described in subsection (b) of section 904 of title 37, United States Code (as added by subsection (a) of this section), that were paid before the date of the enactment of this Act to members of the Armed Forces retired or separated under chapter 61 of title 10, United States Code, for a combat-related injury (as defined in subsection (d) of such section 904) shall cease. (c) Retroactive Payment of Bonuses.-- (1) In general.--The Secretary of Defense shall pay to each member of the Armed Forces retired or separated under chapter 61 of title 10, United States Code, for a combat-related injury (as defined in subsection (d) of section 904 of title 37, United States Code (as so added)) during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act, an amount equal to the amount of any continued payment of bonus or bonuses to which such member would have been entitled at the time of retirement or separation under applicable provisions of such section 904 if such section 904 had been in effect as of September 11, 2001. (2) Audit.--The Secretary shall identify the former members of the Armed Forces to be paid amounts under this subsection, and shall determined the amounts to be paid such members under this subsection, through a financial audit or such other mechanisms as the Secretary considers appropriate for purposes of this subsection. Passed the Senate Attest: NANCY ERICKSON, Secretary.

Wounded Warrior Bonus Equity Act - Provides that, in the case of a member of the Armed Forces who is retired or separated for disability due to a combat-related injury, the Secretary of Defense shall require the continued payment of any covered bonuses or special pay to which the member: (1) was entitled to immediately before the retirement or separation; and (2) would continue to be entitled to if not retired or separated. Requires such payment in a lump sum within 90 days after such retirement or separation.

A bill to amend title 37, United States Code, to require the Secretary of Defense to continue to pay to a member of the Armed Forces who is retired or separated from the Armed Forces due to a combat-related injury certain bonuses that the member was entitled to before the retirement or separation and would continue to be entitled to if the member was not retired or separated, and for other purposes.

SECTION 1. REQUIRING CERTAIN EMPLOYERS TO PARTICIPATE IN PILOT PROGRAM. (a) In General.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: ``(C) Employers at critical infrastructure sites.-- ``(i) In general.--Any employer described in clause (ii) shall elect to participate in the basic pilot program described in section 403(a) and shall comply with the terms and conditions of such election. ``(ii) Employers described.--An employer is described in this clause if the employer employs individuals working in a location that-- ``(I) is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport; or ``(II) contains critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))), as determined by the Secretary of Homeland Security in regulations. ``(iii) Regulations.--The Secretary of Homeland Security shall promulgate regulations to assist employers in determining whether they are described in clause (ii)(I). ``(iv) Special rule for continuing access to critical infrastructure.-- ``(I) In general.--It is unlawful for an employer described in clause (ii), after hiring an alien for employment in accordance with clause (i)-- ``(aa) to authorize, or to continue to authorize, the alien's access to critical infrastructure after having received a notification of nonconfirmation from the Commissioner of Social Security under subsection (e); or ``(bb) to fail to notify any other person who, or entity that, has issued, or may issue, to the alien documentation authorizing such access that the employer has received such notification. ``(II) Enforcement.--In the case of an employer who violates subclause (I), such violation shall be treated as a violation of section 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(2)) for purposes of applying the compliance investigation and enforcement procedures described in section 274A(e) of such Act (8 U.S.C. 1324a(e)). ``(III) Resumption of authority to provide access.--Subclause (I)(aa) shall cease to apply to an alien when the employer has received satisfactory verification (as determined by the Secretary of Homeland Security in regulations) that the alien is not an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) with respect to the employment. Upon the receipt of such satisfactory verification, the employer shall notify any person or entity previously notified under subclause (I)(bb) of such receipt.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect one year after the date of the enactment of this Act. SEC. 2. AUTHORIZING ADDITIONAL USES OF EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM. Section 404(h) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) in paragraph (1), by striking ``for any other purpose'' and all that follows through the period at the end and inserting the following: ``for any purpose other than-- ``(A) as provided for under this subtitle, including paragraph (2); ``(B) for enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and sections 1001, 1028, 1546, and 1621 of title 18, United States Code; ``(C) for enforcement of the Social Security Act (42 U.S.C. 301 et seq.).''. (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Protection of critical infrastructure.-- ``(A) In general.--Notwithstanding any other provision of this section, the Secretary of Homeland Security may authorize or require any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to use the confirmation system to verify the citizenship or immigration status of an individual requesting documentation authorizing access to such infrastructure, to the extent that the Secretary determines that such use will assist in the protection of such infrastructure. ``(B) Enforcement.--In the case of a person or entity subject to a requirement imposed by the Secretary under subparagraph (A), if the person or entity fails to comply with such requirement, such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(B)) for purposes of applying the compliance investigation and enforcement procedures described in section 274A(e) of such Act (8 U.S.C. 1324a(e)).''.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require employers at critical infrastructure sites to participate in the basic pilot (employment eligibility verification) program. Defines such employers as those employing individuals in a location that: (1) is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport; or (2) contains critical infrastructure as determined by the Secretary of Homeland Security. Makes it unlawful for such employers to: (1) authorize an alien employee's access to critical infrastructure after receiving a notification of nonconfirmation from the commissioner of Social Security; or (2) fail to notify any other person or entity that has or may issue documentation authorizing the alien's access of such notification. Authorizes the use of information obtained pursuant to the basic pilot program for enforcement of the Immigration and Nationality Act and the Social Security Act. Allows the Secretary to authorize or require any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating critical infrastructure to use the basic pilot program for individuals seeking access if doing so will assist in protecting such infrastructure. Establishes enforcement procedures for noncompliance.

To require employers at critical infrastructure sites to participate in the pilot program for employment eligibility verification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improve Nutrition Program Integrity and Deficit Reduction Act of 2013''. SEC. 2. RESTORING PROGRAM INTEGRITY TO CATEGORICAL ELIGIBILITY FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In General.--The second sentence of section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking ``receives benefits under a State program'' and inserting ``receives assistance (as defined in section 260.31 of title 45, Code of Federal Regulations, as in effect on January 1, 2013) under a State program''. (b) Resources.--Section 5(j) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(j)) is amended by striking ``receives benefits under a State program'' and inserting ``receives assistance (as defined in section 260.31 of title 45, Code of Federal Regulations, as in effect on January 1, 2013) under a State program''. SEC. 3. ELIMINATING THE LOW-INCOME HOME ENERGY ASSISTANCE LOOPHOLE. (a) In General.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (d)(11)(A), by striking ``(other than'' and all that follows through ``et seq.))'' and inserting ``(other than payments or allowances made under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or any payments under any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i) of that Act (42 U.S.C. 609(a)(7)(B)(1))))''; (2) in subsection (e)(6)(C), by striking clause (iv); and (3) in subsection (k)-- (A) in paragraph (2)-- (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (D) through (G) as subparagraphs (C) through (F), respectively; and (iii) by striking paragraph (4). (b) Conforming Amendments.--Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended-- (1) in paragraph (1), by striking ``(1)''; and (2) by striking paragraph (2). SEC. 4. ELIMINATING INFLATION ADJUSTMENTS FOR COUNTABLE RESOURCES. Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) by striking ``(1) Total amount.--'' and all that follows through ``The Secretary'' in subparagraph (A) and inserting the following: ``(1) Total amount.--The Secretary''; (2) by striking ``(as adjusted in accordance with subparagraph (B))'' both places it appears; and (3) by striking subparagraph (B). SEC. 5. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR LOTTERY OR GAMBLING WINNERS. (a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following: ``(r) Ineligibility for Benefits Due to Receipt of Substantial Lottery or Gambling Winnings.-- ``(1) In general.--Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. ``(2) Duration of ineligibility.--A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. ``(3) Agreements.--As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings.''. (b) Conforming Amendments.--Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) of section 6''. SEC. 6. ELIMINATING STATE BONUSES. (a) In General.--Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking subsection (d). (b) Conforming Amendments.--Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended-- (1) in subsection (c)-- (A) in the first sentence of paragraph (4), by striking ``payment error rate'' and all that follows through ``subsection (d)'' and inserting ``liability amount or new investment amount under paragraph (1) or payment error rate''; and (B) in the first sentence of paragraph (5), by striking ``payment error rate'' and all that follows through ``subsection (d)'' and inserting ``liability amount or new investment amount under paragraph (1) or payment error rate''; and (2) in subsection (i)(1), by striking ``subsection (d)(1)'' and inserting ``subsection (c)(2)''. SEC. 7. ELIMINATING DUPLICATIVE EMPLOYMENT AND TRAINING. (a) Funding of Employment and Training Programs.--Section 16 of Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking subsection (h). (b) Administrative Cost-Sharing.-- (1) In general.--Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the first sentence, in the matter preceding paragraph (1), by inserting ``(other than a program carried out under section 6(d)(4))'' after ``supplemental nutrition assistance program''. (2) Conforming amendments.-- (A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) is amended by striking ``(g), (h)(2), or (h)(3)'' and inserting ``or (g)''. (B) Section 22(d)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is amended by striking ``, (g), (h)(2), and (h)(3)'' and inserting ``and (g)''. (c) Workfare.-- (1) In general.--Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended by striking subsection (g). (2) Conforming amendment.--Section 17(b)(1)(B)(iv)(III)(jj) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(jj)) is amended by striking ``or (g)(1)''. SEC. 8. ELIMINATING INFLATION ADJUSTMENTS FOR EMERGENCY FOOD ASSISTANCE RESOURCES. Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended-- (1) in paragraph (1), by striking ``2008 through 2012'' and inserting ``2014 through 2018''; and (2) by striking paragraph (2) and inserting the following: ``(2) Amounts.--The Secretary shall use to carry out paragraph (1) $260,000,000 for each of fiscal years 2014 through 2018.''. SEC. 9. ELIMINATING THE NUTRITION EDUCATION GRANT PROGRAM. Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is repealed. SEC. 10. TERMINATING AN INCREASE IN BENEFITS. Section 101(a) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by striking paragraph (2) and inserting the following: ``(2) Termination.--The authority provided by this subsection shall terminate after February 1, 2013.''.

Improve Nutrition Program Integrity and Deficit Reduction Act of 2013 - Amends the Food and Nutrition Act of 2008 to make households in which each member receives state assistance under the temporary assistance to needy families program (TANF), the supplemental security income program (SSI), or aid to the aged, blind, or disabled program (AABD) eligible for the supplemental nutrition assistance program (SNAP, formerly the food stamp program). (Current law bases categorical SNAP eligibility upon state benefits received rather than assistance.) States that any household in which a member receives substantial lottery or gambling winnings shall lose SNAP eligibility immediately upon receipt of such winnings and shall remain ineligible until the household meets the allowable financial resources and income eligibility requirements. Eliminates: (1) the exclusion of low-income home energy assistance from SNAP household income determinations, (2) bonuses for states that demonstrate high or most improved performance, (3) inflation adjustments for emergency food assistance resources, (4) inflation adjustments for countable financial resources, (5) funding of employment and training programs, (6) the nutrition education grant program, and (7) funding of Workfare administrative expenses. Amends the American Recovery and Reinvestment Act of 2009 to: (1) terminate after February 1, 2013, the value of SNAP benefits and consolidated block grants for Puerto Rico and American Samoa from being calculated by using 113.6% of the June 2008 value of the thrifty food plan; and (2) permit the Secretary of Agriculture (USDA) to reduce the value of the maximum allotments, minimum allotments, or consolidated block grants for Puerto Rico and American Samoa below the FY2009 level.

Improve Nutrition Program Integrity and Deficit Reduction Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Route Approval Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) To maintain our Nation's competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world's investments based in significant part on the quality of our infrastructure. Investing in the Nation's infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. (2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources. (3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes. (4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts. (5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and-- (A) the Department of State assessments found that the Keystone XL pipeline ``is not likely to impact the amount of crude oil produced from the oil sands'' and that ``approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands''; (B) the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; and (C) after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline's 875 mile proposed route, the Department of State found that ``The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures).''. (6) The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so, and-- (A) transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that ``Spills associated with the proposed Project that enter the environment expected to be rare and relatively small'', and that ``there is no evidence of increased corrosion or other pipeline threat due to viscosity'' of diluted bitumen oil that will be transported by the Keystone XL pipeline; and (B) plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have ``a degree of safety over any other typically constructed domestic oil pipeline''. (7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources. SEC. 3. KEYSTONE XL PERMIT APPROVAL. Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 4. JUDICIAL REVIEW. (a) Exclusive Jurisdiction.--Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine-- (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act. (b) Deadline for Filing Claim.--A claim arising under this Act may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited Consideration.--The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. SEC. 5. AMERICAN BURYING BEETLE. (a) Findings.--The Congress finds that-- (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological Opinion.--The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary's opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act. SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT. The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline. SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS. (a) Issuance of Permits.--The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 3, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete. (b) Waiver of Procedural Requirements.--The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in Absence of Action by the Secretary.--If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following such last day. (d) Limitation.--The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT. The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE. (a) In General.--Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness. (b) Updates.--A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made. Passed the House of Representatives May 22, 2013. Attest: KAREN L. HAAS, Clerk.

Northern Route Approval Act - (Sec. 1) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. (Sec. 3) Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act. (Sec. 4) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari). (Sec. 5) Deems the Secretary of the Interior to have issued a written statement setting forth the Secretary's opinion that the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973. (Sec. 6) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976. (Sec. 7) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application. Authorizes such Secretary to waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this Act. Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting an activity or use of an area authorized under this Act. (Sec. 8) Deems the Secretary to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. (Sec. 9) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make such plan available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made.

Northern Route Approval Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the steel industry of the United States. (2) Certain buildings and other structures in the Commonwealth of Pennsylvania are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge. (3) Despite substantial efforts for cultural preservation and historical interpretation by the Commonwealth of Pennsylvania and by individuals and public and private entities in the Commonwealth, these buildings and other structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to ensure the preservation, interpretation, visitor enjoyment, and maintenance of the nationally significant historical and cultural sites and structures described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Establishment.--The Steel Industry National Historic Site is hereby established as a unit of the National Park System in the Commonwealth of Pennsylvania. (b) Description.-- (1) Inclusion of certain property.--Subject to paragraph (2), the historic site shall consist of the following properties, each of which relate to the former United States Steel Homestead Works, as depicted on the map entitled ``Steel Industry National Historic Site'', dated November 2003, and numbered 80,000: (A) The historic location of the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus- Marcegaglia Steel Mill. (B) The historic location of the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house. (C) The historic location of the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall, Pennsylvania. (2) Availability of map.--The map referred to in paragraph (1) shall be available for public inspection in an appropriate office of the National Park Service. (c) Acquisition of Property.-- To further the purposes of this section, the Secretary of the Interior may acquire, only by donation, property for inclusion in the historic site as follows: (1) Any land or interest in land with respect to the property identified in subsection (b)(1). (2) Up to 10 acres of land adjacent to or in the general proximity of the property identified in such subsection, for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (3) Personal property associated with, and appropriate for, the interpretation of the historic site. (d) Private Property Protections.--Nothing in this Act shall be construed-- (1) to require any private property owner to permit public access (including Federal, State, or local government access) to the private property; or (2) to modify any provision of Federal, State, or local law with regard to public access to or use of private property. (e) Administration.--The Secretary of the Interior shall administer the historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (f) Cooperative Agreements.-- (1) In general.--Until such time as the Secretary of the Interior has acquired the property identified in subsection (b)(1), as depicted on the map referred to in such subsection, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the purposes of the historic site. (2) Contrary purposes.--Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of the historic site, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (g) Technical Assistance.--The Secretary of the Interior may provide technical assistance to any person for-- (1) the preservation of historic structures within the historic site; and (2) the maintenance of the natural and cultural landscape of the historic site. (h) General Management Plan.-- (1) Preparation.--Not later than three years after the date on which funds are first made available to carry out this Act, the Secretary of the Interior shall prepare a general management plan for the historic site that will incorporate or otherwise address substantive comments made during the consultation required by paragraph (2). (2) Consultation.--The Secretary shall prepare the general management plan in consultation with-- (A) an appropriate official of each appropriate political subdivision of the Commonwealth of Pennsylvania that has jurisdiction over all or a portion of the lands included in the historic site; (B) an appropriate official of the Steel Industry Heritage Corporation; and (C) private property owners in the vicinity of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.

Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Requires the Historic Site to consist of the following properties (the properties) which relate to the former U.S. Steel Homestead Works: (1) the Battle of Homestead site; (2) the Carrie Furnace complex; and (3) the Hot Metal Bridge. Authorizes the Secretary of the Interior to acquire only by donation the following property for inclusion within the Site: (1) any land or interest in land in the properties; (2) up to ten acres of land adjacent to or in the general proximity of such properties for the development of visitor, administrative, museum, curatorial, and maintenance facilities; and (3) personal property associated with and appropriate for interpretation of such Site. Prohibits anything in this Act from being construed to: (1) require any private property owner to permit public access (including Federal, State, or local government access) to the private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. Allows the Secretary, until such time as the Secretary has acquired the properties, to enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the historic purposes of the Site. Provides that, any payment made by the Secretary pursuant to a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of the Site shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds at the time of such conversion, use, or disposal, whichever is greater. Authorizes the Secretary to provide technical assistance for the: (1) preservation of historic structures within the Site; and (2) maintenance of the natural and cultural landscape of such Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site, which will incorporate or otherwise address substantive comments made during consultation with: (1) an appropriate official of each appropriate political subdivision of Pennsylvania that has jurisdiction over all or part of the lands included in the Site; (2) an appropriate official of the Steel Industry Heritage Corporation; and (3) private property owners in the vicinity of such Site.

To establish the Steel Industry National Historic Site in the Commonwealth of Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Risk Youth Medicaid Protection Act of 2016''. SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (80); (B) by striking the period at the end of paragraph (81) and inserting ``; and''; and (C) by inserting after paragraph (81) the following new paragraph: ``(82) provide that-- ``(A) the State shall not terminate eligibility for medical assistance under a State plan for an individual who is an eligible juvenile (as defined in subsection (ll)(2)) because the juvenile is an inmate of a public institution (as defined in subsection (ll)(3)), but may suspend coverage during the period the juvenile is such an inmate; ``(B) the State shall restore coverage for such medical assistance to such an individual upon the individual's release from any such public institution, without requiring a new application from the individual, unless (and until such date as) there is a determination that the individual no longer meets the eligibility requirements for such medical assistance; and ``(C) the State shall process any application for medical assistance submitted by, or on behalf of, a juvenile who is an inmate of a public institution notwithstanding that the juvenile is such an inmate.''; and (2) by adding at the end the following new subsection: ``(ll) Juvenile; Eligible Juvenile; Public Institution.--For purposes of subsection (a)(82) and this subsection: ``(1) Juvenile.--The term `juvenile' means an individual who is-- ``(A) under 21 years of age; or ``(B) is described in subsection (a)(10)(A)(i)(IX). ``(2) Eligible juvenile.--The term `eligible juvenile' means a juvenile who is an inmate of a public institution and was eligible for medical assistance under the State plan immediately before becoming an inmate of such a public institution or who becomes eligible for such medical assistance while an inmate of a public institution. ``(3) Inmate of a public institution.--The term `inmate of a public institution' has the meaning given such term for purposes of applying the subdivision (A) following paragraph (29) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution.''. (b) No Change in Exclusion From Medical Assistance for Inmates of Public Institutions.--Nothing in this section shall be construed as changing the exclusion from medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a State submitting claims for Federal financial participation under title XIX of such Act for such assistance. (c) No Change in Continuity of Eligibility Before Adjudication or Sentencing.--Nothing in this section shall be construed to mandate, encourage, or suggest that a State suspend or terminate coverage for individuals before they have been adjudicated or sentenced. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to eligibility of juveniles who become inmates of public institutions on or after the date that is 1 year after the date of the enactment of this Act. (2) Rule for changes requiring state legislation.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

At-Risk Youth Medicaid Protection Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to specify that a state Medicaid program may not terminate a juvenile's medical assistance eligibility because the juvenile is incarcerated. A state may suspend coverage while the juvenile is an inmate, but must restore coverage upon release without requiring a new application unless the individual no longer meets the eligibility requirements for medical assistance. A state must process an application submitted by, or on behalf of, an incarcerated juvenile, notwithstanding that the juvenile is an inmate. A "juvenile" is an individual who: (1) is under 21 years of age; or (2) has aged out of the state's foster care system, was enrolled in the state plan while in foster care, and is under 26 years of age.

At-Risk Youth Medicaid Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentive to Serve Tax Act''. SEC. 2. TAX CREDIT FOR QUALIFIED DONATIONS OF EMPLOYEE SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45Q. QUALIFIED EMPLOYEE SERVICE DONATIONS. ``(a) In General.--For purposes of section 38, the qualified employee service donation credit under this section is an amount equal to 25 percent of the qualified wages paid or incurred by the taxpayer. ``(b) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means the wages paid or incurred by an employer during the taxable year to an eligible employee during periods in which the eligible employee is performing qualified services. ``(2) Wages.--The term `wages' has the meaning given to such term by subsection (b) of section 3306 (determined without regard to the dollar limitation contained in such section). ``(3) Limitation on wages taken into account.--The amount of qualified wages which may be taken into account with respect to any individual shall not exceed $100,000 per year. ``(4) Coordination with other credits.-- ``(A) Work opportunity credit.--The term `qualified wages' shall not include wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer if any portion of such wages is taken into account in determining the credit under section 51. ``(B) Indian employment credit.--The term `qualified wages' shall not include wages with respect to any employee if a credit is allowed for wages paid to such employee under section 45A. ``(c) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of the employer who performs qualified services at the direction of the employer and with the employee's consent for a period of not less than 160 hours for which such employee was fully compensated during the taxable year of the employer. ``(d) Qualified Services.--For purposes of this section-- ``(1) In general.--The term `qualified services' means-- ``(A) eligible direct services to recipients or beneficiaries of charitable organizations and community agencies, ``(B) the recruitment and coordination of activities of volunteers providing such eligible direct services, or ``(C) the building of the capacity of such organizations and agencies to provide such eligible direct services. ``(2) Eligible direct services.--The term `eligible direct services' means direct services which advance 1 or more of the following: ``(A) Improving the quality of education in public schools for economically disadvantaged students. ``(B) Expanding and improving access to health care. ``(C) Improving and conserving energy and natural resources. ``(D) Improving economic opportunities for economically disadvantaged individuals. ``(E) Improving disaster preparedness and response. ``(e) Verification.--No amount shall be allowed as a credit under subsection (a) for qualified wages for qualified services with respect to which the taxpayer has not submitted such information or certification as the Secretary determines necessary to ensure the performance of such qualified services. ``(f) Special Rules.--For purposes of this section, rules similar to the rules of section 52 shall apply.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the credit determined under section 45Q(a).''. (c) Conforming Amendments.-- (1) Section 196(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end the following new paragraph: ``(14) the qualified employee service credit under section 45Q(a).''. (2) Section 280C(a) of such Code is amended by inserting ``45Q(a),'' after ``45A(a)''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45Q. Qualified employee service donations.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid or incurred after the date of the enactment of this Act. SEC. 3. EXCLUSION. Section 148 of the National and Community Service Act of 1990 (42 U.S.C. 12604) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Exclusion From Income.--The amount of an educational award provided to an individual under this section shall not be included in the gross income of the individual for purposes of the Internal Revenue Code of 1986.''.

Incentive to Serve Tax Act - Amends the Internal Revenue Code to allow employers a business tax credit for 25% of wages paid to employees while such employees are performing certain services (e.g., services advancing the improvement of education, health care access, energy conservation, economic opportunities for economically disadvantaged individuals, and disaster preparedness and response) for charitable organizations and community agencies. Limits the amount of wages eligible for such credit to $100,000 per employee.

A bill to amend the Internal Revenue Code of 1986 to provide for a tax credit for qualified donations of employee services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Department of Homeland Security Secure Mail Initiative Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Hold for Pickup service'' and ``Signature Confirmation service'' mean the services described in sections 507.3.0 and 503.8.1.1.a, respectively, of the Domestic Mail Manual (or any successor services); (2) the term ``Immigration Examinations Fee Account'' means the account established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)); (3) the term ``Postal Service'' means the United States Postal Service; and (4) the term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION SERVICES UNDER THE SECURE MAIL INITIATIVE. (a) In General.--Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall provide for an option under the Secure Mail Initiative (or any successor program) under which a person to whom a document is sent under that initiative may elect, except as provided in subsection (e), to have the Postal Service use the Hold for Pickup service or the Signature Confirmation service in delivering the document. (b) Fee.-- (1) In general.--The Secretary, in accordance with section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), shall require the payment of a fee from a person electing a service under subsection (a), which shall be set at a level that ensures recovery of-- (A) the full costs of providing all such services; and (B) any additional costs associated with the administration of the fees collected. (2) Allocation of funds.--Of the fees collected under paragraph (1), the Secretary shall-- (A) deposit as offsetting receipts into the Immigration Examinations Fee Account the portion representing-- (i) the cost to the Secretary of providing the services under subsection (a); and (ii) any additional costs associated with the administration of the fees collected; and (B) transfer to the Postal Service the portion representing the cost to the Postal Service of providing the services under subsection (a). (c) Regulations.--The Postal Service may promulgate regulations that-- (1) subject to paragraph (2), minimize the cost of providing the services under subsection (a); and (2) do not require the Postal Service to incur additional expenses that are not recoverable under subsection (b). (d) Notice of Changes.--The Postal Service shall notify the Secretary of any changes to the Hold for Pickup service or the Signature Confirmation service. (e) Use of Private Carrier.-- (1) In general.--If the Secretary determines that a private carrier that offers substantially similar services to the Hold for Pickup and Signature Confirmation services would provide better service and value than the Postal Service provides under subsection (a), the Secretary may, in accordance with paragraph (2) of this subsection-- (A) discontinue use of the services of the Postal Service under subsection (a); and (B) enter into a contract with the private carrier under which a person to whom a document is sent under the Secure Mail Initiative (or any successor program) may elect to have the private carrier use one of the substantially similar services in delivering the document. (2) Requirements.--The Secretary may not exercise the authority under paragraph (1) unless the Secretary-- (A) determines, and notifies the Postal Service, that the private carrier offers services that are substantially similar to the Hold for Pickup and Signature Confirmation services; (B) provides for an option under the Secure Mail Initiative (or any successor program) under which a person to whom a document is sent under that initiative may elect a service under paragraph (1)(B); (C) requires the payment of a fee from a person electing a service under paragraph (1)(B), which shall be set at a level that ensures recovery of-- (i) the full cost of contracting with the private carrier to provide all such services; and (ii) any additional costs associated with the administration of the fees collected; and (D) deposits the fees collected under subparagraph (C) as offsetting receipts into the Immigration Examinations Fees Account. SEC. 4. REPORT. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes-- (1) the implementation of the requirements under section 3; (2) the fee imposed under subsection (b) or (e)(2)(C), as applicable, of section 3; and (3) the number of times during the previous year that a person used a service under subsection (a) or (e)(1)(B) of section 3. Passed the Senate December 21, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 1208 _______________________________________________________________________ AN ACT To direct the Secretary of Homeland Security to provide for an option under the Secure Mail Initiative under which a person to whom a document is sent under that initiative may elect to have the United States Postal Service use the Hold for Pickup service or the Signature Confirmation service in delivering the document, and for other purposes.

(This measure has not been amended since it was reported to the Senate on October 16, 2017. Strengthening the Department of Homeland Security Secure Mail Initiative Act (Sec. 3) This bill directs the Department of Homeland Security (DHS) to provide for an option under which a person to whom a document is sent under the Secure Mail Initiative may elect to have the U.S. Postal Service (USPS) use the Hold for Pickup service or the Signature Confirmation service in delivering the document. DHS shall require payment of a fee for such services, which shall be deposited into the Immigration Examinations Fee Account and used to cover DHS and USPS costs of providing such services. The USPS: (1) may promulgate regulations that minimize such costs and do not require it to incur additional expenses that are not recoverable, and (2) shall notify DHS of any changes to such services. If DHS determines that substantially similar services offered by a private carrier would provide better service and value than the USPS services, it may discontinue use of the USPS services and enter into a contract with the private carrier. (Sec. 4) DHS must report to Congress within two years of this bill's enactment describing the implementation of requirements under this bill, the fee imposed, and the number of times during the previous year that a person used a service under this bill.

Strengthening the Department of Homeland Security Secure Mail Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Resources Restoration Act of 2011''. SEC. 2. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT. Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended by adding at the end the following: ``SEC. 1021. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(2) Deepwater horizon oil spill.--The term `Deepwater Horizon Oil Spill' means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, the resulting hydrocarbon releases into the environment, and the various response actions that injured natural resources in the Gulf of Mexico and in State water and land bordering the Gulf of Mexico. ``(3) Panel.--The term `panel' means the panel established under subsection (b). ``(4) Trustee.--The term `trustee' means each of the Federal and State trustees designated under paragraphs (2) and (3) of section 1006(b) with respect to natural resource damages relating to the Deepwater Horizon Oil Spill. ``(b) Deepwater Horizon Oil Spill Damage Assessment.-- ``(1) Establishment of panel.--The Administrator shall enter into an arrangement with the National Academies under which the National Academies shall convene, in consultation with the trustees, a panel of scientists with appropriate expertise to conduct, in coordination with the trustees, a preliminary evaluation of the natural resource damages from the Deepwater Horizon Oil Spill. ``(2) Report.-- ``(A) In general.--Based on the preliminary evaluation conducted under paragraph (1), the panel shall prepare a report that includes an estimate of-- ``(i) the cost for each trustee of-- ``(I) restoring the natural resources under the trusteeship of the trustee injured by the Deepwater Horizon Oil Spill; and ``(II) compensating the trustee for the loss of natural resource services under the trusteeship of the trustee during the period beginning on April 20, 2010, and ending on the date on which the natural resources are fully restored; and ``(ii) the total of the estimated costs described in clause (i) for all trustees. ``(B) Considerations.--In preparing the report under subparagraph (A), the panel shall consider-- ``(i) the results of the study conducted under section 2004(3) of the Supplemental Appropriations Act, 2010 (Public Law 112-212; 124 Stat. 2338); and ``(ii) any appropriate and available information that has been generated through the natural resources damages assessment being conducted by the trustees under section 1006(d) with respect to the Deepwater Horizon Oil Spill. ``(C) Timeline.-- ``(i) Preliminary draft.--Not later than 90 days after the date of enactment of this Act, the panel shall prepare a preliminary draft of the report required under subparagraph (A). ``(ii) Comment period.-- ``(I) In general.--In accordance with subclause (II), the panel shall provide for a comment period during which the panel shall solicit from trustees and responsible parties comments on the preliminary draft report. ``(II) Timeline.--Comments shall be solicited under subclause (I) during the 30-day period beginning on the date of completion of the preliminary draft report under subparagraph (A). ``(iii) Final report.--Not later than 30 days after the date on which the comment period ends under clause (ii), the panel shall-- ``(I) submit to Congress a final version of the report required under subparagraph (A); and ``(II) publish in the Federal Register notice that the final report has been completed. ``(3) Special assessment.-- ``(A) In general.--Notwithstanding any other provision of law, in making an assessment of natural resource damages with respect to the Deepwater Horizon Oil Spill under paragraph (1) or (2) of section 1006(c), a trustee shall include a special assessment in an amount that is equal to-- ``(i) 30 percent of the cost of restoring the natural resources under the trusteeship of the trustee injured by the Deepwater Horizon Oil Spill and compensating the trustee for the loss natural resource services under the trusteeship of the trustee during the period beginning on April 20, 2010, and ending on the date on which the natural resources are fully restored, as estimated in the report prepared under paragraph (2); or ``(ii) an amount mutually agreed to by the responsible parties and the trustees. ``(B) Payment of special assessment.--The responsible parties shall be responsible for paying the amounts assessed under subparagraph (A), in accordance with the provisions of this Act. ``(C) Use.-- ``(i) In general.--Any amounts assessed under subparagraph (A) shall be used by a trustee to conduct projects to restore natural resources injured by the Deepwater Horizon Oil Spill. ``(ii) Applicable law.--Any activities carried out by the trustees using amounts assessed under subparagraph (A) shall be carried out in accordance with applicable laws (including regulations) relating to natural resource damages assessment and restoration, including laws relating to public participation. ``(D) Credits.--There shall be credited toward any other natural resource damages assessed against the responsible parties for the Deepwater Horizon Oil Spill, in accordance with applicable laws (including regulations) any amounts assessed under subparagraph (A). ``(E) Regulations.--As soon as practicable after the date of enactment of this section, the Administrator shall promulgate regulations establishing a program under which responsible parties can purchase credits for the cost of any projects carried out by a trustee under subparagraph (C)(i).''.

Natural Resources Restoration Act of 2011 - Amends the Oil Pollution Act of 1990 to require the Administrator of the Environmental Protection Agency (EPA) to enter into an arrangement with the National Academies to convene a panel of scientists to evaluate and report on the natural resource damages from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010, the resulting hydrocarbon releases into the environment, and the various response actions that injured natural resources in the Gulf of Mexico and in state water and land bordering the Gulf of Mexico (Deepwater Horizon Oil Spill). Requires the panel to report on the costs for federal and state trustees designated with respect to natural resource damages from the spill of: (1) restoring such injured natural resources; and (2) compensating such trustees for the loss of natural resource services from April 20, 2010, to the date the natural resources are fully restored. Requires trustees, in assessing such damages, to include a special assessment in an amount equal to 30% of the cost of restoring such resources and services or an amount mutually agreed to by the responsible parties and the trustees. Requires special assessments to be: (1) paid by the responsible parties; (2) used by trustees to conduct projects to restore natural resources injured by such spill; and (3) credited toward any other natural resource damages assessed against the responsible parties for such spill. Requires the Administrator to promulgate regulations establishing a program under which responsible parties can purchase credits for the cost of such projects carried out by trustees.

A bill to provide for payments to certain natural resource trustees to assist in restoring natural resources damaged as a result of the Deepwater Horizon oil spill, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fisheries Restoration and Irrigation Mitigation Act of 2007''. SEC. 2. PRIORITY PROJECTS. Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended by striking ``$5,000,000'' and inserting ``$2,500,000''. SEC. 3. COST SHARING. Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) by striking ``The value'' and inserting the following: ``(1) In general.--The value''; and (2) by adding at the end the following: ``(2) Bonneville power administration.-- ``(A) In general.--The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. ``(B) Non-federal share.--Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the Program shall be credited toward the non-Federal share of the costs of the project.''. SEC. 4. REPORT. Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) by inserting ``any'' before ``amounts are made''; and (2) by inserting after ``Secretary shall'' the following: ``, after partnering with local governmental entities and the States in the Pacific Ocean drainage area,''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended-- (1) in subsection (a), by striking ``2001 through 2005'' and inserting ``2008 through 2014''; and (2) in subsection (b), by striking paragraph (2) and inserting the following: ``(2) Administrative expenses.-- ``(A) Definition of administrative expense.--In this paragraph, the term `administrative expense' means, except as provided in subparagraph (B)(iii)(II), any expenditure relating to-- ``(i) staffing and overhead, such as the rental of office space and the acquisition of office equipment; and ``(ii) the review, processing, and provision of applications for funding under the Program. ``(B) Limitation.-- ``(i) In general.--Not more than 6 percent of amounts made available to carry out this Act for each fiscal year may be used for Federal and State administrative expenses of carrying out this Act. ``(ii) Federal and state shares.--To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)-- ``(I) 50 percent shall be provided to the State agencies provided assistance under the Program; and ``(II) an amount equal to the cost of 1 full-time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program. ``(iii) State expenses.--Amounts made available to States for administrative expenses under clause (i)-- ``(I) shall be divided evenly among all States provided assistance under the Program; and ``(II) may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with-- ``(aa) arranging meetings to promote the Program to potential applicants; ``(bb) assisting applicants with the preparation of applications for funding under the Program; and ``(cc) visiting construction sites to provide technical assistance, if requested by the applicant.''.

Fisheries Restoration and Irrigation Mitigation Act of 2007 - Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to direct the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to give priority to any project that has a total cost of less than $2.5 million (currently, $5 million). Authorizes the Secretary, without further appropriation and without fiscal year limitation, to accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. Requires: (1) any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried out under the Program to be credited toward the non-federal share of project costs; and (2) the Secretary's report on projects under such Act to be made after partnering with local governmental entities and the states in the Pacific Ocean drainage area (Oregon, Washington, Montana, and Idaho). Authorizes appropriations for the Act through FY2014. Sets forth limits and requirements on the amount that may be used each fiscal year for federal and state administrative expenses of carrying out this Act.

To amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2008 through 2014, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Student Achievement Information Act of 2017''. SEC. 2. CONSUMER INFORMATION ABOUT COMPLETION OR GRADUATION TIMES. (a) Transparency in College Tuition for Consumers.--Section 132(i)(1)(J) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)(J)) is amended to read as follows: ``(J)(i) For programs of study 4 years of length or longer-- ``(I) the percentages of first-time, full- time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (ii); ``(II) the percentages of first-time, part- time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (ii); ``(III) the percentages of non-first time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (ii); and ``(IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (ii). ``(ii) The times for completion or graduation described in clause (i) are-- ``(I) the normal time for completion of, or graduation from, the student's program; ``(II) 150 percent of the normal time for completion of, or graduation from, the student's program; and ``(III) 200 percent of the normal time for completion of, or graduation from, the student's program. ``(iii) For programs of study less than 4 years-- ``(I) the percentages of first-time, full- time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iv); ``(II) the percentages of first-time, part- time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iv); ``(III) the percentages of non-first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iv); and ``(IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iv). ``(iv) The times for completion or graduation described in clause (iii) are-- ``(I) the normal time for completion of, or graduation from, the student's program; ``(II) 150 percent of the normal time for completion of, or graduation from, the student's program; and ``(III) 300 percent of the normal time for completion of, or graduation from, the student's program. ``(v) In making publicly available the percentages described in this subparagraph, the Secretary shall display each percentage in a consistent manner and with equal visibility.''. (b) Institutional and Financial Assistance Information for Students.--Section 485(a)(1)(L) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(L)) is amended to read as follows: ``(L) the completion or graduation rates described in section 132(i)(1)(J);''.

Comprehensive Student Achievement Information Act of 2017 This bill amends title I (General Provisions) of the Higher Education Act of 1965 to modify consumer information disclosure requirements related to completion or graduation rates. Currently, an institution that participates in federal student aid programs must disclose the completion or graduation rate of first-time, full-time, certificate- or degree-seeking undergraduate students. This bill expands disclosure requirements to also include the completion or graduation rates of non-first time and half-time certificate- or degree-seeking undergraduate students. The bill also sets forth new time periods for calculating the completion or graduation rates for programs of study that are less than four years.

Comprehensive Student Achievement Information Act of 2017

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF THERMAL TRANSFER MULTIFUNCTION MACHINES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under subheading 8517.21.00 of the Harmonized Tariff Schedule of the United States (relating to indirect electrostatic copiers) or subheading 9002.12.00 of such Schedule (relating to indirect electrostatic copiers), at the rate of duty that would have been applicable to such merchandise if the merchandise had been liquidated or reliquidated under subheading 8571.60.65 of the Harmonized Tariff Schedule of the United States (relating to other automated data processing (ADP) thermal transfer printer units) on the date of entry. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service within 90 days after the date of enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), filed at the port of Los Angeles, are as follows: ------------------------------------------------------------------------ Date of Entry Entry Number Liquidation Date ------------------------------------------------------------------------ 01/17/97 112-9638417-3 02/21/97 01/10/97 112-9637684-9 03/07/97 01/03/97 112-9636723-6 04/18/97 01/10/97 112-9637686-4 03/07/97 02/21/97 112-9642157-9 09/12/97 02/14/97 112-9641619-9 06/06/97 02/14/97 112-9641693-4 06/06/97 02/21/97 112-9642156-1 09/12/97 02/28/97 112-9643326-9 09/12/97 03/18/97 112-9645336-6 09/19/97 03/21/97 112-9645682-3 09/19/97 03/21/97 112-9645681-5 09/19/97 03/21/97 112-9645698-9 09/19/97 03/14/97 112-9645026-3 09/19/97 03/14/97 112-9645041-2 09/19/97 03/20/97 112-9646075-9 09/19/97 03/14/97 112-9645026-3 09/19/97 04/04/97 112-9647309-1 09/19/97 04/04/97 112-9647312-5 09/19/97 04/04/97 112-9647316-6 09/19/97 04/11/97 112-9300151-5 10/31/97 04/11/97 112-9300287-7 09/26/97 04/11/97 112-9300308-1 02/20/98 04/10/97 112-9300356-0 09/26/97 04/16/97 112-9301387-4 09/26/97 04/22/97 112-9301602-6 09/26/97 04/18/97 112-9301627-3 09/26/97 04/21/97 112-9301615-8 09/26/97 04/25/97 112-9302445-9 10/31/97 04/25/97 112-9302298-2 09/26/97 04/25/97 112-9302205-7 09/26/97 04/04/97 112-9302371-7 09/26/97 05/26/97 112-9305730-1 09/26/97 05/21/97 112-9305527-1 09/26/97 05/30/97 112-9306718-5 09/26/97 05/19/97 112-9304958-9 09/26/97 05/16/97 112-9305030-6 09/26/97 05/07/97 112-9303702-2 09/26/97 05/09/97 112-9303707-1 09/26/97 05/10/97 112-9304256-8 09/26/97 05/31/97 112-9306470-3 09/26/97 05/02/97 112-9302717-1 09/19/97 06/20/97 112-9308793-6 09/26/97 06/18/97 112-9308717-5 09/26/97 06/16/97 112-9308538-5 09/26/97 06/09/97 112-9307568-3 09/26/97 06/06/97 112-9307144-3 09/26/97 07/07/97 112-9309060-9 09/26/97 07/14/97 112-9309733-1 09/26/97 05/09/97 112-9303887-1 09/26/97 ------------------------------------------------------------------------

Provides, upon request, for the liquidation or reliquidation of certain entries of certain thermal transfer multifunction machines.

To provide for the reliquidation of certain entries of certain thermal transfer multifunction machines.

SECTION 1. GRANTS FOR WASTEWATER TREATMENT. (a) Coastal Localities.--The Administrator shall make grants under title II of the Federal Water Pollution Control Act to appropriate instrumentalities for the purpose of construction of treatment works (including combined sewer overflow facilities) to serve coastal localities. (b) Federal Share.--Notwithstanding section 202(a)(1) of the Federal Water Pollution Control Act, the Federal share of grants under subsection (a) shall be 80 percent of the cost of construction, and the non-Federal share shall be 20 percent of the cost of construction. (c) Small Communities.--The Administrator shall make grants to States for the purpose of providing assistance for the construction of treatment works and alternative wastewater treatment systems to serve small communities as defined by the State; except that the term ``small communities'' may not include any locality with a population greater than 75,000. Funds made available to carry out this subsection shall be allotted by the Administrator to the States in accordance with the allotment formula contained in section 604(a) of the Federal Water Pollution Control Act. (d) Authorization of Appropriations.--There is authorized to be appropriated for making grants under this section $300,000,000 for fiscal year 1996. Such sums shall remain available until expended and shall be equally divided between subsections (a) and (c) of this section. Such authorization of appropriation shall take effect only if the total amount appropriated for fiscal year 1996 to carry out title VI of the Federal Water Pollution Control Act is at least $2,250,000,000. SEC. 2. TREATMENT WORKS DEFINED. (a) Inclusion of Other Lands.--Section 212(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is amended-- (1) by striking ``any works, including site''; (2) by striking ``is used for ultimate'' and inserting ``will be used for ultimate''; and (3) by inserting before the period at the end the following: ``and acquisition of other lands, and interests in lands, which are necessary for construction''. (b) Policy on Cost Effectiveness.--Section 218(a) of such Act (33 U.S.C. 1298(a)) is amended by striking ``combination of devices and systems'' and all that follows through ``from such treatment;'' and inserting ``treatment works;''. SEC. 3. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits.--Each permit issued pursuant to this section for a discharge from a combined storm and sanitary sewer shall conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. ``(2) Term of permit.-- ``(A) Compliance deadline.--Notwithstanding any compliance schedule under section 301(b), or any permit limitation under section 402(b)(1)(B), the Administrator (or a State with a program approved under subsection (b)) may issue a permit pursuant to this section for a discharge from a combined storm and sanitary sewer, that includes a schedule for compliance with a long-term control plan under the control policy referred to in paragraph (1), for a term not to exceed 15 years. ``(B) Extension.--Notwithstanding the compliance deadline specified in subparagraph (A), the Administrator or a State with a program approved under subsection (b) shall extend, on request of an owner or operator of a combined storm and sanitary sewer and subject to subparagraph (C), the period of compliance beyond the last day of the 15-year period-- ``(i) if the Administrator or the State determines that compliance by such last day is not within the economic capability of the owner or operator; and ``(ii) if the owner or operator demonstrates to the satisfaction of the Administrator or the State reasonable further progress toward compliance with a long-term control plan under the control policy referred to in paragraph (1). ``(C) Limitation on extensions.--Notwithstanding subparagraph (B), the Administrator or the State need not grant an extension of the compliance deadline specified in subparagraph (A) if the Administrator or the State determines that such an extension is not appropriate. ``(3) Savings clause.--Any consent decree or court order entered by a United States district court, or administrative order issued by the Administrator, before the date of the enactment of this subsection establishing any deadlines, schedules, or timetables, including any interim deadlines, schedules, or timetables, for the evaluation, design, or construction of treatment works for control or elimination of any discharge from a municipal combined storm and sanitary sewer system shall be modified upon motion or request by any party to such consent decree or court order, to extend to December 31, 2009, at a minimum, any such deadlines, schedules, or timetables, including any interim deadlines, schedules, or timetables as is necessary to conform to the policy referred to in paragraph (1) or otherwise achieve the objectives of this subsection.'' SEC. 4. SPECIFIC REQUIREMENTS FOR CAPITALIZATION GRANTS. Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended by inserting ``(other than the 20 percent limitation contained in the exception at the end of the last sentence of such section)'' after ``201(g)(1)''. SEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. (a) Activities Eligible for Assistance.--Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended to read as follows: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following: ``(A) Construction of a publicly owned treatment works if the recipient of such assistance is a municipality. ``(B) Implementation of lake protection programs and projects under section 314. ``(C) Implementation of a management program under section 319. ``(D) Implementation of a conservation and management plan under section 320. ``(E) Acquisition of property rights for the restoration or protection of publicly or privately owned riparian areas. ``(F) Implementation of measures to improve the efficiency of public water use. ``(G) Development and implementation of plans by a public recipient to prevent water pollution. ``(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.''. (b) Extended Repayment Period for Disadvantaged Communities.-- Section 603(d)(1) of such Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A) by inserting after ``20 years'' the following: ``or, in the case of a disadvantaged community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B) by striking ``not later than 20 years after project completion'' and inserting ``upon the expiration of the term of the loan''. (c) Interest Rates.--Section 603 of such Act is further amended by adding at the end the following: ``(i) Interest Rates.--In any case in which a State makes a loan pursuant to subsection (d)(1) to a disadvantaged community, the State may charge a negative interest rate of not to exceed 2 percent to reduce the unpaid principal of the loan. The aggregate amount of all such negative interest rate loans the State makes in a fiscal year shall not exceed 20 percent of the aggregate amount of all loans made by the State from its revolving loan fund in such fiscal year.''. SEC. 6. ALLOTMENT OF FUNDS. (a) In General.--Section 604(a) of the Federal Water Pollution Control Act (33 U.S.C. 1384(a)) is amended to read as follows: ``(a) Formula for Fiscal Years 1996-2000.--Sums authorized to be appropriated pursuant to section 607 for each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be allotted for such year by the Administrator not later than the 10th day which begins after the date of the enactment of the table contained in this subsection. Sums authorized for each such fiscal year shall be allotted in accordance with the following table: ``States: Percentage of sums authorized: Alabama....................................... 0.7736 Alaska........................................ 0.2500 Arizona....................................... 1.1526 Arkansas...................................... 0.3853 California.................................... 9.3957 Colorado...................................... 0.6964 Connecticut................................... 1.3875 Delaware...................................... 0.2500 District of Columbia.......................... 0.3203 Florida....................................... 3.4696 Georgia....................................... 2.0334 Hawaii........................................ 0.2629 Idaho......................................... 0.2531 Illinois...................................... 5.6615 Indiana....................................... 3.1304 Iowa.......................................... 0.6116 Kansas........................................ 0.8749 Kentucky...................................... 1.3662 Louisiana..................................... 1.0128 Maine......................................... 0.6742 Maryland...................................... 1.6701 Massachusetts................................. 4.3755 Michigan...................................... 3.8495 Minnesota..................................... 1.3275 Mississippi................................... 0.6406 Missouri...................................... 1.7167 Montana....................................... 0.2500 Nebraska...................................... 0.4008 Nevada........................................ 0.2500 New Hampshire................................. 0.4791 New Jersey.................................... 4.7219 New Mexico.................................... 0.2500 New York...................................... 14.7435 North Carolina................................ 2.5920 North Dakota.................................. 0.2500 Ohio.......................................... 4.9828 Oklahoma...................................... 0.6273 Oregon........................................ 1.2483 Pennsylvania.................................. 4.2431 Rhode Island.................................. 0.4454 South Carolina................................ 0.7480 South Dakota.................................. 0.2500 Tennessee..................................... 1.4767 Texas......................................... 4.6773 Utah.......................................... 0.2937 Vermont....................................... 0.2722 Virginia...................................... 2.4794 Washington.................................... 2.2096 West Virginia................................. 1.4346 Wisconsin..................................... 1.4261 Wyoming....................................... 0.2500 Puerto Rico................................... 1.0866 Northern Marianas............................. 0.0308 American Samoa................................ 0.0908 Guam.......................................... 0.0657 Palau......................................... 0.1295 Virgin Islands................................ 0.0527.''. (b) Conforming Amendment.--Section 604(c)(2) is amended by striking ``title II of this Act'' and inserting ``this title''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 607 (33 U.S.C. 1387) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and (3) by adding at the end the following: ``(6) such sums as may be necessary for fiscal year 1995; ``(7) $2,250,000,000 for fiscal year 1996; ``(8) $2,300,000,000 for fiscal year 1997; ``(9) $2,300,000,000 for fiscal year 1998; ``(10) $2,300,000,000 for fiscal year 1999; and ``(11) $2,300,000,000 for fiscal year 2000.''.

Directs the Administrator of the Environmental Protection Agency to make grants: (1) under the Federal Water Pollution Control Act (the Act) to appropriate instrumentalities for the construction of treatment works (including combined sewer overflow facilities) to serve coastal localities; and (2) to States for assistance for the construction of treatment works and alternative wastewater treatment systems to serve small communities. Authorizes appropriations. Modifies the Act's: (1) definition of "treatment works" to include acquisition of the land that will be an integral part of the treatment process or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other lands, and interests in lands, which are necessary for construction; and (2) policy on cost effectiveness to provide that a project for waste treatment and management undertaken with Federal assistance by any State, municipality, or intermunicipal or interstate agency shall be that system which constitutes the most economical and cost-effective treatment works, subject to specified requirements. Requires that each permit issued for a discharge from a combined storm and sanitary sewer conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. Authorizes the Administrator or a State with an approved program to issue a permit for such a discharge that includes a schedule for compliance with a long-term control plan under the control policy up to 15 years, subject to extension under specified circumstances. Modifies the Act to allow sums available to each State water pollution control revolving fund to be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency or other person. Extends the repayment period for loans from a State water pollution control revolving fund for disadvantaged communities. Permits the State, in making a loan to a disadvantaged community, to charge a negative interest rate of not to exceed two percent to reduce the unpaid principal of the loan, subject to specified limitations. Revises Act provisions regarding the allotment of funds to set forth a table of percentages of sums authorized for various States for FY 1996 through 2000. Authorizes appropriations.

To amend the Federal Water Pollution Control Act.