FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Rural Health Provider Payment Extension Act of 2006''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. Extension of medicare rural hospital hold harmless provision under the prospective payment system for hospital outpatient department (HOPD) services. Sec. 3. Extension of medicare incentive payment program for physician scarcity areas. Sec. 4. Extension of medicare increase payments for ground ambulance services in rural areas. Sec. 5. Extension of floor on medicare work geographic adjustment. Sec. 6. Extension of medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas. Sec. 7. Extension of temporary medicare payment increase for home health services furnished in a rural area. SEC. 2. EXTENSION OF MEDICARE RURAL HOSPITAL HOLD HARMLESS PROVISION UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT DEPARTMENT (HOPD) SERVICES. (a) In General.--Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the Deficit Reduction Act of 2005, is amended-- (1) in subclause (I)-- (A) by striking ``(I)''; and (B) by striking ``2006'' and inserting ``2010''; and (2) by striking subclause (II). (b) Effective Date.--The amendments made by subsection (a) shall apply to covered OPD services furnished on or after January 1, 2006. SEC. 3. EXTENSION OF MEDICARE INCENTIVE PAYMENT PROGRAM FOR PHYSICIAN SCARCITY AREAS. Section 1833(u)(1) of the Social Security Act (42 U.S.C. 1395l(u)(1)) is amended by striking ``2008'' and inserting `` 2011''. SEC. 4. EXTENSION OF MEDICARE INCREASE PAYMENTS FOR GROUND AMBULANCE SERVICES IN RURAL AREAS. Section 1834(l)(13) of the Social Security Act (42 U.S.C. 1395m(l)(13)) is amended-- (1) in subparagraph (A)-- (A) in the matter before clause (i), by striking ``furnished on or after July 1, 2004, and before January 1, 2007,''; (B) in clause (i), by inserting ``for services furnished on or after July 1, 2004, and before January 1, 2011,'' after ``in such paragraph,''; and (C) in clause (ii), by inserting ``for services furnished on or after July 1, 2004, and before January 1, 2007,'' after ``in clause (i),''; and (2) in subparagraph (B)-- (A) in the heading, by striking ``after 2006'' and inserting ``for subsequent periods''; (B) by inserting ``clauses (i) and (ii) of'' before ``subparagraph (A)''; and (C) by striking ``in such subparagraph'' and inserting ``in the respective clause''. SEC. 5. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC ADJUSTMENT. Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)(E)) is amended by striking ``2007'' and inserting ``2011''. SEC. 6. EXTENSION OF MEDICARE REASONABLE COSTS PAYMENTS FOR CERTAIN CLINICAL DIAGNOSTIC LABORATORY TESTS FURNISHED TO HOSPITAL PATIENTS IN CERTAIN RURAL AREAS. Section 416(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2282; 42 U.S.C. 1395l-4(b)) is amended by striking ``2-year'' and inserting ``7- year''. SEC. 7. EXTENSION OF TEMPORARY MEDICARE PAYMENT INCREASE FOR HOME HEALTH SERVICES FURNISHED IN A RURAL AREA. (a) In General.--Section 421 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b) of the Deficit Reduction Act of 2005, is amended-- (1) in the heading, by striking ``one-year'' and inserting ``temporary''; and (2) in subsection (a) by striking ``before April 1, 2005, and episodes and visits beginning on or after January 1, 2006, and before January 1, 2007'' and inserting ``before December 31, 2011''. (b) Application to Certain Home Health Services Furnished Prior to Date of Enactment.--For episodes and visits for home health services furnished on or after April 1, 2005, and before the date of the enactment of this Act, the Secretary of Health and Human Services shall provide for a lump sum payment, not later than 60 days after such enactment, of amounts due under the amendment made by subsection (a)(2). (c) Effective Date.--The amendments made by subsection (a) shall apply to episodes and visits on or after April 1, 2005.

Medicare Rural Health Provider Payment Extension Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Deficit Reduction Act of 2005, to extend through calendar 2009 the Medicare rural hospital hold harmless provision under the prospective payment system for hospital outpatient department services. Amends SSA title XVIII to extend through calendar 2010: (1) the Medicare incentive payment program for physician scarcity areas; (2) Medicare increased payments for ground ambulance services in rural areas; and (3) the floor on Medicare work adjustment. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend through July 1, 2011, Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural areas. Amends the Medicare Prescription Drug Improvement, and Modernization Act of 2003, as amended by the Deficit Reduction Act of 2005, to extend through calendar 2011 the temporary Medicare payment increase for home health services furnished in a rural area.

To amend title XVIII of the Social Security Act and the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend certain Medicare payment methodologies provided for rural health care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Paperwork Reduction Act Amendments of 1998''. SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS. (a) Requirements Applicable to the Director of OMB.--Section 3504(c) of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(6) publish in the Federal Register on an annual basis a list of the requirements applicable to small-business concerns (within the meaning of section 3 of the Small Business Act (15 U.S.C. 631 et seq.)) with respect to collection of information by agencies, organized by North American Industrial Classification System code and industrial/sector description (as published by the Office of Management and Budget), with the first such publication occurring not later than one year after the date of the enactment of the Small Business Paperwork Reduction Act Amendments of 1998; and ``(7) make available on the Internet, not later than one year after the date of the enactment of such Act, the list of requirements described in paragraph (6).''. (b) Establishment of Agency Point of Contact; Suspension of Fines for First-Time Paperwork Violations.--Section 3506 of such chapter is amended by adding at the end the following new subsection: ``(i)(1) In addition to the requirements described in subsection (c), each agency shall, with respect to the collection of information and the control of paperwork-- ``(A) establish one point of contact in the agency to act as a liaison between the agency and small-business concerns (within the meaning of section 3 of the Small Business Act (15 U.S.C. 631 et seq.)); and ``(B) in any case of a first-time violation by a small- business concern of a requirement regarding collection of information by the agency, provide that no civil fine shall be imposed on the small-business concern unless, based on the particular facts and circumstances regarding the violation-- ``(i) the head of the agency determines that the violation has caused actual serious harm to the public; ``(ii) the head of the agency determines that failure to impose a civil fine would impede or interfere with the detection of criminal activity; ``(iii) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; ``(iv) the violation is not corrected on or before the date that is six months after the date of receipt by the small-business concern of notification of the violation in writing from the agency; or ``(v) except as provided in paragraph (2), the head of the agency determines that the violation presents an imminent and substantial danger to the public health or safety. ``(2)(A) In any case in which the head of an agency determines that a first-time violation by a small-business concern of a requirement regarding the collection of information presents an imminent and substantial danger to the public health or safety, the head of the agency may, notwithstanding paragraph (1)(B)(v), determine that a civil fine should not be imposed on the small-business concern if the violation is corrected within 24 hours of receipt of notice in writing by the small-business concern of the violation. ``(B) In determining whether to provide a small-business concern with 24 hours to correct a violation under subparagraph (A), the head of the agency shall take into account all of the facts and circumstances regarding the violation, including-- ``(i) the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct; ``(ii) whether the small-business concern has made a good faith effort to comply with applicable laws, and to remedy the violation within the shortest practicable period of time; ``(iii) the previous compliance history of the small- business concern, including whether the small-business concern, its owner or owners, or its principal officers have been subject to past enforcement actions; and ``(iv) whether the small-business concern has obtained a significant economic benefit from the violation. ``(3) In any case in which the head of the agency imposes a civil fine on a small-business concern for a first-time violation of a requirement regarding collection of information which the agency head has determined presents an imminent and substantial danger to the public health or safety, and does not provide the small-business concern with 24 hours to correct the violation, the head of the agency shall notify Congress regarding such determination not later than 60 days after the date that the civil fine is imposed by the agency. ``(4) Notwithstanding any other provision of law, no State may impose a civil penalty on a small-business concern, in the case of a first-time violation by the small-business concern of a requirement regarding collection of information under Federal law, in a manner inconsistent with the provisions of this subsection.''. (c) Additional Reduction of Paperwork for Certain Small Businesses.--Section 3506(c) of title 44, United States Code, is amended-- (1) in paragraph (2)(B), by striking ``; and'' and inserting a semicolon; (2) in paragraph (3)(J), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) in addition to the requirements of this Act regarding the reduction of paperwork for small-business concerns (within the meaning of section 3 of the Small Business Act (15 U.S.C. 631 et seq.)), make efforts to further reduce the paperwork burden for small-business concerns with fewer than 25 employees.''. SEC. 3. ESTABLISHMENT OF TASK FORCE TO STUDY STREAMLINING OF PAPERWORK REQUIREMENTS FOR SMALL-BUSINESS CONCERNS. (a) In General.--Chapter 35 of title 44, United States Code, is further amended by adding at the end the following new section: ``Sec. 3521. Establishment of task force on feasibility of streamlining information collection requirements ``(a) There is hereby established a task force to study the feasibility of streamlining requirements with respect to small-business concerns regarding collection of information (in this section referred to as the `task force'). ``(b) The members of the task force shall be appointed by the Director, and shall include the following: ``(1) At least two representatives of the Department of Labor, including one representative of the Bureau of Labor Statistics and one representative of the Occupational Safety and Health Administration. ``(2) At least one representative of the Environmental Protection Agency. ``(3) At least one representative of the Department of Transportation. ``(4) At least one representative of the Office of Advocacy of the Small Business Administration. ``(5) At least one representative of each of two agencies other than the Department of Labor, the Environmental Protection Agency, the Department of Transportation, and the Small Business Administration. ``(c) The task force shall examine the feasibility of requiring each agency to consolidate requirements regarding collections of information with respect to small-business concerns, in order that each small-business concern may submit all information required by the agency-- ``(1) to one point of contact in the agency; ``(2) in a single format, or using a single electronic reporting system, with respect to the agency; and ``(3) on the same date. ``(d) Not later than one year after the date of the enactment of the Small Business Paperwork Reduction Act Amendments of 1998, the task force shall submit a report of its findings under subsection (c) to the chairmen and ranking minority members of the Committee on Government Reform and Oversight and the Committee on Small Business of the House of Representatives, and the Committee on Governmental Affairs and the Committee on Small Business of the Senate. ``(e) As used in this section, the term `small-business concern' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 631 et seq.).''. (b) Conforming Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3521. Establishment of task force on feasibility of streamlining information collection requirements.''. Passed the House of Representatives March 26, 1998. Attest: ROBIN H. CARLE, Clerk.

Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies (requiring the first such publication within one year after enactment of this Act); and (2) make such list available on the Internet (again within one year after enactment). Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses. Requires each such agency, in the case of a first-time information collection violation by a small business, to impose no civil fine on such business unless: (1) the head of the agency determines that the violation has caused actual serious harm to the public, or that failure to impose a fine would impede the detection of criminal activity, or presents an imminent and substantial danger to public health or safety; or (2) the violation concerns the collection of a tax or is not corrected within six months after violation notification. Authorizes each agency, if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification, taking into account specified factors. Prohibits a State from imposing a civil penalty on a small business for a first-time violation of Federal information collection requirements in a manner inconsistent with this Act. Requires each agency to make efforts to further reduce the paperwork burden for small businesses with fewer than 25 employees. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.

Small Business Paperwork Reduction Act Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Registration Act of 1995''. SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT ESTABLISHING STATE HANDGUN REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS. (a) In General.--Beginning 2 years after the date of the enactment of this Act, the Federal handgun registration system to be established by the Attorney General under section 3(a) and the amendment made by section 3(b) shall apply in any State during any period in which the Attorney General finds, after opportunity for a hearing on the record, that such State is not complying substantially with the requirements of subsection (b) of this section. (b) Requirements of State Handgun Registration System.--The requirements of this subsection are as follows: (1) Registration requirement.--State law must require each individual who owns, possesses, or controls a handgun in the State to register such handgun-- (A) in the case of handguns owned, possessed, or controlled on or before the effective date of the State law-- (i) with a State law enforcement agency; and (ii) within 90 days after such effective date; and (B) in the case of handguns owned, possessed, or controlled after such effective date-- (i) with the licensed dealer (as defined in section 921(a)(11) of title 18, United States Code) from whom such handgun was last purchased; and (ii) at the time the handgun is first owned, possessed, or controlled by the individual. (2) Imposition of penalties for violations.--State law must impose the following penalties for knowing violation of the registration requirement specified in paragraph (1): (A) Non-serious violations.--In the case of a violation which is not a serious violation, the violator shall be imprisoned not less than 1 year. (B) Serious violations.--In the case of a violation which is a serious violation, the violator shall be imprisoned not less than 12 years. (3) Definition of serious violation.--State law must define a serious violation of the registration requirement specified in paragraph (1) to be any violation with respect to which 2 or more of the following conditions are satisfied: (A) Multiple unregistered handguns.--The violation consists of the violator possessing, owning, or controlling 2 or more unregistered handguns. (B) Unregistered handgun is of high caliber.--The caliber of any handgun which is the subject of the violation is greater than 0.22. (C) Violator has previous felony or firearms conviction.--The violator has been previously convicted of a felony, or of a violation of any Federal or State law relating to firearms. (D) Unregistered handgun readily accessible to violator.--Any handgun which is the subject of the violation was readily accessible to the violator at the time of the violation. (4) Easily retrievable record of handguns.--State law must require the State to maintain an easily retrievable record identifying-- (A) each individual who-- (i) resides, or regularly or frequently appears, in the State; and (ii) possesses, owns, or controls a handgun; and (B) such handgun. SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM. (a) Establishment.--The Attorney General shall establish a Federal handgun registration system which contains, in an easily retrievable record, information sufficient to identify-- (1) each resident of each State to which this subsection applies who owns, possesses, or controls a handgun; and (2) such handgun. (b) Handgun Registration Requirement.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Registration of handguns ``(a) Each individual who owns, possesses, or controls a handgun in any State to which this section applies by reason of section 2(a) of the Handgun Registration Act of 1995 shall register such handgun-- ``(1) in the case of handguns owned, possessed, or controlled on or before the effective date of this section-- ``(A) with a Federal, State, or local law enforcement agency or the licensed dealer, if any, from whom such handgun was last purchased; and ``(B) within 90 days after such effective date; and ``(2) in the case of handguns owned, possessed, or controlled after such effective date-- ``(A) with the licensed dealer from whom such handgun was last purchased; and ``(B) at the time the handgun is first owned, possessed, or controlled by the individual. ``(b) Whoever knowingly violates subsection (a) shall be fined not more than $250,000, imprisoned not less than 15 years, or both. The court shall not suspend a sentence of imprisonment imposed for an offense under this section, and shall not impose a probationary sentence for an offense under this section. ``(c) As used in subsection (a): ``(1) The term `handgun' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm originally designed to be fired by the use of a single hand. ``(2) The term `State' includes the District of Columbia and the territories and possessions of the United States.''. (c) Effective Date.--The amendment made by subsection (b) shall apply to conduct engaged in 2 or more years after the date of the enactment of this Act. SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE. The Attorney General shall order the termination of all assistance under each of parts D, E, and G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in such State, during any period in which the Federal handgun registration system established under section 3(a) of this Act applies to such State. SEC. 5. DEFINITIONS. As used in this Act: (1) Handgun.--The term ``handgun'' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm (as defined in section 921(a)(3) of title 18, United States Code) originally designed to be fired by the use of a single hand. (2) State.--The term ``State'' includes the District of Columbia and the territories and possessions of the United States.

Handgun Registration Act of 1995 - Requires the Attorney General to establish a Federal handgun registration system. Makes such system applicable, within two years of the enactment of this Act, in all States failing to establish a State handgun registration system that substantially complies with Federal requirements mandating that States: (1) set registration requirements; (2) impose specified penalties for serious and non-serious registration violations; (3) define "serious violation" based on the number and caliber of unregistered handguns, previous felony or firearms offense convictions, and accessibility of such handguns; and (4) maintain an easily retrievable record of individuals within the State with handguns and of such handguns. Imposes penalties (including mandatory imprisonment for not less than 15 years) upon any person possessing handguns in violation of the registration requirement. Terminates certain Federal assistance under the Omnibus Crime Control and Safe Streets Act of 1968 to States which do not establish registration systems.

Handgun Registration Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Majority Vote Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In some general elections the majority of voters split their votes between two similar candidates letting a third candidate, supported only by a minority of the electorate, win the election, thus denying the will of a majority of the voters. (2) In other general elections the majority of voters split their votes between two dissimilar candidates, letting a third candidate, supported by an even smaller minority of the electorate, determine the election victor, and again denying the will of a majority of the voters. (3) The simple plurality winner system used in most general elections for Federal office creates an incentive for candidates to engage in negative campaigning. (4) The principle of majority rule is violated when the majority does not choose the winner of an election, and denies the winner a mandate to govern. (5) A simple solution to this problem of non majority winners is to require the winner of an election to earn a majority of votes. (6) Instant runoff voting, as used in Utah Republican Party primaries, Ireland, Australia, and London, requires the winner of an election to earn a majority of votes. Voters rank candidates in case their favorite candidate is eliminated, and the votes of the candidate's supporters count for their second choice in a runoff round. This process continues until one candidate earns a majority of votes. (7) By allowing voters to rank candidates, rather than choose just one, candidates are encouraged to engage in positive campaigning in order to receive a higher ranking from their opponents' supporters. (8) There is increased interest in instant runoff voting. For example, the system has been approved for use by voters in San Francisco, California, beginning with the 2004 municipal elections. In 1999, the New Mexico Senate passed legislation providing for a ballot measure under which voters would be allowed to implement instant runoff voting for Presidential elections. In Vermont, legislation to enact instant runoff voting for statewide offices, including the Presidential race, has been endorsed by Common Cause, the League of Women Voters, and the Grange. Additionally, the legislatures of States such as Maine, Maryland, Minnesota, and Washington in 2001 debated legislation to enact instant runoff voting for Presidential elections, and the Speaker of the California Assembly has introduced a bill to implement instant runoff voting in elections to fill vacancies in Congress. (9) In order to conduct an instant runoff election, voting equipment must be compatible with ballots that allow voters to rank candidates. (10) A majority of states currently conduct two-round runoff elections in some of their statewide, county, and municipal elections. Two-round elections cost the states millions of dollars each year and result in severe drop-offs in voter turnout. Voting equipment that is compatible with ranked ballots will give states, counties, and municipalities the option of saving millions of dollars and boosting voter turnout by consolidating two-round runoffs into one election. (11) Consistent with the national underinvestment in voting equipment, much of the Nation's voting equipment is not currently compatible with ranked ballots. (12) There are currently no Federal mandatory minimum standards for voting equipment. Although the Federal Election Commission has promulgated voluntary standards, these voluntary standards do not include compatibility with ranked ballots. (13) The operation of our current voting and election system is run by approximately 13,000 separate and unequally administered voting jurisdictions. (14) National polls have shown that the American people support a voting system that is unitary. SEC. 3. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS FOR FEDERAL OFFICE. (a) In General.--Notwithstanding any other provision of law, each State shall conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and shall ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. (b) Definitions.--In this Act, the following definitions apply: (1) The term ``Federal office'' has the meaning given such term in section 301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)). (2) The term ``instant runoff voting system'' means a system for the election of candidates under which-- (A) runoff counts of candidates are conducted in rounds; (B) voters may rank candidates on the ballot according to the order of preference; (C) if in any round no candidate receives a majority of the votes cast, the candidate with the fewest number of votes is eliminated and the remaining candidates advance to the next round; (D) in each round, a voter shall be considered to have cast one vote for the candidate the voter ranked highest on the ballot who has not been eliminated; and (E) the runoff counts are carried out automatically at the time the votes are cast and tabulated. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. SEC. 4. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT RUNOFF VOTING SYSTEM. (a) Establishment of Grant Program.--There is established a program under which the Election Assistance Commission (hereafter in this Act referred to as the ``Commission'') shall make grants to eligible States to defray the costs of administering an instant runoff voting system, including the costs of purchasing voting equipment, software, and other technology necessary for such a system. (b) Plan for Program.--Not later than 60 days after the date of the enactment of this Act, the Commission shall develop and make public a plan describing the criteria to be used in the solicitation and approval of applications for grants under this Act and the criteria to be used in overseeing the use of funds provided under such grants, except that under such criteria the Commission may not require a State to match any portion of the amount awarded as a condition of eligibility. (c) Eligibility of States.-- (1) In general.--A State is eligible to receive a grant under the program under this section if it submits to the Commission (in such form and manner as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Deadline for application.--The Commission may not consider an application for a grant under this section unless the application is submitted prior to the expiration of the 60- day period which begins on the date the Commission makes public the plan developed under subsection (b). (3) Deadline for response.--The Commission shall approve or reject an application submitted under this subsection not later than 120 days after receiving the application. (4) Criteria for rejection.--The Commission may not reject an application submitted under this subsection unless it finds that-- (A) the equipment, software, or other technology used to administer elections in the State is not compatible with an instant runoff voting system; or (B) the State does not provide for appropriate education for voters, poll workers, and election officials in the use of an instant runoff voting system. (d) Cap on Amount of Grant.--The amount of any grant awarded to a State under the program under this section may not exceed the product of-- (1) the number of residents in the State at the time the grant is awarded (based on the most recent decennial census); and (2) $12. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out the program under this section-- (1) $500,000,000 for fiscal year 2005; and (2) such sums as may be necessary for fiscal year 2006 and each succeeding fiscal year. SEC. 5. RELATIONSHIP TO OTHER LAWS. Nothing in this Act may be construed to supersede or conflict with the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). SEC. 6. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Majority Vote Act of 2004 - Requires each State to conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. Establishes a program under which the Election Assistance Commission shall make grants to eligible States to defray the costs of administering an instant runoff voting system.

To require States to conduct general elections for Federal office using an instant runoff voting system, to direct the Election Assistance Commission to make grants to States to defray the costs of administering such systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Safety Solutions Act of 2009''. SEC. 2. PROSPECTIVE APPLICATION OF LEAD LIMITS AND THIRD PARTY TESTING REQUIREMENTS. (a) Lead Content.--Section 101 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a) is amended-- (1) by redesignating subsection (b) through (g) as subsections (c) through (h), respectively; (2) by inserting after subsection (a) the following new subsection: ``(b) Application.-- ``(1) 600 parts per million.--Subsection (a)(2)(A) shall apply beginning February 10, 2009, only to any children's product that is manufactured after such date, and after February 9, 2010, to any children's product regardless of the date of manufacture. ``(2) 300 parts per million.--Subsection (a)(2)(B) shall apply beginning 2 years after the date of enactment of this Act only to any children's product that is manufactured after such date, and beginning 3 years after the date of enactment of this Act, to any children's product regardless of the date of manufacture.''; (3) in subsection (e)(2), by striking ``subsection (b)'' and inserting ``subsection (c)''; and (4) in subsection (g), by striking ``or (b)'' and inserting ``or (c)''. (b) Effective Date.--The amendments made by subsections (a) shall be treated as having taken effect on August 15, 2008. SEC. 3. PROSPECTIVE APPLICATION OF PHTHALATES PROHIBITION. (a) Application of Phthalates Prohibition.--Section 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1257c) is amended-- (1) by redesignated subsections (c) through (e) as subsection (d) through (f), respectively; and (2) by inserting after subsection (b) the following: ``(c) Application.--Subsections (a) and (b)(1) and any rule promulgated under subsection (b)(3) shall apply beginning February 10, 2009, only to any children's product that is manufactured after such date, and after February 9, 2010, to any children's product regardless of the date of manufacture.''. (b) Effective Date.--The amendments made by subsections (a) shall be treated as having taken effect on August 15, 2008. SEC. 4. CLARIFICATION OF TESTING METHODOLOGIES. (a) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a rule setting forth the testing methodology or methodologies which the Commission determines shall be used for purposes of determining compliance with sections 101(a) and 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c). (b) Effective Date for Conformity Certification.--Section 14(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1)) is amended by striking ``Except as provided'' and inserting ``Beginning 90 days after the issuance of a rule required by section 4(a) of the Consumer Product Safety Solutions Act of 2009 except as provided''. (c) Temporary Rule of Compliance.--Beginning February 10, 2009, and continuing until a rule is promulgated under subsection (a), any children's product that is tested for conformity with the requirements of section 101(a) and section 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) and certified pursuant to section 14(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1)) shall be considered to be in compliance with such section if such children's product was tested in good faith and in accordance with a reasonable testing methodology and the product was certified based on the results of such testing. SEC. 5. EXCLUSION OF CERTAIN MATERIALS FROM LEAD CONTENT LIMIT. Section 101(c)(1) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(c)(1)) (as redesignated by section 1) is amended-- (1) in the matter preceding subparagraph (A), by striking ``material will neither--'' and inserting ``material--'' (2) in subparagraph (A)-- (A) by striking ``result in the absorption of any lead into the human body'' and inserting ``will not result in the absorption of lead into the human body in excess of the amounts set forth under subsection (a)(2)''; (B) by inserting ``of the age for which the product is intended'' after ``child''; and (C) by striking ``nor'' and inserting ``or''; and (3) in subparagraph (B), by striking ``have any other'' and inserting ``will not have any''. SEC. 6. WAIVER OF THIRD PARTY TESTING REQUIREMENT FOR CERTAIN COMPONENT PARTS. Section 14(g) of the Consumer Product Safety Act (15 U.S.C. 2063(g)) is amended by adding at the end the following: ``(5) Special rule for lead content and phthalate content testing and certification.--Subsection (a) shall not require the manufacturer or private labeler of a children's product to test such product for, or certify it with respect to, lead content or phthalate content, as applicable, if-- ``(A) each component of the product that is required to be tested for compliance with sections 101(a) and 108 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) has been tested for lead content or phthalate content, as applicable, by the manufacturer or private labeler of the component; and ``(B) the manufacturer or private labeler of each such component certifies that the component does not contain more lead than the limit established by subsection (a)(2) and (f) of section 101 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)(2) and (f)) or the applicable phthalate limit in effect under section 108 of such Act, as applicable.''. SEC. 7. EXEMPTIONS FROM TRACKING LABEL REQUIREMENTS. Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(5)) is amended-- (1) by striking ``Effective'' and inserting ``(A) In general--Effective''; (2) by adding at the end the following new subparagraph: ``(B) Commission exemptive authority.--The Commission may, by rule, exempt or modify any of the requirements of this section for any product or product category, if the Commission determines such requirement to be unduly burdensome or cost prohibitive in relationship to the potential risk presented by such product or product category, or not practical due to the intended use of such product or product category.''. SEC. 8. GENERAL APPLICATION AND EXEMPTIVE AUTHORITY. Section 3 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note) is amended-- (1) by striking ``The'' and inserting ``(a) In General.-- The''; and (2) by adding at the end the following: ``(b) Authority To Extend or Delay Effective Dates.--The Commission may extend the application of the effective date of any provision of this Act or the amendments made by this Act with respect to any particular manufacturer, distributer, or retailer or class of manufacturers, distributors, or retailers if the Commission determines that a delay would better promote public safety and that a later effective date is in the public interest and publishes the reason for such a determination. ``(c) Exemptive Authority.--The Commission may exempt a particular manufacturer, distributor, or retailer or class of manufacturers, distributors, or retailers from any provision of this Act or the amendments made by this Act if the Commission determines that a delay would better promote public safety and that such exemption is in the public interest and publishes the reason for such determination.''. SEC. 9. COMPLIANCE GUIDANCE FOR SMALL BUSINESSES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall develop and make available on the Commission's Internet website a compliance guide to assist small businesses in complying with the requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and other Acts enforced by the Commission. (b) Contents.--The guide-- (1) shall be designed to assist small businesses to determine-- (A) whether the Consumer Product Safety Act (or any other Act enforced by the Commission) applies to their business activities; (B) whether they are considered distributors, manufacturers, private labelers, or retailers under such Act or Acts; and (C) which rules, standards, regulations, or statutory requirements apply to their business activities; (2) shall provide guidance on how to comply with any such applicable rule, standard, regulation, or requirement, including-- (A) what actions they should take to ensure that they meet the requirements; and (B) how to determine whether they have met the requirements; and (3) may contain such additional information as the Commission considers appropriate, including telephone, e-mail, and Internet contacts for compliance support and information.

Consumer Product Safety Solutions Act of 2009 - Amends the Consumer Product Safety Improvement Act of 2008 to apply the limits on lead in children's products and phthalates in any children's toy or child care article: (1) for a limited time, only to items manufactured after a certain date; and (2) thereafter, to all such items regardless of when manufactured. Requires the Consumer Product Safety Commission (CPSC) to issue a rule on related testing methodologies. Allows the CPSC to exclude a specific item from the lead limits if the the CPSC finds that the lead in the item will not result in the absorption of lead into the human body in excess of the limits. (Current law allows the CPSC to so exclude if it will not result in the absorption of any lead into the human body.) Allows a manufacturer to not test for or certify lead or phthalate limit compliance if each component of the product has been tested and certified by the component's manufacturer. Authorizes the CPSC to exempt a product or product category from a current requirement to certify compliance with all rules, bans, standards, or regulations under any Act the CPSC enforces if the requirement is unduly burdensome or cost prohibitive in relationship to the product or product category's risk, or not practical due to the product or product category's intended use. Allows the CPSC to extend the application of, or exempt manufacturers, distributors, or retailers from, any provision of the Act or its amendments if a delay or exemption would better promote public safety and be in the public interest. Requires the CPSC to develop and make available on its website a guide to assist small businesses in complying with any Act enforced by the CPSC.

To clarify the applicability of certain provisions in the Consumer Product Safety Improvement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bettering Resources In Guarding from Human Trafficking Act of 2017'' or the ``BRIGHT Act of 2017''. SEC. 2. MANDATORY MINIMUMS FOR CERTAIN TRAFFICKING OFFENSES. (a) Peonage.--Section 1581(a) of title 18, United States Code, is amended-- (1) in the first sentence, by striking ``or imprisoned not more than 20 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 20 years''; and (2) in the second sentence, by striking ``or imprisoned for any term of years or life, or both'' and inserting ``and imprisoned for not less than five years''. (b) Vessels for Slave Trade.--Section 1582 of title 18, United States Code, is amended by striking ``or imprisoned not more than seven years, or both'' and inserting ``and imprisoned for not less than five years and not more than seven years''. (c) Enticement Into Slavery.--Section 1583 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``, imprisoned not more than 20 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 20 years''; and (2) in subsection (b), by striking ``, imprisoned for any term of years or for life, or both'' and inserting ``and imprisoned for not less than five years''. (d) Sale Into Involuntary Servitude.--Section 1584(a) of title 18, United States Code, is amended-- (1) in the first sentence, by striking ``or imprisoned not more than 20 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 20 years''; and (2) in the second sentence, by striking ``or imprisoned for any term or years or life, or both'' and inserting ``and imprisoned for not less than five years''. (e) Seizure, Detention, Transportation or Sale of Slaves.--Section 1585 of title 18, United States Code, is amended by striking ``or imprisoned not more than seven years, or both'' and inserting ``and imprisoned for not less than five years and not more than seven years''. (f) Service on Vessels in Slave Trade.--Section 1586 of title 18, United States Code, is amended by striking ``or imprisoned not more than two years, or both'' and inserting ``and imprisoned for not less than one year and not more than two years''. (g) Possession of Slaves Aboard Vessel.--Section 1587 of title 18, United States Code, is amended by striking ``or imprisoned not more than four years, or both'' and inserting ``and imprisoned for not less than one year and not more than four years''. (h) Transportation of Slaves From United States.--Section 1588 of title 18, United States Code, is amended by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 10 years''. (i) Forced Labor.--Section 1589(d) of title 18, United States Code, is amended-- (1) in the first sentence, by striking ``, imprisoned not more than 20 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 20 years''; and (2) in the second sentence, by striking ``, imprisoned for any term of years or life, or both'' and inserting ``and imprisoned for not less than five years''. (j) Trafficking With Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor.--Section 1590(a) of title 18, United States Code, is amended-- (1) in the first sentence, by striking ``or imprisoned not more than 20 years, or both'' and inserting ``and imprisoned for not less than five years and not more than 20 years''; and (2) in the second sentence, by striking ``or imprisoned for any term of years or life, or both'' and inserting ``and imprisoned for not less than 5 years''. (k) Unlawful Conduct With Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor.--Section 1592(a) of title 18, United States Code, is amended to read as follows: ``(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person-- ``(1)(A) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, or 1594(a); ``(B) with intent to violate section 1581, 1583, 1584, 1589, or 1590; or ``(C) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, shall be fined under this title and imprisoned for not less than one year and not more than five years; or ``(2) in the course of a violation of section 1591, or with intent to violate such section, shall be fined under this title and imprisoned for not less than 5 years and not more than 10 years.''.

Bettering Resources in Guarding from Human Trafficking Act of 2017 or the BRIGHT Act of 2017 This bill amends the federal criminal code to establish a five-year mandatory minimum prison term for certain offenses related to peonage, slavery, involuntary servitude, forced labor, and trafficking.

Bettering Resources In Guarding from Human Trafficking Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Service Reauthorization Act of 2017''. SEC. 2. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF THE SECRET SERVICE. Section 3056 of title 18, United States Code, is amended by adding at the end: ``(h) The Director of the Secret Service shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Secret Service is the head of the Secret Service.''. SEC. 3. RESTRICTED BUILDING OR GROUNDS. Section 1752(a) of title 18, United States Code, is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by inserting ``or'' at the end; and (3) by inserting after paragraph (4) the following: ``(5) knowingly, and with the intent to enter a restricted building or grounds, causes any object to enter any restricted building or grounds, when, or so that, such object, in fact, impedes or disrupts the orderly conduct of government business or official functions;''. SEC. 4. THREATS AGAINST FORMER VICE PRESIDENTS. Section 879(a) of title 18, United States Code, is amended-- (1) in paragraph (4), by striking ``section 3056(a)(6);'' and inserting ``paragraph (6) or (8) of section 3056(a); or''; and (2) by inserting after paragraph (4) the following: ``(5) a person protected by the Secret Service under a Presidential memorandum;''. SEC. 5. INCREASED TRAINING. Beginning in the first full fiscal year after the date of enactment of this Act, the Director of the Secret Service shall increase the annual number of hours spent training by officers and agents of the Secret Service, including officers of the United States Secret Service Uniformed Division established under section 3056A of title 18, United States Code, and agents operating pursuant to section 3056 of title 18, United States Code, including joint training between the two. SEC. 6. TRAINING FACILITIES. The Director of the Secret Service is authorized to construct facilities at the Rowley Training Center necessary to improve the training of officers of the United States Secret Service Uniformed Division established under section 3056A of title 18, United States Code, and agents of the United States Secret Service, operating pursuant to section 3056 of title 18, United States Code. SEC. 7. HIRING OF ADDITIONAL OFFICERS AND AGENTS. The Director of the Secret Service is authorized to hire not fewer than-- (1) 200 additional officers for the United States Secret Service Uniformed Division established under section 3056A of title 18, United States Code; and (2) 85 additional agents for the United States Secret Service Presidential Protective Detail, operating pursuant to section 3056 of title 18, United States Code. SEC. 8. EVALUATION OF VULNERABILITIES AND THREATS. (a) In General.--The Director of the Secret Service shall devise and adopt improved procedures for evaluating vulnerabilities in the security of the White House and threats to persons protected by the Secret Service, including threats posed by unmanned aerial systems or explosive devices. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the Secret Service shall report on the implementation of subsection (a) to-- (1) the Committee on the Judiciary of the House of Representatives; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Homeland Security of the House of Representatives; (4) the Committee on Homeland Security and Governmental Affairs of the Senate; and (5) the Committee on Oversight and Government Reform of the House of Representatives. SEC. 9. EVALUATION OF USE OF TECHNOLOGY. (a) In General.--The Director of the Secret Service, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, and other experts, shall devise and adopt improved procedures for-- (1) evaluating the ways in which technology may be used to improve the security of the White House and the response to threats to persons protected by the Secret Service; and (2) retaining evidence pertaining to the duties referred to in paragraph (1) for an extended period of time. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the Secret Service shall report on the implementation of subsection (a) to-- (1) the Committee on the Judiciary of the House of Representatives; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Homeland Security of the House of Representatives; (4) the Committee on Homeland Security and Governmental Affairs of the Senate; and (5) the Committee on Oversight and Government Reform of the House of Representatives. SEC. 10. EVALUATION OF USE OF ADDITIONAL WEAPONRY. The Director of the Secret Service shall evaluate the practicability of equipping agents and officers with weapons other than those provided to officers and agents of the Secret Service as of the date of enactment of this Act, including nonlethal weapons. SEC. 11. SECURITY COSTS FOR SECONDARY RESIDENCES. (a) In General.--The Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) is amended by striking section 4 and inserting the following: ``SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON NON-GOVERNMENTAL PROPERTIES. ``The Secret Service shall notify the Committees on Appropriations of the House and Senate of any expenditures for permanent facilities, equipment, and services to secure any non-Governmental property in addition to the one non-Governmental property designated by each protectee under subsection (a) or (b) of section 3.''. (b) Conforming Amendments.--The Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note), as amended by this Act, is further amended-- (1) in section 3(b), by striking ``any expenditures by the Secret Service'' and all that follows through ``imposed under section 4'' and inserting ``any expenditures by the Secret Service for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection (a) are subject to the requirements set forth in section 4''; and (2) in section 5(c), by striking ``within the limitations imposed under section 4''. SEC. 12. ESTABLISHMENT OF ETHICS PROGRAM OFFICE. Subject to the oversight of the Office of Chief Counsel of the United States Secret Service, the Director of the Secret Service shall establish an Ethics Program Office, consisting of a minimum of two employees, to administer the provisions of the Ethics in Government Act of 1978, as amended, and to provide increased training to employees of the United States Secret Service. SEC. 13. SECRET SERVICE PROTECTION AT POLLING PLACES. Section 592 of title 18, United States Code, is amended by adding at the end the following: ``This section shall not prevent any officer or agent of the United States Secret Service from providing armed protective services authorized under section 3056 or pursuant to a Presidential memorandum at any place where a general or special election is held.''. SEC. 14. SENSE OF CONGRESS. It is the sense of Congress that an assessment made by the Secretary of Homeland Security or the Director of the Secret Service with regard to physical security of the White House and attendant grounds, and any security-related enhancements thereto should be accorded substantial deference by the National Capital Planning Commission, the Commission of Fine Arts, and any other relevant entities.

Secret Service Reauthorization Act of 2017 This bill amends the federal criminal code to: (1) subject the appointment of the Director of the U.S. Secret Service to the advice and consent of the Senate; (2) prohibit knowingly entering an object into any restricted building or grounds to impede or disrupt the orderly conduct of government business or official functions; and (3) prohibit knowingly and willfully threatening to kill, kidnap, or harm former Vice Presidents, their spouses, or their children under age 16 or any person protected by the Secret Service under a presidential memorandum. The Director must increase the annual number of training hours for Secret Service officers and agents. The Director is authorized to: (1) construct facilities at the Rowley Training Center to improve the training of U.S. Secret Service Uniformed Division officers and Secret Service agents, and (2) hire not fewer than 200 additional officers for such division and 85 additional agents for the Secret Service Presidential Protective Detail. The Director shall adopt improved procedures for: (1) evaluating vulnerabilities in White House security and threats to persons protected by the Secret Service, and (2) evaluating the use of technology to improve such security and respond to such threats. The Director is required to evaluate the practicability of equipping agents and officers with weapons other than those currently provided. Provisions of the Presidential Protection Assistance Act of 1976 requiring expenditures above a specified amount by the Secret Service for securing any non-governmental property in addition to the one non-governmental property designated by each protectee to be approved by the House and Senate Appropriations Committees are replaced with provisions requiring the Secret Service to notify such committees of any such expenditures. The Director shall establish an Ethics Program Office. A Secret Service officer may provide armed protective services authorized by statute or pursuant to a presidential memorandum at any place where a general or special election is held.

Secret Service Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surety Bond Improvement Act of 2007''. SEC. 2. DEFINITIONS. In this Act, the terms ``Administrator'' and ``Administration'' mean the Small Business Administration and the Administrator thereof, respectively. SEC. 3. SURETY BONDS. (a) Rates.--Section 411(a) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)) is amended-- (1) in paragraph (1), by striking ``$2,000,000'' and inserting ``$3,000,000''; and (2) by adding at the end the following: ``(6) The Administrator shall authorize a surety that issues, monitors, or services bonds under paragraph (3) to use rates approved by the insurance commissioner in the State in which such contract will be performed.''. (b) Payment of Guarantees.--Section 411(b) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(b)) is amended-- (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (2) by striking ``Subject to the provisions'' and inserting the following: ``Indemnification.-- ``(1) In general.--Subject to the provisions''; (3) by striking ``: Provided, however'' and inserting ``. ``(2) Conditions.--For a guarantee under this subsection-- ''; (4) by striking ``In no event shall'' and inserting the following: ``(3) Maximum amount.--In no event shall''; and (5) by adding at the end the following: ``(4) Payment of guarantees.--The Administrator may not refuse to make payment on a guarantee under this subsection based on facts, circumstances, or defects that the Administrator reasonably should have identified during the process of making the guarantee.''. (c) Reports to Congress.-- (1) In general.--On the date on which the Administrator provides notice of a proposed change in fees under section 411(h) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(h)), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publically available, a report regarding the basis for the change in fees. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) the contents of any study used by the Administrator in determining whether to change fees under section 411(h) of the Small Business Investment Act of 1958; and (B) the total amount of fees received under such section 411(h) and the total cost of the program under part B of title IV of the Small Business Investment Act of 1958 (15 U.S.C. 694a et seq.)-- (i) for the first report submitted under paragraph (1), during the 3-year period ending on the date of the submission of the report; and (ii) for each subsequent report, during the period beginning on the date of the submission of the prior report submitted under paragraph (1) and ending on the date of submission of such subsequent report. (d) Sense of Congress.--It is the sense of Congress that the program under part B of title IV of the Small Business Investment Act of 1958 (15 U.S.C. 694a et seq.) is not required to be self-funding and, therefore, the program may at times operate at a loss. SEC. 4. MEDIATION. (a) In General.--Not later than 180 days after the date of enactment of this Act, and in accordance with subchapter IV of chapter 5 of title 5, United States Code, the Administrator shall promulgate regulations establishing a nonbinding, neutral, third party alternative dispute resolution procedure for mediating an issue in controversy between a participating surety and the Administration. (b) Contents.--The regulations promulgated under subsection (a) shall-- (1) permit either a participating surety or the Administration to request alternative dispute resolution proceedings; and (2) establish-- (A) a process for selecting a neutral, third party mediator; (B) a reasonable time frame for the conclusion of any mediation under this section; and (C) a method for sharing the costs of any mediation under this section between a participating surety and the Administration. (c) Definitions.--In this section-- (1) the term ``issue in controversy'' has the meaning given that term in section 571 of title 5, United States Code; (2) the term ``participating surety'' means a surety participating in a program under part B of title IV of the Small Business Investment Act of 1958 (15 U.S.C. 694a et seq.); and (3) the term ``surety'' has the meaning given that term in section 410 of the Small Business Investment Act of 1958 (15 U.S.C. 694a).

Surety Bond Improvement Act of 2007 - Amends the Small Business Investment Act of 1958 to: (1) authorize the Administrator of the Small Business Administration (SBA) to guarantee any surety against loss from a small business principal's breach of bond on any total work or contract amount that does not exceed $3 million (under current law, $2 million); (2) direct the Administrator to authorize a surety that issues, monitors, or services such bonds to use rates approved by the insurance commissioner in the state in which the contract will be performed; and (3) prohibit the Administrator from refusing to make payment on a surety guarantee based on facts, circumstances, or defects that the Administrator should reasonably have identified during the guarantee process. Requires the Administrator to notify the congressional small business committees regarding a proposed change in fees charged to guarantee surety bonds. Expresses the sense of Congress that the surety bond guarantee program is not required to be self-funding and, therefore, may at times operate at a loss. Directs the Administrator to establish a third-party alternative dispute resolution procedure for mediating an issue in controversy between a participating surety and the SBA.

A bill to amend the Small Business Investment Act of 1958 to improve surety bond guarantees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Official Personnel File Enhancement Act''. SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN SEPARATED EMPLOYEE'S OFFICIAL PERSONNEL FILE. (a) In General.--Subchapter I of chapter 33 of title 5, United States Code, is amended by inserting after section 3321 the following: ``Sec. 3322. Voluntary separation before resolution of personnel investigation ``(a) With respect to any employee occupying a position in the competitive service or the excepted service who is the subject of a personnel investigation and resigns from Government employment prior to the resolution of such investigation, the head of the agency from which such employee so resigns shall, if an adverse finding was made with respect to such employee pursuant to such investigation, make a permanent notation in the employee's official personnel record file. The head shall make such notation not later than 40 days after the date of the resolution of such investigation. ``(b) Prior to making a permanent notation in an employee's official personnel record file under subsection (a), the head of the agency shall-- ``(1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy of the adverse finding and any supporting documentation; ``(2) provide the employee with a reasonable time, but not less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded (a summary of which shall be included in any notation made to the employee's personnel file under subsection (d)); and ``(3) provide a written decision and the specific reasons therefore to the employee at the earliest practicable date. ``(c) An employee is entitled to appeal the decision of the head of the agency to make a permanent notation under subsection (a) to the Merit Systems Protection Board under section 7701. ``(d)(1) If an employee files an appeal with the Merit Systems Protection Board pursuant to subsection (c), the agency head shall make a notation in the employee's official personnel record file indicating that an appeal disputing the notation is pending not later than 2 weeks after the date on which such appeal was filed. ``(2) If the head of the agency is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) from the employee's official personnel record file. ``(3) If the employee is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) and the notation of an adverse finding made under subsection (a) from the employee's official personnel record file. ``(e) In this section, the term `personnel investigation' includes-- ``(1) an investigation by an Inspector General; and ``(2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under chapter 43 or chapter 75.''. (b) Application.--The amendment made by subsection (a) shall apply to any employee described in section 3322 of title 5, United States Code, (as added by such subsection) who leaves the service after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections of subchapter I of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3321 the following: ``3322. Voluntary separation before resolution of personnel investigation.''. SEC. 3. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL EMPLOYEES BEFORE REHIRING. (a) In General.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 3330e. Review of official personnel file of former Federal employees before rehiring ``(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider the information relating to such employee's former period or periods of service in such employee's official personnel record file. ``(b) In subsection (a), the term `former Government employee' means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection (a) was within the competitive service or the excepted service. ``(c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section.''. (b) Application.--The amendment made by subsection (a) shall apply to any former Government employee (as described in section 3330e of title 5, United States Code, as added by such subsection) appointed or reinstated on or after the date that is 180 days after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections of subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``3330e. Review of official personnel file of former Federal employees before rehiring.''. Passed the House of Representatives April 26, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on March 16, 2016. Official Personnel File Enhancement Act (Sec. 2) This bill requires that a permanent notation be made in the official personnel record file of a federal employee in the competitive or excepted service who is the subject of a personnel investigation and who resigns prior to the resolution of such investigation, if an adverse finding is made against such employee at the close of such investigation. The bill defines "personnel investigation" to include: (1) an investigation by an Inspector General; and (2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under provisions relating to performance appraisals or adverse actions. The agency employing such employee shall make such notation within 40 days after the resolution of such investigation. Prior to making such notation, the agency shall: notify the employee in writing within 5 days of such resolution and provide such employee a copy of the adverse finding and any supporting documentation, provide the employee at least 30 days to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded, and provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date. The bill entitles an employee to appeal the agency's decision to the Merit Systems Protection Board. Such an appeal shall be noted in the employee's file while the appeal is pending. If the employee is the prevailing party on appeal, the agency shall remove the notation regarding the adverse finding from the employee's file within two weeks after the Board issues its decision. (Sec. 3) The bill requires any federal government appointing authority to review and consider the personnel file of a former federal employee who is a candidate for a position within the competitive or excepted service prior to appointing or reinstating such employee to such a position.

Official Personnel File Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo Exploration Award Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On July 20, 1969, Neil A. Armstrong and Edwin E. ``Buzz'' Aldrin Jr., became the first humans to set foot on another celestial body, during the Apollo 11 mission, accompanied in lunar orbit by Michael Collins. (2) Between 1969 and 1972, ten other Americans courageously completed the first human exploration of the lunar surface, accompanied by five command module pilots: (A) Apollo 12--Charles J. ``Pete'' Conrad Jr., Alan L. Bean, and Richard F. Gordon Jr. (B) Apollo 14--Alan B. Shepard Jr., Edgar D. Mitchell, and Stuart A. Roosa. (C) Apollo 15--David R. Scott, James B. Irwin, and Alfred M. Worden. (D) Apollo 16--John W. Young, Charles M. Duke Jr., and Thomas K. Mattingly II. (E) Apollo 17--Eugene A. Cernan, Ronald E. Evans, and Harrison H. Schmitt. (3) In April 1970, James A. Lovell Jr., John L. Swigert Jr., and Fred W. Haise Jr., valiantly made a safe return from the Moon on the Apollo 13 mission, after their command module was disabled by an explosion. (4) The enormous successes of the Apollo lunar landing missions were only possible due to the pioneering work of the previous Apollo missions, which performed critical testing of the spacecraft and methods, and conducted the first human travel to the Moon: (A) Apollo 7--Walter M. Schirra Jr., Donn F. Eisele, and R. Walter Cunningham. (B) Apollo 8--Frank Borman, James A. Lovell Jr., and William A. Anders. (C) Apollo 9--James A. McDivitt, David R. Scott, and Russell L. Schweickart. (D) Apollo 10--Thomas P. Stafford, John W. Young, and Eugene A. Cernan. (5) In January 1967, astronauts Virgil I. Grissom, Edward H. White, and Roger B. Chaffee lost their lives in a tragic fire in the command module while testing the spacecraft which would have carried them on the first manned Apollo mission. (6) Since the time of the Apollo program, the program's astronauts have promoted space exploration and human endeavor by sharing their experiences with the American people and the world, stimulating the imagination and the belief that any goal can be achieved. (7) Sadly, astronauts John L. Swigert Jr., Donn F. Eisele, Ronald E. Evans, James B. Irwin, Stuart A. Roosa, Alan B. Shepard Jr., and Charles J. ``Pete'' Conrad Jr., have died since completing their missions. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the American people should provide a fitting and tangible tribute to each of the astronauts of the Apollo program, to recognize and commemorate their bravery, substantial scientific and technical accomplishments, and unique contributions to American and world history. SEC. 4. APOLLO EXPLORATION AWARD. (a) In General.--The Administrator of the National Aeronautics and Space Administration (hereafter in this Act referred to as the ``Administrator'') shall design and present an appropriate award, to be named the ``Apollo Exploration Award'', commemorating the accomplishments of the astronauts who flew in the Apollo program. (b) Design.--The Administrator shall ensure that the Apollo Exploration Award shall have the following characteristics: (1) A lunar rock sample shall be the central feature of the award. (2) The design of the award shall permit free access to and removal of the lunar sample by the award recipient. (c) Presentation.--The Administrator shall present one award created under this Act to each of the following Apollo astronauts, or if such person is deceased, to his closest living family member or heir (as determined by the Administrator): (1) Buzz Aldrin (formerly known as Edwin E. Aldrin Jr.) of Apollo 11. (2) William A. Anders of Apollo 8. (3) Neil A. Armstrong of Apollo 11. (4) Alan L. Bean of Apollo 12. (5) Frank Borman of Apollo 8. (6) Eugene A. Cernan of Apollo 10 and Apollo 17. (7) Roger B. Chafee of Apollo 1. (8) Michael Collins of Apollo 11. (9) Charles J. ``Pete'' Conrad Jr. of Apollo 12. (10) R. Walter Cunningham of Apollo 7. (11) Charles M. Duke Jr. of Apollo 16. (12) Donn F. Eisele of Apollo 7. (13) Ronald E. Evans of Apollo 17. (14) Richard F. Gordon Jr. of Apollo 12. (15) Virgil I. Grissom of Apollo 1. (16) Fred W. Haise Jr. of Apollo 13. (17) James B. Irwin of Apollo 15. (18) James A. Lovell Jr. of Apollo 8 and Apollo 13. (19) Thomas K. Mattingly II of Apollo 16. (20) James A. McDivitt of Apollo 9. (21) Edgar D. Mitchell of Apollo 14. (22) Stuart A. Roosa of Apollo 14. (23) Walter M. Schirra Jr. of Apollo 7. (24) Harrison H. Schmitt of Apollo 17. (25) Russell L. Schweickart of Apollo 9. (26) David R. Scott of Apollo 9 and Apollo 15. (27) Alan B. Shepard Jr. of Apollo 14. (28) Thomas P. Stafford of Apollo 10. (29) John L. Swigert Jr. of Apollo 13. (30) Edward H. White of Apollo 1. (31) Alfred M. Worden of Apollo 15. (32) John W. Young of Apollo 10 and Apollo 16. SEC. 5. PROHIBITION ON PROFIT. No person may use an award presented under this Act for monetary gain or profit. SEC. 6. TRANSFER OF AWARD. (a) In General.--Notwithstanding any other provision of law, ownership interest in an award presented under this Act may not be-- (1) sold, traded, bartered, or exchanged for anything of value; or (2) otherwise transferred, other than to a family member of the original recipient of the award or by inheritance. (b) Exception for Public Display.--The prohibition in subsection (a) does not apply to a transfer to a museum or nonprofit organization for the purpose of public display. (c) Reversion.--Ownership of an award presented under this Act reverts to the Administrator if-- (1) no person inherits the award after the death of its owner; or (2) the award is not being displayed publicly under subsection (b). SEC. 7. RECALL OF LUNAR MATERIAL. (a) In General.--The Administrator may recall a lunar sample contained in an award presented under this Act if the Administrator determines that the particular lunar sample is required for scientific purposes. (b) Prompt Return.--The Administrator shall promptly return a lunar sample recalled under subsection (a) to its owner when such sample is no longer required for scientific purposes. (c) Replacement.--The Administrator may replace a lunar sample recalled under subsection (a) with a substantially equivalent lunar sample if the Administrator determines that such recalled lunar sample will not be promptly returned in its entirety and without substantial degradation. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Requires the Administrator of the National Aeronautics and Space Administration to design and present an Apollo Exploration Award, commemorating the accomplishments of the astronauts who flew in the Apollo program. Requires the award to make a lunar rock sample its central feature.Specifies award recipients.Prohibits: (1) the use of the award for monetary gain or profit; or (2) its transfer other than to a family member of the original recipient or by inheritance.Provides for: (1) recall of a lunar sample contained in the award if the Administrator determines that such sample is required for scientific purposes; (2) prompt return of the sample to its owner when it is no longer required; and (3) replacement of the sample with a substantially equivalent one if the Administrator determines that it will not be promptly returned in its entirety and without substantial degradation.

Apollo Exploration Award Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Our Nation's Application Privacy Act of 2014'' or the ``SNAP Act of 2014''. SEC. 2. ACCESS BY MOBILE APPLICATIONS TO CERTAIN DEVICE CONTENT AND FUNCTIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, that require-- (1) any person who develops, sells or offers for sale, or otherwise makes available to consumers a mobile application to ensure that the application does not access any content or functions described in subsection (b) while the application is not actively in use, unless-- (A) the application triggers the disclosure and consent functions of the mobile platform or operating system described in paragraph (2); and (B) the user grants affirmative express consent as described in such paragraph; and (2) any person who develops, sells or offers for sale, or otherwise makes available to consumers a mobile platform or operating system to ensure that the mobile platform or operating system-- (A) immediately before any mobile application that is installed on the mobile device and that is not actively in use accesses any content or functions described in subsection (b), provides the user of the device with a disclosure of such access and the opportunity to grant affirmative express consent to such access or to deny such access; and (B) prevents the application from engaging in such access unless the user of the device grants such affirmative express consent. (b) Content Described.--The content and functions described in this subsection are the following: (1) Information about the geographic location of the device. (2) Contact information of individuals stored on the device. (3) Photographs, video recordings, or audio recordings stored on the device. (4) Events or notations stored in a calendar application (or an application with calendar functions) on the device. (5) A camera of the device or any information obtained from such a camera. (6) A microphone of the device or any information obtained from such a microphone. (7) Such additional content or functions specified by the Federal Trade Commission in the regulations promulgated under subsection (a) as the Commission considers necessary to protect the privacy of users of mobile devices. SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of a regulation promulgated under section 2 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Federal Trade Commission shall enforce the regulations promulgated under section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 4. DEFINITIONS. In this Act: (1) Actively in use.--The term ``actively in use'' means, with respect to a mobile application, that-- (A) the application is operating in accordance with the terms of service provided by the developer of the application to the user of the mobile device; and (B) the user of the mobile device is interacting with the application or the application is otherwise operating in a manner such that a user of ordinary technical expertise and experience would consider the application to be active, open, or running. (2) Mobile application.--The term ``mobile application'' means a software program that runs on the mobile platform or operating system of a mobile device. (3) Mobile device.--The term ``mobile device'' means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection. (4) Mobile platform or operating system.--The term ``mobile platform or operating system'' means the software that enables the basic functionality of a mobile device and the installation and use of mobile applications on the device.

Securing Our Nation's Application Privacy Act of 2014 or the SNAP Act of 2014 - Directs the Federal Trade Commission (FTC) to promulgate regulations that require any person who develops, sells or offers for sale, or makes available to consumers: (1) a software program that runs on the mobile platform or operating system of a mobile device (mobile application) to ensure that such application does not access specified content or functions stored on a mobile device while the application is not actively in use, unless the application triggers disclosure and consent functions of the mobile platform or operating system and the user grants affirmative express consent; and (2) a mobile platform or operating system to ensure that such platform or operating system provides device users with a disclosure immediately before any application that is not actively in use accesses any such content or functions and prevents such access unless the user grants such express consent. Specifies categories of content and functions prohibited from being accessed without consent, including: (1) geographic location; (2) contact information; (3) photographs, videos, or audio recordings; (4) events or notations stored in a calendar application; and (5) a camera, microphone, or any information obtained from such a camera or microphone. Requires violations of such regulations to be treated as unfair or deceptive acts or practice under the Federal Trade Commission Act.

SNAP Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Tax Incentives Act of 2007''. SEC. 2. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL COSTS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL COSTS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) the hydrogen installation and infrastructure costs credit determined under subsection (b), and ``(2) the hydrogen fuel costs credit determined under subsection (c). ``(b) Hydrogen Installation and Infrastructure Costs Credit.-- ``(1) In general.--For purposes of subsection (a), the hydrogen installation and infrastructure costs credit determined under this subsection with respect to each eligible hydrogen production and distribution facility of the taxpayer is an amount equal to-- ``(A) 30 percent of so much of the installation costs which when added to such costs taken into account with respect to such facility for all preceding taxable years under this subparagraph does not exceed $200,000, plus ``(B) 30 percent of so much of the infrastructure costs for the taxable year as does not exceed $200,000 with respect to such facility, and which when added to such costs taken into account with respect to such facility for all preceding taxable years under this subparagraph does not exceed $600,000. Nothing in this section shall permit the same cost to be taken into account more than once. ``(2) Eligible hydrogen production and distribution facility.--For purposes of this subsection, the term `eligible hydrogen production and distribution facility' means a hydrogen production and distribution facility which is placed in service after December 31, 2008. ``(c) Hydrogen Fuel Costs Credit.-- ``(1) In general.--For purposes of subsection (a), the hydrogen fuel costs credit determined under this subsection with respect to each eligible hydrogen device of the taxpayer is an amount equal to the qualified hydrogen expenditure amounts with respect to such device. ``(2) Qualified hydrogen expenditure amount.--For purposes of this subsection-- ``(A) In general.--The term `qualified hydrogen expenditure amount' means, with respect to each eligible hydrogen energy conversion device of the taxpayer with a production capacity of not more than 25 kilowatts of electricity per year, the lesser of-- ``(i) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for hydrogen which is consumed by such device, and ``(ii) $2,000. In the case of any device which is not owned by the taxpayer at all times during the taxable year, the $2,000 amount in subparagraph (B) shall be reduced by an amount which bears the same ratio to $2,000 as the portion of the year which such device is not owned by the taxpayer bears to the entire year. ``(B) Higher limitation for devices with more production capacity.--In the case of any eligible hydrogen energy conversion device with a production capacity of-- ``(i) more than 25 but less than 100 kilowatts of electricity per year, subparagraph (A) shall be applied by substituting `$4,000' for `$2,000' each place it appears, and ``(ii) not less than 100 kilowatts of electricity per year, subparagraph (A) shall be applied by substituting `$6,000' for `$2,000' each place it appears. ``(3) Eligible hydrogen energy conversion devices.--For purposes of this subsection-- ``(A) In general.--The term `eligible hydrogen energy conversion device' means, with respect to any taxpayer, any hydrogen energy conversion device which-- ``(i) is placed in service after December 31, 2004, and ``(ii) is wholly owned by the taxpayer during the taxable year. If an owner of a device (determined without regard to this subparagraph) provides to the primary user of such device a written statement that such user shall be treated as the owner of such device for purposes of this section, then such user (and not such owner) shall be so treated. ``(B) Hydrogen energy conversion device.--The term `hydrogen energy conversion device' means-- ``(i) any electrochemical device which converts hydrogen into electricity, and ``(ii) any combustion engine which burns hydrogen as a fuel. ``(d) Reduction in Basis.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to amounts which (but for subsection (g) would be allowed as a deduction under section 162 shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(B) the tentative minimum tax for the taxable year. ``(f) Denial of Double Benefit.--The amount of any deduction or other credit allowable under this chapter for any cost taken into account in determining the amount of the credit under subsection (a) shall be reduced by the amount of such credit attributable to such cost. ``(g) Recapture.--The Secretary shall, by regulations, provided for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(h) Election Not To Take Credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(i) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(j) Termination.--This section shall not apply to any costs after December 31, 2010.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the portion of the hydrogen installation, infrastructure, and fuel credit to which section 30D(e)(1) applies.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30D(e)(2),'' after ``30C(d)(2),''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(d).''. (4) Section 6501(m) of such Code is amended by inserting ``30D(h),'' after ``30C(e)(5),''. (5) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Hydrogen installation, infrastructure, and fuel costs.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007, in taxable years ending after such date.

Hydrogen Tax Incentives Act of 2007 - Amends the Internal Revenue Code to allow a tax credit through December 31, 2010, for hydrogen installation and infrastructure costs and hydrogen fuel costs.

A bill to amend the Internal Revenue Code of 1986 to establish the infrastructure foundation for the hydrogen economy, and for other purposes.

SECTION 1. DISCLOSURE AND PAYMENT OF NONCOMMERCIAL AIR TRAVEL. (a) Rules.-- (1) Disclosure and payment.--Paragraph 2 of rule XXXV of the Standing Rules of the Senate is amended by adding at the end the following: ``(f) A Member, officer, or employee of the Senate shall-- ``(1) disclose a flight on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire, excluding a flight on an aircraft owned, operated, or leased by a governmental entity, taken in connection with the duties of the Member, officer, or employee as an officeholder or Senate officer or employee; ``(2) reimburse the owner or lessee of the aircraft for the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size by the number of members, officers, or employees of the Congress on the flight); and ``(3) with respect to the flight, file a report with the Secretary of the Senate, including the date, destination, and owner or lessee of the aircraft, the purpose of the trip, and the persons on the trip, except for any person flying the aircraft.''. (2) Fair market value of noncommercial air travel.-- Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate is amended-- (A) by inserting (A) after (1); and (B) by adding at the end the following: ``(B) Fair market value for a flight on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire shall be the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size.''. (3) Reimbursement.--Paragraph 1 of rule XXXVIII of the Standing Rules of the Senate is amended by adding at the end the following: ``(c) Use of an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire shall be valued for purposes of reimbursement under this rule as provided in paragraph 2(g)(2) of rule XXXV.''. (b) FECA.-- (1) Disclosure.--Section 304(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) in the case of a principal campaign committee of a candidate (other than a candidate for election to the office of President or Vice President), any flight taken by the candidate (other than a flight designated to transport the President, Vice President, or a candidate for election to the office of President or Vice President) during the reporting period on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire, together with the following information: ``(A) The date of the flight. ``(B) The destination of the flight. ``(C) The owner or lessee of the aircraft. ``(D) The purpose of the flight. ``(E) The persons on the flight, except for any person flying the aircraft.''. (2) Exclusion of paid flight from definition of contribution.--Subparagraph (B) of section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (A) in clause (xiii), by striking ``and'' at the end; (B) in clause (xiv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(xv) any travel expense for a flight taken by the candidate (other than a flight designated to transport the President, Vice President, or a candidate for election to the office of President or Vice President) on an aircraft that is not licensed by the Federal Aviation Administration to operate for compensation or hire: Provided, That the candidate (or the authorized committee of the candidate) pays to the owner, lessee, or other individual who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size by the number of candidates on the flight) by not later than 7 days after the date on which the flight is taken.''.

Amends Rule XXXV (Gifts) of the Standing Rules of the Senate to require a Member, officer, or employee of the Senate to: (1) disclose a flight taken in connection with official duties on an aircraft that is not licensed by the Federal Aviation Administration (FAA) to operate for compensation or hire (unless it is owned, operated, or leased by a governmental entity); (2) reimburse the aircraft's owner or lessee for the pro rata share of the flight's fair market value; and (3) report to the Secretary of the Senate specified information about the trip, including its purpose and the persons on it (other than the pilot). Declares that the fair market value of noncommercial air travel is the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size. Amends Rule XXXVIII (Prohibition of Unofficial Office Accounts) to prescribe the value for reimbursement purposes of the use of an aircraft that is not licensed by the FAA to operate for compensation or hire. Amends the Federal Election Campaign Act of 1971 (FECA) to require a principal campaign committee disclosure report of such a flight by a federal office candidate (other than one for President or Vice President). Excludes from the FECA definition of "contribution" any travel expense for such a flight if within seven days the candidate (or the candidate's authorize committee) pays the owner, lessee, or other individual providing the airplane the pro rata share of the flight's fair market value.

A bill to require disclosure and payment of noncommercial air travel in the Senate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grid Reliability Act of 2014''. SEC. 2. GRID RELIABILITY. (a) Compliance Under Emergency Orders.--Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended-- (1) by striking ``(c) During'' and inserting the following: ``(c) Temporary Connection and Exchange of Facilities During Emergency.-- ``(1) In general.--During''; (2) by striking ``If the parties'' and inserting the following: ``(2) Terms.--If the parties''; and (3) by adding at the end the following: ``(3) Administration of orders conflicting with other laws.--In the case of an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation), the Commission shall ensure that the order-- ``(A) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and ``(B) to the maximum extent practicable-- ``(i) is consistent with any applicable Federal, State, or local environmental law (including a regulation); and ``(ii) minimizes any adverse environmental impacts. ``(4) Applicability of other laws conflicting with orders.--To the extent that an omission or action taken by a party to comply with an order issued under this subsection (including any omission or action taken to voluntarily comply with the order) results in noncompliance with, or causes a party to not comply with, any Federal, State, or local environmental law (including a regulation), the omission or action shall not be subject to any requirement, civil or criminal liability, or a citizen suit under the environmental law (or regulation). ``(5) Renewal or reissuance of orders conflicting with other laws.-- ``(A) In general.--An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation) shall expire not later than 90 days after the date the order is issued. ``(B) Renewal or reissuance of orders.--The Commission may renew or reissue the order in accordance with this subsection for subsequent periods of not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. ``(C) Administration.--In renewing or reissuing an order under this paragraph, the Commission shall-- ``(i) consult with the primary Federal agency with expertise in the environmental interest protected by the law (or regulation); and ``(ii) include in the renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts, to the maximum extent practicable. ``(D) Public availability.--Any conditions submitted by a Federal agency described in subparagraph (C)(i) shall be made available to the public. ``(E) Exclusion of conditions.--The Commission may exclude a condition described in subparagraph (D) from the renewed or reissued order if the Commission-- ``(i) determines that the condition would prevent the order from adequately addressing the emergency necessitating the order; and ``(ii) provides in the order, or otherwise makes publicly available, an explanation of the determination. ``(6) Orders that are stayed, modified, or set aside.--If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect (including any omission or action taken to voluntarily comply with the order) shall remain subject to paragraph (4).''. (b) Temporary Connection or Construction by Municipalities.-- Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by inserting ``or municipality'' after ``any person''.

Grid Reliability Act of 2014 - Amends the Federal Power Act, with respect to temporary connection and exchange of facilities during an emergency, to direct the Federal Energy Regulatory Commission (FERC), if an order conflicts with any federal, state, or local environmental law or regulation, to ensure that the order: (1) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; (2) is consistent, to the maximum extent practicable, with federal, state, or local environmental law and regulations; and (3) minimizes any adverse environmental impacts. Shields from either civil or criminal liability, including a citizen suit under environmental law or regulation, those actions or omissions taken by a party to comply with an order issued pursuant to this Act, even if the order is subsequently stayed, modified, or set aside by a court. Declares that an order issued under this Act which may conflict with federal, state, or local environmental law or regulation expires within 90 days after its issuance date. Authorizes FERC to renew or reissue an order for subsequent 90-day periods if necessary to meet the emergency and serve the public interest.

Grid Reliability Act of 2014

SECTION 1. SHORT TITLE AND PURPOSE (a) Short Title.--This Act may be cited as the ``Safe Medications Act of 1993''. (b) Purpose.--It is the purpose of this Act to have the Secretary of Health and Human Services create a data bank for reports of errors in the prescribing, dispensing, and administration of drugs, to establish a program using such data to assist in preventing such errors, and to educate and inform health care professionals of the deaths that may occur in the course of drug therapy. SEC. 2. REPORTING. (a) In General.--Any pharmacy, hospital, long-term care facility, physician's office, or other health care facility, as defined by the Secretary of Health and Human Services by regulation, in which an error occurs in the prescribing, dispensing, or administration of a drug to an individual which results in the individual's death shall report such error and resulting death to the Secretary of Health and Human Services under section 3. Such a report shall be made not later than 10 working days after the date of the discovery of the error resulting in such death. (b) Report Requirements.--Each report of an error in the prescribing, dispensing, or administration of a drug to an individual shall contain-- (1) an identification of the person making the report, including the address and telephone number of such person, and the name and address of the facility in which the error occurred, (2) the brand names of the drugs involved, the generic names of the drugs, the manufacturers of the drugs, the labeler of the drug if different from the manufacturer, the dosage form of the drugs, the strength of the drugs, and the type and size of the containers, (3) the lot number of the drugs, if available, (4) a description of the error, (5) information on the patient for whom the drug was prescribed, dispensed, or administered, including the patient's age and sex, (6) the diagnosis for which the drug was prescribed, dispensed, or administered, (7) the date and time the death, and (8) when and how the error was discovered. SEC. 3. DATA BANK. (a) Establishment.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall establish a data bank to receive reports under section 2 of errors resulting in deaths. (b) Secretarial Action.-- The Secretary shall review information reported to the data bank on an ongoing basis to determine trends relating to drugs and shall report such information to the compilers of the official compendia on an ongoing basis for consideration of revision of the packaging and labeling requirements or other standards for drugs for dissemination of information to physicians, pharmacists, and other health professionals involved in the prescribing, dispensing, and administration of drugs to patients. Such reporting of aggregate data shall be done in a manner which assists such health professionals in identifying and reducing patterns and incidents of inappropriate and misuse associated with certain drugs. (c) Confidentiality.-- The identity of a person making a report to the data bank, the deceased, or the individual believed to have caused the error shall be considered as privileged and confidential information for purposes of any law requiring disclosure of information. (d) Shared Information.--The Secretary shall share the reported information with licensing, accreditation, and inspection organizations for their followup with the appropriate organization to ensure that there has not been underreporting of medication errors related to deaths. (e) Enforcement.--Whoever with false pretenses reports to the data bank, requests information from the data bank, or unlawfully gains access to the data bank shall be fined not more than $15,000 or imprisoned for not more than 3 years, or both, except that if a person commits a violation of this subsection after a conviction for a violation of this subsection has become final, such person shall be fined not more than $25,000 or imprisoned for not more than 3 years, or both. SEC. 4. PENALTIES. (a) Imposition of Fine.--Any institution that does not make a report as required by section 2 shall be subject to a fine of $15,000 for each report not made. Within 60 days of a conviction under this subsection, a person shall submit to the Secretary of Health and Human Services a plan for the reporting to the data bank of drug prescribing, dispensing, and administration errors. (b) Mandatory Exclusion from Medicare and State Health Care Programs.--Section 1128(a) of the Social Security Act (42 U.S.C. 1320a- 7(a)) is amended by adding at the end the following new paragraph: ``(3) Failure to report deaths resulting from errors in the prescribing, dispensing, and administration of drugs.--Any individual or entity that has failed to meet the requirements of section 2 of the Safe Medications Act of 1993.''. SEC. 5. AUTHORIZATION. There are authorized to be appropriated to carry out this Act and the amendment made by this Act such sums as may be necessary.

Safe Medications Act of 1993 - Requires any health care facility in which an error in the prescribing, dispensing, or administration of a drug results in an individual's death, to report such error and resulting death to a data bank to be established by the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. Requires the Secretary to review reported information to determine trends relating to drugs and to report to compilers of the official compendia for consideration of revisions of packaging and labeling requirements and dissemination to health professionals. Imposes fines for reporting to or requesting information from the data bank under false pretenses and for gaining access to the data bank unlawfully. Prescribes penalties for failing to make required reports. Amends the Social Security Act to exclude any individual or entity from Medicare and State health care programs for noncompliance with this Act. Authorizes appropriations.

Safe Medications Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for the 21st Century (E- 21) Act''. SEC. 2. PURPOSE. It is the purpose of this Act to enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace. SEC. 3. FINDINGS. The Congress finds the following: (1) Establishing computer literacy programs for students will help ensure that the Nation's children are receiving the skills needed for advanced education and for securing employment in the 21st century. (2) Computer literacy skills, such as information gathering, critical analysis and communication with the latest technology, build upon the necessary basics of reading, writing, mathematics, and other core subject areas. (3) According to a study conducted by the Educational Testing Service (ETS), eighth-grade mathematics students whose teachers used computers for simulations and applications outperformed students whose teachers did not use such educational technology. (4) Although an ever increasing amount of schools are obtaining the latest computer hardware, schools will not be able to take advantage of the benefits of computer-based learning unless teachers are effectively trained in the latest educational software applications. (5) The Educational Testing Service study showed that students whose teachers received training in computers performed better than other students. The study also found that schools that provide teachers with professional development in computers enjoyed higher staff morale and lower absenteeism rates. (6) Some of the most exciting applications in educational technology are being developed not only by commercial software companies, but also by secondary school and college students. The fruit of this academic talent should be channeled more effectively to benefit the Nation's elementary and secondary schools. SEC. 4. COMPUTER LITERACY CHALLENGE. (a) Grants Authorized.-- (1) In general.--The Secretary of Education is authorized to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technologically literate. (2) Priority.--The Secretary shall give preference in awarding grants under this section to States that place a priority on training middle school teachers. (b) Uses of Funds.--Grants awarded under this section shall be used for teacher training in technology, with an emphasis on programs that prepare one or more teachers in each elementary, middle, and secondary school in the State to become technology leaders who then serve as experts and train other teachers. (c) Matching Funds.--Each State shall encourage schools that receive assistance under this section to provide matching funds, with respect to the cost of teacher training in technology to be assisted under this section, in order to enhance the impact of the teacher training and to help ensure that all middle school graduates in the State are technologically literate. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2003 through 2007. SEC. 5. HIGH-QUALITY EDUCATIONAL SOFTWARE FOR ALL SCHOOLS. (a) Competitive Grants Authorized.--The Secretary of Education is authorized to award grants, on a competitive basis, to students in secondary schools and institutions of higher education, working with faculty of an institution of higher education, software developers, and experts in educational technology for the development of high-quality educational software and Internet websites by such students, faculty, developers, and experts. (b) Recognition.-- (1) In general.--The Secretary of Education shall recognize outstanding educational software and Internet websites developed with assistance provided under this section. (2) Certificates.--The President is requested to, and the Secretary shall, issue an official certificate signed by the President or the Secretary (or both), to each student and faculty member who develops outstanding educational software or an Internet website recognized under this section. (3) Focus.--The educational software or Internet websites that are recognized under this section shall focus on core curriculum areas. (4) Judges.--The Secretary shall designate official judges to recognize outstanding educational software or Internet websites assisted under this section. (c) Priority.-- (1) First year.--For the first year that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet websites in the areas of mathematics, science, and reading. (2) Second and third years.--For the second and third years that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet websites in the areas described in paragraph (1) and in social studies, the humanities, and the arts. (d) Downloading.--Educational software recognized under this section shall be made available to local educational agencies for free downloading from the Department of Education's Internet website. Internet websites recognized under this section shall be accessible to any user of the World Wide Web. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2003 through 2007.

Education for the 21st Century (E-21) Act - Establishes assistance programs for: (1) middle school computer literacy; and (2) high-quality educational software for all schools.Authorizes the Secretary of Education to award grants to States (especially those with a priority on training middle school teachers) that integrate into the State curriculum the goal of making all middle school graduates in the State technologically literate. Requires use of such grants for teacher training in technology, particularly teachers in elementary, middle, and secondary schools who become technology leaders serving as experts and training other teachers.Authorizes the Secretary to award competitive grants for students at secondary schools and institutions of higher education (IHEs) to work with IHE faculty, software developers, and experts in educational technology in developing high-quality educational software and Internet websites. Directs the Secretary to recognize outstanding software and websites developed with such assistance that focus on core curriculum areas, especially: (1) for the first year of awards, mathematics, science, and reading; and (2) for the second and third years of awards, again mathematics, science, and reading, but also social studies, the humanities, and the arts. Requires: (1) such recognized educational software to be made available to local educational agencies for free downloading from the Department of Education's Internet website; and (2) such recognized Internet websites to be accessible to any World Wide Web user.

To enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Rulemaking Act''. SEC. 2. REGULATORY REVIEW TRANSPARENCY. (a) Unified Regulatory Agenda.-- (1) Establishment.--Not later than December 31, March 31, June 30, and September 30, of each year, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs a unified regulatory agenda. The Administrator shall make each unified regulatory agenda available on a public website in an accessible format. (2) Contents.--The unified regulatory agenda shall contain a list of each regulation under development or review by the agency. Each entry for a regulation shall include, at a minimum, the following: (A) A regulation identifier number. (B) A brief summary of the regulation. (C) The legal authority for the regulation. (D) A statement of whether the Administrator has declared the regulation a significant regulatory action. (E) The stage in the process of issuing the regulation. (F) A statement of whether the regulation has been submitted to the Administrator for review. (G) Any legal deadline for the regulation, including the Public Law number of the statute that mandates such a deadline. (H) Any written communication between an employee or officer of the agency and an employee or officer of the Office of Information and Regulatory Affairs regarding the regulation. (I) Any communication received from the Administrator regarding the regulation describing why further consideration of the regulation is necessary. (3) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Administrator shall review agency compliance with the provisions of this subsection and provide recommendations to bring any noncompliant agency into compliance. (b) Significant Regulatory Action Review.-- (1) In general.--Not later than 90 days after the date on which the unified regulatory agenda is submitted under subsection (a)(1), the Administrator shall review each significant regulatory action listed in the agenda to ensure each action is consistent with applicable law. (2) Extension of review period.--The deadline for review described in paragraph (1) may be extended-- (A) once by not more than 30 days upon written approval of the Director of the Office of Management and Budget; and (B) at the request of the head of the issuing agency. (3) Documentation of extension.--The Administrator shall provide written documentation of the reasoning for any extension of review of a regulation made under paragraph (3) and include such documentation in the unified regulatory agenda listing for the regulation. (4) Third-party communication.--During any review process of a significant regulatory action described in this subsection-- (A) an employee or officer of the Office of Information and Regulatory Affairs may not meet with an individual who is not a Federal employee or officer regarding the substance of such action unless a representative from the issuing agency has been invited; (B) within 10 working days of receipt of any written communication regarding the substance of such action from an individual who is not a Federal employee or officer, the Administrator shall provide such communication to the issuing agency; and (C) within 10 working days of any oral communication regarding the substance of such action with an individual who is not a Federal employee or officer, the Administrator shall provide the date and the name or names of individuals involved in such communication to the issuing agency. (5) Documentation of changes.-- (A) Office of information and regulatory affairs changes.--The Administrator shall document any change made by the Office of Information and Regulatory Affairs to a significant regulatory action during the review process under this subsection and make such change available on a public website in a redline or other easily understood format. (B) Agency changes.--After the Administrator has reviewed a significant regulatory action under this subsection, the head of an agency shall document any change made by the agency to the regulation and make such change available on a public website in a redline or other easily understood format. (6) Return letter.--For each significant regulatory action that the Administrator returns to an agency for further consideration of any provision, the Administrator shall provide the issuing agency with a written explanation of why further consideration is necessary. (c) Agency Removal of a Regulation.--With regard to any proposed regulation that was listed and subsequently removed from a unified regulatory agenda, the head of the agency shall publish a written explanation for such removal on a publicly available website. (d) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs. (2) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code, but does not include an independent regulatory agency as that term is defined in such section. (3) Regulation.--The term ``regulation''-- (A) means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency; and (B) does not include-- (i) regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (ii) regulations that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; and (iii) regulations that are limited to an agency organization, management, or personnel matters. (4) Regulatory action.--The term ``regulatory action'' means any substantive action by an agency normally published in the Federal Register that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking. (5) Significant regulatory action.--The term ``significant regulatory action'' means any regulatory action that is likely to result in a regulation that may-- (A) have an annual effect on the economy of $167,000,000 or more, adjusted annually for inflation to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, rounding to the nearest $1,000,000; (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (C) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (D) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients therein; or (E) raise novel legal or policy issues arising out of legal mandates.

Accountability in Rulemaking Act This bill requires each federal agency to submit to the Office of Information and Regulatory Affairs (OIRA), by December 31, March 31, June 30, and September 30 of each year, a unified regulatory agenda listing each regulation under development or review by such agency. The agenda shall include a brief summary of, and the legal authority for, such regulation and a statement of whether the OIRA has declared the regulation to be a significant regulatory action. A "significant regulatory action" is defined as any regulatory action that is likely to result in a regulation that may: have an annual effect on the economy of $167 million or more; adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; create a serious inconsistency or otherwise interfere with an action of another agency; materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or raise novel legal or policy issues arising out of legal mandates. The OIRA shall: (1) make each such agenda available on a public website, and (2) review each significant regulatory action listed within 90 days of its submission to ensure such action is consistent with applicable law. The bill sets forth limitations on third-party communication during the review process. The OIRA shall: (1) document any change made by it to a significant regulatory action during the review process and make such change available on a public website; and (2) for each such action the OIRA returns to an agency for further consideration, it shall provide a written explanation of why further consideration is necessary.

Accountability in Rulemaking Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Affordability and Risk Notification Act''. SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE REQUIREMENT FOR NEW FLOOD HAZARD AREAS. (a) In General.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsections: ``(i) Delayed Effective Date of Mandatory Purchase Requirement for New Flood Hazard Areas.-- ``(1) In general.--In the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after September 30, 2007, becomes designated as an area having special flood hazards, if each State and local government having jurisdiction over any portion of the geographic area has complied with paragraph (2), such designation shall not take effect for purposes of subsection (a), (b), or (e) of this section, or section 202(a) of this Act, until the expiration of the 5-year period beginning upon the date that such maps, as issued, revised, update, or otherwise changed, become effective. ``(2) Notice requirements.--A State or local government shall be considered to have complied with this paragraph with respect to any geographic area described in paragraph (1) only if the State or local government has in accordance with such standards as shall be established by the Director-- ``(A) developed an evacuation plan to be implemented in the event of flooding in such portion of the geographic area; and ``(B) developed and implemented an outreach and communication plan to advise occupants in such portion of the geographic area of potential flood risks, appropriate evacuation routes under the evacuation plan referred to in subparagraph (A), the opportunity to purchase flood insurance, and the consequences of failure to purchase flood insurance. ``(3) Rule of construction.--Nothing in paragraph (1) may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (1). ``(j) Availability of Preferred Risk Rating Method Premiums.--The preferred risk rate method premium shall be available for flood insurance coverage for properties located in areas referred to in subsection (i)(1) and during the time period referred to in subsection (i)(1).''. (b) Conforming Amendment.--The second sentence of subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended by striking ``Such'' and inserting ``Except for notice regarding a change described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''. (c) No Refunds.--Nothing in this section or the amendments made by this section may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by subsection (a). SEC. 3. 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES FOR NEWLY MAPPED AREAS. (a) In General.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``or notice'' after ``prescribe by regulation''; (2) in subsection (c), by inserting ``and subsection (g)'' before the first comma; and (3) by adding at the end the following new subsection: ``(g) 5-Year Phase-In of Flood Insurance Rates for Newly Mapped Areas.--Notwithstanding any other provision of law relating to chargeable risk premium rates for flood insurance coverage under this title, in the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps, becomes designated as such an area, during the 5-year period that begins upon the expiration of the period referred to in section 102(i)(1) of the Flood Disaster Protection Act of 1973 with respect to such area, the chargeable premium rate for flood insurance under this title with respect to any property that is located within such area shall be-- ``(1) for the first year of such 5-year period, 20 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(2) for the second year of such 5-year period, 40 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(3) for the third year of such 5-year period, 60 percent of the chargeable risk premium rate otherwise applicable under this title to the property; ``(4) for the fourth year of such 5-year period, 80 percent of the chargeable risk premium rate otherwise applicable under this title to the property; and ``(5) for the fifth year of such 5-year period, 100 percent of the chargeable risk premium rate otherwise applicable under this title to the property.''. (b) Regulation or Notice.--The Administrator of the Federal Emergency Management Agency shall issue an interim final rule or notice to implement this section and the amendments made by this section as soon as practicable after the date of the enactment of this Act. SEC. 4. COMMUNICATION AND OUTREACH. (a) In General.--The Administrator of the Federal Emergency Management Agency shall-- (1) work to enhance communication and outreach to States, local communities, and property owners about the effects of-- (A) any potential changes or updates to National Flood Insurance Program rate maps that may result under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101); and (B) that any such changes or updates may have on flood insurance purchase requirements; (2) engage with local communities to enhance communication and outreach to the residents of such communities on the matters described under subparagraph (A); and (3) on the website of the Federal Emergency Management Agency make publicly available information on-- (A) the various types of flood protection measures applicable to different classes and types of structures that are located in an area having special flood hazards; (B) the property and casualty insurance companies that participate in the National Flood Insurance Program and that write and service standard flood insurance policies; (C) the availability and cost of flood insurance-- (i) under the National Flood Insurance Program; and (ii) in the private marketplace; (D) data related to the structural status of each levee, dam, or other man-made structure designed to provide protection from floods; and (E) how homeowners and communities can mitigate their flood risk. (b) Required Activities.--The communication and outreach activities required under paragraph (1) shall include-- (1) notifying property owners when their properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such properties; (2) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement; (3) educating property owners regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such properties and the contents of such properties; (4) educating property owners about flood map revisions and the process available to such owners to appeal proposed changes in flood elevations through their community; and (5) encouraging property owners to maintain or acquire flood insurance coverage.

Flood Insurance Affordability and Risk Notification Act - Amends the Flood Disaster Protection Act of 1973 to delay, for a five-year period, the effective date for the mandatory purchase of flood insurance for certain new flood hazard areas not previously designated as having special flood hazards (with "100-year floodplains"). Limits such delay to geographic areas whose state or local governments have developed an evacuation plan and implemented an outreach and communication plan to advise occupants of flood risks and evacuation routes. Makes the preferred risk rate method premium available for flood insurance coverage for properties located in such areas during such five-year time period. Amends the National Flood Insurance Act of 1968 to set forth a five-year phase-in of flood insurance rates for newly mapped areas not previously designated as having special flood hazards. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) work to enhance communication and outreach to states, local communities, and property owners about the effects of any potential changes or updates to National Flood Insurance Program rate maps, including their effects on flood insurance purchase requirements; (2) engage with local communities to enhance communication and outreach to their residents; and (3) make certain information available to the public on the FEMA website, including information on the availability and cost of flood insurance.

A bill to delay the effective date of the mandatory purchase requirement for new flood hazard areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Financial Improvement and Bond Guarantee Act of 2015''. SEC. 2. PURPOSE AND SENSE OF CONGRESS. (a) Purpose.--The purpose of this Act is to empower the Secretary of the Treasury to facilitate access of the government of Puerto Rico to capital markets for-- (1) immediate short-term financing needs, (2) capital expenditures, and (3) debt refinancing, by guaranteeing the principal and interest payments on bonds issued by the government of Puerto Rico upon determination by the Secretary that certain conditions relating to financial accountability in Puerto Rico have been met. (b) Sense of Congress.--It is the sense of Congress that-- (1) Puerto Rico, as a territory, is treated inequitably and inconsistently by Federal law and policy, and that such treatment has contributed significantly to the current financial distress of the government of Puerto Rico; (2) consequently, there exists a Federal responsibility and need to help the government of Puerto Rico gain access to the capital markets on reasonable terms; (3) stronger financial controls, budgeting processes, and accountability measures should be implemented by the government of Puerto Rico in order to improve its financial standing and creditworthiness; and (4) it is in the national interest of the United States to reduce the risk of default by the government of Puerto Rico on its bond payments, to ensure essential public services can be provided in the territory, and to promote economic growth and responsible borrowing in the territory. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Cost.--With respect to a guarantee, the term ``cost'' has the meaning given such term under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (2) Guarantee.--The term ``guarantee''-- (A) has the meaning given the term ``loan guarantee'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and (B) includes a loan guarantee commitment (as defined in such section 502). (3) Instrumentality thereof.--With respect to Puerto Rico, the term ``instrumentality thereof'' means any political subdivision, instrumentality, or instrumentality of a political subdivision of Puerto Rico. (4) Obligation.--The term ``obligation'' means a bond that is guaranteed under this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. TITLE I--FINANCIAL IMPROVEMENT AND BOND GUARANTEES FOR PUERTO RICO SEC. 101. BOND GUARANTEES. (a) General Authority.--The Secretary of the Treasury is authorized to guarantee bonds issued by the government of Puerto Rico or any instrumentality thereof that are issued solely for the purpose of financing capital projects or refinancing existing debt. (b) Limitation.--The authority granted under subsection (a) does not extend to bonds issued to finance operational expenses, except with respect to tax revenue anticipation notes. SEC. 102. TERMS AND CONDITIONS. (a) In General.--A guarantee made under this Act may guarantee up to 100 percent of the principal and interest of the obligation. (b) Receipt of Request.--A guarantee may only be made under this Act if-- (1) the Secretary first receives a request for such guarantee, in writing, from the Governor of Puerto Rico, along with the terms, including the purpose and amount, of the bond to be issued for which the guarantee is requested; and (2) the Secretary determines, pursuant to section 103(b), that the government of Puerto Rico and, if applicable, any instrumentality thereof, has demonstrated meaningful improvement in the management of its finances. (c) Obligation Requirements.-- (1) Maturity.--An obligation shall require full repayment over a period not to exceed 30 years. (2) Interest rate.--An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines appropriate. (d) Agreement Document.-- (1) Minimum requirements.--A guarantee agreement shall be written and executed for any guarantee made under this Act in order that such guarantee may have legal effect, and, at a minimum, shall include appropriate language detailing the terms and conditions set forth in this Act for such guarantee. (2) Additional terms and conditions.--A guarantee agreement may include such detailed terms and conditions in addition to those set forth in this section and as the Secretary determines appropriate to protect the interests of the United States in case of default and to ensure repayment. (3) Authority of the secretary.--The Secretary is authorized to agree to any modification, amendment, or waiver or any such term or condition as the Secretary deems desirable to protect the interests of the United States. (e) Administrative Expenses.-- (1) In general.--The Secretary shall charge and collect fees for guarantees made under this Act in amounts the Secretary determines are sufficient to cover applicable administrative expenses. (2) Availability.--Fees collected under this subsection shall be available to the Secretary, without further appropriation, to pay for the administrative expenses of carrying out this Act. (f) Limitation.--A guarantee may be made under this Act only if the Secretary determines that there is a reasonable prospect of repayment of the principal and interest on the bond to be guaranteed. SEC. 103. FINANCIAL IMPROVEMENT GUIDELINES AND DETERMINATION. (a) Examination, Guidelines, and Recommendations.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall-- (A) examine the financial management practices of the government of Puerto Rico and instrumentalities thereof and identify specific areas in such practices that may need improvement; and (B) establish guidelines and recommendations for the government of Puerto Rico and instrumentalities thereof to use as a basis for making improvements in its financial management practices and in determining whether to make a guarantee requested under section 102(b). (2) Criteria.--The guidelines and recommendations required under paragraph (1) shall address, at a minimum, the following criteria, where applicable: (A) Fiscal stability and operational efficiency. (B) Reduction in deficits and debt. (C) Accuracy in estimating revenues and expenditures. (D) Collection of taxes due. (E) Management of Federal grant monies. (F) Quality of financial controls, statements, and reporting. (G) Use of information technology. (H) Regulations and licensing requirements affecting business establishment, expansion, and operation. (3) Revisions.--The Secretary may revise such guidelines and recommendations as the Secretary determines appropriate. (4) Transmission and public notice of guidelines and recommendations.--The Secretary shall, within 10 days of establishing or revising guidelines or recommendations under this subsection-- (A) transmit such guidelines and recommendations to the Governor of Puerto Rico and the Congress; (B) publish such guidelines and recommendations in the Federal Register; and (C) make such guidelines and recommendations available to the public on the website of the Department of the Treasury. (b) Financial Improvement Determination.-- (1) Determination.--The Secretary shall, for purposes of section 102(b)(2), determine whether the government of Puerto Rico and, if applicable, any instrumentality thereof, has demonstrated meaningful improvement in the management of its finances. (2) Basis for determination.--In making a determination under paragraph (1), the Secretary shall take into account the guidelines and recommendations established under subsection (a) and such other criteria as the Secretary determines appropriate. (3) Notification.--If, under paragraph (1), the Secretary determines that the government of Puerto Rico and, if applicable, any instrumentality thereof, has not demonstrated meaningful improvement in the management of its finances, the Secretary shall-- (A) notify the Governor of Puerto Rico and the Congress, in writing, of the Secretary's decision and the basis for such decision; (B) publish a notice of such determination in the Federal Register; (C) make such notice available to the public on the website of the Department of the Treasury; (D) make recommendations to the Governor of Puerto Rico on specific ways the government of Puerto Rico and, if applicable, any instrumentality thereof, can demonstrate meaningful improvement; and (E) if the Secretary determines it appropriate, make recommendations to-- (i) the Congress about specific legislation that can be enacted to improve the finances, financial stability, and financial management practices of the government of Puerto Rico and that would help the government of Puerto Rico or any instrumentality thereof demonstrate meaningful improvement and implement the recommendations in the areas identified by the Secretary under subsection (a)(1)(B); and (ii) the heads of Federal departments and agencies other than the Department of the Treasury about specific administrative actions that could be taken to improve the finances, financial stability, and financial management practices of the government of Puerto Rico and that would help the government of Puerto Rico or any instrumentality thereof demonstrate meaningful improvement and implement the recommendations in the areas identified by the Secretary under subsection (a)(1)(B). SEC. 104. PUBLIC NOTICE. Upon making any guarantee under this Act, the Secretary shall publish notice of such action, along with the results of the determination made under section 103(b), in the Federal Register and make such information available to the public on the website of the Department of the Treasury. SEC. 105. LOAN GUARANTEE FUNDING. There are appropriated to the Secretary such sums as may be necessary for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of bond guarantees made under this title. The Secretary may make such bond guarantees notwithstanding subsections (b) and (d) of section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). TITLE II--TECHNICAL ASSISTANCE FOR PUERTO RICO SEC. 201. TECHNICAL ASSISTANCE. The Secretary is authorized to provide advice and technical assistance to the government of Puerto Rico and instrumentalities thereof about ways and means to demonstrate meaningful improvement in managing its finances (as described under section 103). TITLE III--PURCHASE AND SALE OF PUERTO RICO BONDS SEC. 301. AMENDMENT TO THE FEDERAL RESERVE ACT. Section 14(b)(1) of the Federal Reserve Act (12 U.S.C. 355(1)) is amended by inserting after ``continental United States'' the following: ``or Puerto Rico''.

Puerto Rico Financial Improvement and Bond Guarantee Act of 2015 This bill expresses the sense of Congress with respect to the current financial distress of the government of Puerto Rico. The Department of the Treasury may guarantee up to 100% of 30-year bonds issued by the government of Puerto Rico or any of its instrumentalities that are issued solely to finance capital projects or refinance existing debt, but not bonds to finance operational expenses. A guarantee is only permitted if Treasury determines that there is a reasonable prospect of repayment of the principal and interest on the bond to be guaranteed. Treasury shall: examine the financial management practices of the government of Puerto Rico and its instrumentalities, and establish guidelines and recommendations for making improvements in those practices and whether to make a requested guarantee. Appropriations are made to fund the loan guarantees. Treasury may also provide advice and technical assistance to the government of Puerto Rico. The Federal Reserve Act is amended to empower Federal Reserve banks to buy and sell bonds and notes issued by Puerto Rico in anticipation of the collection of taxes or receipt of assured revenues.

Puerto Rico Financial Improvement and Bond Guarantee Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Integration Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Over 90 percent of United States companies engaged in manufacturing are small and medium-sized businesses. (2) Most of these manufacturers produce goods for assemblage into products of large companies. (3) The emergence of the World Wide Web and the promulgation of international standards for product data exchange greatly accelerated the movement toward electronically integrated supply chains during the last half of the 1990's. (4) A major Wall Street firm recently estimated that the adoption of electronic commerce-based supply chains in various manufacturing industries can reduce business costs from 10 percent to 40 percent. (5) European and Asian countries are investing heavily in electronic enterprise standards development, and in preparing their smaller manufacturers to do business in the new environment. European efforts are well advanced in the aerospace, automotive, and shipbuilding industries and are beginning in other industries including home building, furniture manufacturing, textiles, and apparel. (6) If United States manufacturers are to remain competitive, they must match their overseas competition by making sure that standards, including application protocols, developed for electronic business in their industry worldwide reflect their needs and the needs of their customers and suppliers. (7) Many American small and medium-sized manufacturers run the risk of losing their largest customers during the first half of this decade unless they adopt computer aided design, engineering, and manufacturing systems in their work places and learn how to participate with customers and suppliers in integrated electronic enterprises. (8) Application protocols are very complex standards, often running thousands of pages, and require the cooperation of entire industries for their development. (9) The National Institute of Standards and Technology, because of the electronic commerce expertise in its laboratories and quality program, its long history of working cooperatively with manufacturers, and the nationwide reach of its manufacturing extension program, is in a unique position to help United States large and smaller manufacturers alike in their responses to this challenge. (10) It is, therefore, in the national interest for the National Institute of Standards and Technology to accelerate its efforts-- (A) in helping major manufacturing industries develop standards and enterprise integration processes that are necessary to increase efficiency and lower costs; and (B) in making sure that every small or medium-sized manufacturer has the option of upgrading its manufacturing capabilities to the point where it can be part of an electronic supply chain of a major manufacturing industry. SEC. 3. ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director shall establish an initiative for advancing enterprise integration within the United States. In carrying out this section, the Director shall involve, as appropriate, the various units of the National Institute of Standards and Technology, including the National Institute of Standards and Technology laboratories, the Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), and the Malcolm Baldrige National Quality Program. This initiative shall begin with product data management and build upon ongoing efforts of the National Institute of Standards and Technology and of the private sector, shall involve consortia that include government and industry, and shall be designed to permit enterprise integration in each United States major manufacturing industry at the earliest possible date. (b) Assessment.--The Director shall work to identify all enterprise integration standards and implementation activities for major manufacturing industries underway in the United States and abroad. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (c) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. (d) Authorized Activities.--In order to carry out this Act and the plans prepared under subsection (c), the Director may-- (1) work with companies and trade associations within a major manufacturing industry to raise awareness of enterprise integration activities in the United States and abroad, including convening meetings; (2) work with an industry on the development of enterprise integration roadmaps; (3) support the development, testing, promulgation, and adoption of standards, including application protocols; (4) support the development, promulgation, integration, and upgrading of standards related to enterprise integration; (5) support pilot projects that include small and medium- sized businesses for new standards and enterprise integration; (6) ensure the training and regular upgrading of skills of Manufacturing Extension Program employees; (7) develop tool kits and employee training materials and take other steps necessary to permit small and medium-sized businesses to participate in an integrated enterprise; and (8) set up mechanisms to permit the various Manufacturing Extension Program centers to access expertise and materials from each other. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``automotive'' means land-based engine-powered vehicles including automobiles, trucks, busses, trains, defense vehicles, farm equipment, and motorcycles; (2) the term ``Director'' means the Director of the National Institute of Standards and Technology; (3) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; (4) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates; and (5) the term ``National Institute of Standards and Technology laboratories'' means those institutes of the National Institute of Standards and Technology with expertise in electronic commerce, including the Manufacturing Engineering Laboratory, the Building and Fire Research Laboratory, and the Information Technology Laboratory. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out functions under this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and such sums as may be necessary for subsequent fiscal years.

Requires the Director to identify all enterprise integration standards and implementation activities for major manufacturing industries underway in the United States and abroad. Requires: (1) the Director to work with industry representatives and organizations currently engaged in enterprise integration activities; and (2) such representatives and organizations to assess the current state of enterprise integration within the industry, identify the remaining steps, and work toward agreement on the roles of NIST and the private sector. Requires the Director to report to Congress on these matters and on anticipated related NIST activities. Requires the Director to submit to Congress a plan for enterprise integration for each major manufacturing industry, including milestones for NIST's portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Requires, for a given industry, updates of the plans and a progress report for the past year to be submitted annually until enterprise integration has been achieved. Authorizes appropriations.

Enterprise Integration Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Y2K State and Local GAP (Government Assistance Programs) Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Welfare programs.--The welfare programs are as follows: (A) TANF.--The State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (B) Medicaid.--The program of medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (C) Food stamps.--The food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)). (D) WIC.--The program of assistance under the special supplemental nutrition program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (E) Child support enforcement.--The child support and paternity establishment program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). (F) Child welfare.--A child welfare program or a program designed to promote safe and stable families established under subpart 1 or 2 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). (G) Child care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) (including funding provided under section 418 of the Social Security Act (42 U.S.C. 618)). (2) Y2K.--The term ``Y2K compliant'' means, with respect to information technology, that the information technology accurately processes (including calculating, comparing, and sequencing) date and time data from, into, and between the 20th and 21st centuries and the years 1999 and 2000, and leap year calculations, to the extent that other information technology properly exchanges date and time data with it. SEC. 3. GRANTS TO STATES TO MAKE STATE AND LOCAL GOVERNMENT PROGRAMS Y2K COMPLIANT. (a) Authority To Award Grants.-- (1) In general.--Subject to paragraph (2), the Secretary of Commerce shall award grants in accordance with this section to States for purposes of making grants to assist the States and local governments in making programs administered by the States and local governments Y2K compliant. The Secretary of Commerce shall give priority to grant requests that relate to making Federal welfare programs Y2K compliant. (2) Limitations.-- (A) Number of grants.--No more than 75 grants may be awarded under this section. (B) Per state limitation.--Not more than 2 grants authorized under this section may be awarded per State. (C) Application deadline.--45 days after enactment. (b) Application.-- (1) In general.--A State, through the State Governor's Office, may submit an application for a grant authorized under this section at such time within the constraints of paragraph Sec. 3(a)(2)(C) and in such manner as the Secretary of Commerce may determine. (2) Information required.--An application for a grant authorized under this section shall contain the following: (A) A description of a proposed plan for the development and implementation of a Y2K compliance program for the State's programs or for a local government program, including a proposed budget for the plan and a request for a specific funding amount. (B) A description or identification of a proposed funding source for completion of the plan (if applicable) and maintenance of the system after the conclusion of the period for which the grant is to be awarded. (c) Conditions for Approval of Applications.-- (1) Matching requirement.-- (A) In general.--A State awarded a grant under this section shall expend $1 for every $2 awarded under the grant to carry out the development and implementation of a Y2K compliance program for the State's programs under the proposed plan. (B) Waiver for hardship.--The Secretary of Commerce may waive or modify the matching requirement described in subparagraph (A) in the case of any State that the Secretary of Commerce determines would suffer undue hardship as a result of being subject to the requirement. (C) Non-federal expenditures.-- (i) Cash or in kind.--State expenditures required under subparagraph (A) may be in cash or in kind, fairly evaluated, including equipment, or services. (ii) No credit for pre-award expenditures.--Only State expenditures made after a grant has been awarded under this section may be counted for purposes of determining whether the State has satisfied the matching expenditure requirement under subparagraph (A). (2) Considerations.--In evaluating an application for a grant under this section the Secretary of Commerce shall consider the extent to which the proposed system is feasible and likely to achieve the purposes described in subsection (a)(1). (d) Length of Awards.--No grant may be awarded under this section for a period of more than 2 years. (e) Availability of Funds.--Funds provided to a State under a grant awarded under this section shall remain available until expended without fiscal year limitation. (f) Reports.-- (1) Annual report from grantees.--Each State that is awarded a grant under this section shall submit an annual report to the Secretary of Commerce that contains a description of the ongoing results of the independent evaluation of the plan for, and implementation of, the compliance program funded under the grant. (2) Final report.--Not later than 90 days after the termination of all grants awarded under this section, the Secretary of Commerce shall submit to Congress a final report evaluating the programs funded under such grants. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $40,000,000 for fiscal years 1999 to 2001 funded from the Y2K Emergency Supplemental Funds appropriated in the FY99 Omnibus Act, PL 105-277.

Y2K State and Local GAP (Government Assistance Programs) Act of 1999 - Directs the Secretary of Commerce to: (1) award grants to States to assist the States and local governments in making their programs Y2K compliant; and (2) give priority to grant requests that relate to making Federal welfare programs Y2K compliant. Requires a State's application for such a grant to contain: (1) a description of a proposed plan for the development and implementation of a Y2K compliance program; and (2) a description or identification of a proposed funding source for the completion of the plan and maintenance of the system. Requires a State awarded a grant to expend one dollar for every two dollars awarded under the grant for the development and implementation of the compliance program. Permits the Secretary to waive or modify such matching requirement for any State that the Secretary determines would suffer undue hardship. Prohibits the award of a grant for a period of more than two years. Requires: (1) each State awarded a grant to submit an annual report that contains a description of the ongoing results of the evaluation of the plan for the compliance program funded under the grant; and (2) the Secretary to submit to the Congress a final report evaluating the programs funded under such grants. Authorizes appropriations.

Y2K State and Local GAP (Government Assistance Programs) Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Homeland Security Act of 2001''. SEC. 2. OFFICE OF HOMELAND SECURITY. There is established within the Executive Office of the President an office to be known as the ``Office of Homeland Security'' (in this Act referred to as the ``Office''). SEC. 3. DIRECTOR OF HOMELAND SECURITY. (a) Director.--The head of the Office shall be the Director of the Office of Homeland Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall ensure that the Director functions as a cabinet-level official. (b) Executive Schedule I Pay Rate for Director.--Section 5312 of title 5, United States Code, is amended by inserting after the item relating to the Director of National Drug Control Policy the following new item: ``Director of the Office of Homeland Security.''. SEC. 4. RESPONSIBILITIES. Subject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) Directing, in consultation with appropriate Federal and State agencies and Congress, the creation of a national strategy for homeland security, as provided in section 5, to include all aspects of prevention and response to terrorist activities. (2) Developing, reviewing, and approving, in collaboration with the Director of the Office of Management and Budget, a national budget for homeland security. (3) Reviewing programs, plans and activities of the relevant Federal agencies to insure effective implementation of the national homeland security strategy. (4) Coordinating the planning and implementation of all Federal homeland security activities with relevant Federal agencies for the purposes of removing unnecessary duplication and gaps in counterterrorism activities. (5) Certifying as part of the budget submission of the President to Congress the relevance and accuracy of counterterrorism budgets from Federal agencies and rejecting budget requests not consistent with the national homeland security strategy. (6) Directing and reviewing the development of a comprehensive national assessment on the threat to homeland security, which shall be conducted by the heads of relevant Federal agencies. (7) Overseeing the appropriate sharing of information among Federal, State, and local agencies involved in intelligence collection and law enforcement for the purpose of protecting homeland security. (9) Establishing a center within the Office to analyze and publicize as appropriate lessons learned from homeland security exercises conducted by Federal, State, and local government agencies and other organizations involved in terrorism response. (10) Consulting regularly with Congress on all issues relating to homeland security. (11) Attending meetings of the President's cabinet and the National Security Council relating to counterterrorism and homeland security. (12) Serving as the President's principal spokesperson on issues relevant to homeland security. SEC. 5. NATIONAL HOMELAND SECURITY STRATEGY. The national homeland security strategy created under section 4 shall include the following: (1) A comprehensive research, development, and procurement plan for supporting homeland security. (2) Mechanisms to insure the flexibility and mobility in Federal personnel policies and practices to achieve maximum effective use of personnel among all concerned agencies. (3) Policies and procedures to maximize the collection, analysis, translation, exploitation, and dissemination of, throughout the Federal Government and with State and local authorities, information relevant to homeland security concerns. (4) Plans for improving the resources of, coordination among, and effectiveness of health and medical sectors for detecting and responding to terrorist attacks on the homeland. (5) Specific measures to enhance cooperative efforts between the public and private sectors in protecting homeland security. SEC. 6. OFFICERS AND STAFF OF OFFICE. (a) Officers.--The President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff.--The Director may appoint such employees, and may detail employees from other agencies, as necessary to carry out the functions of the Office. Such employees shall include individuals with relevant State and local expertise. SEC. 7. HOMELAND SECURITY ADVISORY COUNCIL. (a) Establishment.--There is established a Homeland Security Advisory Council. The Council shall-- (1) advise the President and the Director of the Office of Homeland Security on the creation and implementation of the national strategy for homeland security; and (2) advise the Director on the operation of the Office of Homeland Security. (b) Chair.--The Director of the Office of Homeland Security shall be the Chair of the Council. (c) Members.--The members of the Council shall be the following: (1) The Secretary of State. (2) The Secretary of the Treasury. (3) The Secretary of Defense. (4) The Attorney General. (5) The Secretary of Agriculture. (6) The Secretary of Health and Human Services. (7) The Secretary of Transportation. (8) The Secretary of Veterans Affairs. (9) The Director of the Office of Management and Budget. (10) The Director of the Central Intelligence Agency. (11) The Director of the Federal Bureau of Investigation. (12) The Director of the Federal Emergency Management Agency. (13) The Director of the Centers for Disease Control and Prevention. (14) The Assistant to the President for National Security Affairs. (15) Such other Federal and other officials as may be designated by the President or the Director of the Office. SEC. 8. REVIEW OF LEGAL AUTHORITIES. (a) Review.--The Director of the Office of Homeland Security shall conduct a review of the legal authorities needed but not currently provided to prevent and respond effectively to terrorist threats, including legal authorities regarding the role of the Department of Defense in homeland security and the imposition of regulations on civilian populations and private entities during a state of emergency. (b) Report to Congress.--The Director shall submit to Congress a report of the results of the review under subsection (a). The report shall be submitted not later than 90 days after the date of the enactment of this Act and shall include recommendations for addressing shortcomings in current legal authority. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary to carry out this Act.

Office of Homeland Security Act of 2001 - Establishes the Office of Homeland Security within the Executive Office of the President. Requires the Director of the Office to: (1) create a national strategy for homeland security, to include all aspects of prevention and response to terrorist activities; (2) develop a national budget for homeland security; (3) review Federal activities to insure effective implementation of such strategy; (4) coordinate Federal homeland security activities to remove duplication and gaps; (5) certify Federal agency counterterrorism budgets; (6) direct development of a comprehensive national assessment of the threat to homeland security; (7) oversee interagency information sharing; and (8) establish a center within the Office to disseminate information learned from homeland security exercises.Establishes a Homeland Security Advisory Council to advise the President and Director on the creation and implementation of the national strategy, and the Director on the operation of the Office.Requires the Director to review additional legal authorities needed to prevent and respond effectively to terrorist threats, including the role of the Department of Defense and the imposition of regulations on civilian populations and private entities during a state of emergency.

To establish an Office of Homeland Security within the Executive Office of the President to lead, oversee, and coordinate a comprehensive national homeland security strategy to safeguard the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act'' or the ``SECURE Firearm Storage Act''. SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS IMPORTERS, MANUFACTURERS, AND DEALERS. (a) In General.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m) Except as provided in subsection (j): ``(1) A person who is a licensed importer, licensed manufacturer, or licensed dealer shall keep and store all firearms in the business inventory of the licensee at the premises covered by the license. When the premises are not open for business, the licensee shall, with respect to each such firearm-- ``(A) secure the firearm with a hardened steel rod \1/4\ inch thick through the space between the trigger guard, and the frame or receiver, of the firearm, with the steel rod secured by a hardened steel lock that has a shackle, and the lock and shackle protected or shielded from the use of a bolt cutter, and the rod anchored to prevent the removal of the firearm from the premises; or ``(B) store the firearm at the premises in a locked fireproof safe, locked gun cabinet (and if the locked gun cabinet is not steel, the firearms within the cabinet must be secured with a hardened steel rod \1/4\ inch thick, protected or shielded from the use of a bolt cutter and anchored to prevent the removal of the firearms from the premises) or locked vault. ``(2) When the premises are not open for business, the licensee shall store all paper records of the business inventory and firearm transactions of, and other dispositions of firearms by, the licensee at the premises in a secure location such as a locked fireproof safe or locked vault. ``(3) The Attorney General shall, by regulation, prescribe such additional security requirements as the Attorney General deems appropriate with respect to the firearms business conducted by a licensed importer, licensed manufacturer, or licensed dealer, such as requirements relating to the use of the following: ``(A) Alarm and security camera systems. ``(B) Site hardening. ``(C) Other measures necessary to reduce the risk of theft at the business premises of a licensee.''. (b) Penalties.--Section 924 of such title is amended by adding at the end the following: ``(q) Penalties for Noncompliance With Firearms Licensee Security Requirements.-- ``(1) In general.-- ``(A) Penalty.--With respect to a violation by a licensee of section 923(m) or a regulation issued under such section, the Attorney General, after notice and opportunity for hearing-- ``(i) in the case of the 1st such violation or related series of such violations on the same date, shall subject the licensee to a civil penalty in an amount equal to not less than $1,000 and not more than $10,000; ``(ii) in the case of the 2nd such violation, shall subject the licensee to a license suspension until the licensee cures the violation and may subject the licensee to a civil penalty in an amount provided in clause (i); or ``(iii) in the case of the 3rd such violation or related series of violations on the same date, shall revoke the license issued to the licensee under this chapter and may subject the licensee to a civil penalty in an amount provided in clause (i). ``(B) Review.--An action of the Attorney General under this paragraph may be reviewed only as provided under section 923(f). ``(2) Administrative remedies.--The imposition of a civil penalty or revocation of a license under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Attorney General.''. (c) Application Requirement.--Section 923 of such title is amended-- (1) in the 2nd sentence of subsection (a), by striking ``be in such form and contain only that'' and inserting ``describe how the applicant plans to comply with subsection (m) and shall be in such form and contain only such other''; and (2) in subsection (d)(1)-- (A) by striking ``and'' at the end of subparagraph (F)(iii); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following: ``(H) the Attorney General determines that the description in the application of how the applicant plans to comply with subsection (m) would, if implemented, so comply.''. (d) Effective Dates; Regulations.-- (1) Initial firearm storage requirements.--Section 923(m)(1) of title 18, United States Code, as added by the amendment made by subsection (a) of this section, shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Initial paper records storage requirements.--Section 923(m)(2) of title 18, United States Code, as added by the amendment made by subsection (a) of this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. (3) Additional security requirements.--Within 2 years after the date of the enactment of this section, the Attorney General shall issue the regulations required by section 923(m)(3) of title 18, United States Code, as added by the amendment made by subsection (a) of this section, and the regulations shall take effect 1 year after the date issued.

Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act or the SECURE Firearm Storage Act This bill amends the federal criminal code to require that all licensed importers, licensed manufacturers, or licensed dealers of firearms shall keep and store all firearms in the business inventory of the licensee at the premises covered by the license. When the premises are not open for business, the licensee shall secure all firearms by complying with prescribed security measures, including trigger guards and safes. Further, when such premises are not open for business, the licensee shall store certain paper records in a secure location. The Department of Justice shall promulgate regulations prescribing additional security requirements as deemed necessary. The bill includes a set of civil penalties, including fines and potential license suspension or revocation, for noncompliance with the foregoing security requirements. An application for a firearms license must describe how the applicant plans to comply with these security requirements.

Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act

SECTION 1. TAX CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING QUALIFIED INFECTIOUS DISEASE PRODUCTS. (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. 45O. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) General Rule.--For purposes of section 38, the infectious disease research credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified infectious disease research expenses for the taxable year. ``(b) Qualified Infectious Disease Research Expenses.--For purposes of this section-- ``(1) Qualified infectious disease research expenses.-- Except as otherwise provided in this subsection, the term `qualified infectious disease research expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year with respect to any research and development of any qualified infectious disease product which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in paragraph (2). ``(2) Modifications; increased incentive for contract research payments.--For purposes of paragraph (1), subsection (b) of section 41 shall be applied-- ``(A) by substituting `qualified infectious disease research' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(B) by substituting `100 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(3) Exclusion for amounts funded by grants, etc.--The term `qualified infectious disease research expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(4) Qualified infectious disease research.--The term `qualified infectious disease research' means qualified research (as defined in section 41(d)) which relates to the development of a qualified infectious disease product, except that qualified infectious disease research shall include expenses related to re-formulating existing qualified infectious disease products. ``(5) Qualified infectious disease product.-- ``(A) In general.--The term `qualified infectious disease product' means any antibiotic drug, antiviral, diagnostic test, biological product, or vaccine that is developed for the purpose of treating, detecting, preventing, or identifying a qualifying pathogen. ``(B) Qualifying antibiotic drug and antiviral formulations.--To qualify as a qualified infectious disease product under subparagraph (A), any antibiotic drug or antiviral shall be in a formulation for which the Secretary of Health and Human Services, after consulting with infectious diseases clinicians and appropriate professional associations, has determined there is a significant medical need. ``(6) Other definitions.-- ``(A) Antibiotic drug.--The term `antibiotic drug' has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(B) Antiviral.--The term `antiviral' means a drug or biological product intended for human use that impedes the reproduction of a virus. ``(C) Biological product.--The term `biological product' has the meaning given to that term in section 351 of the Public Health Service Act (42 U.S.C. 262). ``(D) Device.--The term `device' has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(E) Diagnostic test.--The term `diagnostic test' means a device or product used to detect the presence, concentration, or characteristics of an infectious human disease. ``(F) Drug.--The term `drug' has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(G) Qualifying pathogen.--The term `qualifying pathogen' means-- ``(i) methicillin-resistant staphylococcus aureus, ``(ii) life-threatening gram negative bacteria, such as Escherichia coli (E. coli), Acinetobacter, Klebsiella species, and Pseudomonas aeruginosa, ``(iii) extensively drug resistant tuberculosis (XDR-TB), or ``(iv) any other infectious pathogen identified for purposes of this section by the Secretary of Health and Human Services, in concurrence with infectious disease clinicians and appropriate professional associations, as a significant threat to public health because of drug resistance or other factors (or likely to become such a threat). ``(H) Vaccine.--The term `vaccine' means a vaccine intended for human use. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified infectious disease research expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified infectious disease research expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Special Rules.-- ``(1) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(2) Coordination with credit for clinical testing expenses for certain drugs for rare diseases.--Any qualified infectious disease research expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 45C for such taxable year. ``(3) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(e) Termination.--This section shall not apply to taxable years beginning after December 31, 2012.''. (b) Inclusion in General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the infectious disease research credit determined under section 45O.''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(f) Credit for Qualified Infectious Disease Research Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified infectious disease research expenses (as defined in section 45O(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45O(a). ``(2) Certain rules to apply.--Rules similar to the rules of paragraphs (2), (3), and (4) of subsection (c) shall apply for purposes of this subsection.''. (d) Deduction for Unused Portion of Credit.--Section 196(c) of the Internal Revenue Code of 1986 (defining qualified business credits) 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 infectious disease research credit determined under section 45O(a) (other than such credit determined under the rules of section 280C(e)(2)).''. (e) Technical 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. 45O. Credit for medical research related to developing qualified infectious disease products.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Amends the Internal Revenue Code to allow a general business tax credit for 50% of expenses paid for research and development of any qualified infectious disease product. Defines "qualified infectious disease product" as any antibiotic drug, antiviral, diagnostic test, biological product, or vaccine developed to treat, detect, prevent, or identify certain pathogens. Terminates such credit after 2012.

To amend the Internal Revenue Code of 1986 to provide a tax credit for medical research related to developing qualified infectious disease products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End-User Protection Act of 2014''. SEC. 2. DEFINITIONS. (a) In General.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (1) by redesignating paragraphs (8) through (51) as paragraphs (9) through (52), respectively; (2) by inserting after paragraph (7) the following: ``(8) Commercial market participant.--The term `commercial market participant' means any producer, processor, merchant, or commercial user of an exempt or agricultural commodity, or the products or by-products of an exempt or agricultural commodity.''; (3) in subparagraph (B) of paragraph (48) (as so redesignated), by striking clause (ii) and inserting the following: ``(ii) any purchase or sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled, including any stand-alone or embedded option for which exercise would result in a physical delivery obligation;''; and (4) in paragraph (50) (as redesignated by paragraph (1)), by striking subparagraph (D) and inserting the following: ``(D) De minimis exception.-- ``(i) In general.--The Commission shall exempt from designation as a swap dealer an entity that engages in a de minimis quantity of swap dealing (which shall not be less than $8,000,000,000) in connection with transactions with or on behalf of its customers. ``(ii) Regulations.--The Commission shall promulgate regulations to establish the factors to be used in a determination under clause (i) to exempt, including any monetary or other levels established by the Commission, and those levels shall only be amended or changed through an affirmative action of the Commission undertaken by rule or regulation.''. (b) Financial Entity.--Section 2(h)(7)(C) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)) is amended-- (1) in clause (iii)-- (A) by striking ``an entity whose'' and inserting the following: ``an entity-- ``(I) whose''; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(II) that is-- ``(aa) a commercial market participant; ``(bb) included in clause (i)(VIII); and ``(cc) not supervised by a prudential regulator; or ``(III) that is included in clause (i)(VIII) because-- ``(aa) the entity regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate, whether directly or indirectly, the commercial risk of 1 or more entities within the same commercial enterprise as the entity; or ``(bb) of the making of loans to 1 or more entities within the same commercial enterprise as the entity.''; and (2) by adding at the end the following: ``(iv) Same commercial enterprise.--For purposes of clause (iii)(III), an entity shall be considered to be within the same commercial enterprise as another entity if-- ``(I) 1 of the entities owns, directly or indirectly, at least a majority ownership interest in the other entity and reports its financial statements on a consolidated basis and the consolidated financial statements include the financial results of both entities; or ``(II) a third party owns at least a majority ownership interest in both entities and reports its financial statements on a consolidated basis and the financial statements of the third party include the financial results of both entities. ``(v) Predominantly engaged.-- ``(I) In general.--Not later than 90 days after the date of enactment of this clause, the Commission shall promulgate regulations defining the term `predominantly engaged' for purposes of clause (i)(VIII). ``(II) Minimum revenues.--The regulations shall provide that an entity shall not be considered to be predominantly engaged in activities that are in the business of banking or financial in nature if the consolidated revenues of the entity derived from the activities constitute less than a percentage (as specified by the Commission in the regulations) of the total consolidated revenues of the entity. ``(III) Revenues from banking or financial activities.--In determining the percentage of the revenues of an entity that are derived from activities that are in the business of banking or financial in nature, the regulations shall exclude all revenues that are or result from foreign exchange or derivatives transactions used to hedge or mitigate commercial risk (as defined by the Commission in the regulations).''. SEC. 3. REPORTING OF ILLIQUID SWAPS SO AS TO NOT DISADVANTAGE CERTAIN NON-FINANCIAL END USERS. Section 2(a)(13) of the Commodity Exchange Act (7 U.S.C. 2(a)(13)) is amended-- (1) in subparagraph (C), by striking ``The Commission'' and inserting ``Except as provided in subparagraph (D), the Commission''; (2) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and (3) by inserting after subparagraph (C) the following: ``(D) Requirements for swap transactions in illiquid markets.-- ``(i) Definition of illiquid markets.--In this subparagraph, the term `illiquid markets' means any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. ``(ii) Requirements.--Notwithstanding subparagraph (C), the Commission shall-- ``(I) provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A); and ``(II) ensure that the swap transaction information described in subclause (I) is available to the public not sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity.''. SEC. 4. TREATMENT OF AFFILIATES. Section 2(h)(7)(D)(i) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)(i)) is amended-- (1) by striking ``An affiliate'' and inserting ``A person that is a financial entity and is an affiliate''; (2) by striking ``(including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person)''; and (3) by striking ``and as an agent''. SEC. 5. APPLICABILITY TO BONA FIDE HEDGE TRANSACTIONS OR POSITIONS. Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is amended-- (1) in the second sentence of paragraph (1), by striking ``into the future for which'' and inserting ``in the future, to be determined by the Commission, for which either an appropriate swap is available or''; and (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``subsection (a)(2)'' and all that follows through ``position that--'' and inserting ``paragraphs (2) and (5) of subsection (a) for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is a transaction or position that--''; and (B) in subparagraph (A)(ii), by striking ``of risks'' and inserting ``or management of current or anticipated risks''; and (3) by adding at the end the following: ``(3) Commission definition.--The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction or position so long as the rule or regulation is consistent with the requirements of subparagraphs (A) and (B) of paragraph (2).''. SEC. 6. REPORTING AND RECORDKEEPING. Section 4g(f) of the Commodity Exchange Act (7 U.S.C. 6g(f)) is amended-- (1) by striking ``(f) Nothing contained in this section'' and inserting the following: ``(f) Authority of Commission To Make Separate Determinations Unimpaired.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section''; and (2) by adding at the end the following: ``(2) Exception.--If the Commission imposes any requirement under this section on any person that is not registered, or required to be registered, with the Commission in any capacity, that person shall satisfy the requirements of any rule, order, or regulation under this section by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. ``(3) Sufficiency.--A written record described in paragraph (2) shall be sufficient if the written record-- ``(A) memorializes the final agreement between the parties, including the material economic terms of the transaction; and ``(B) is identifiable and searchable by transaction.''. SEC. 7. MARGIN REQUIREMENTS. (a) Commodity Exchange Act Amendment.--Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end the following: ``(4) Applicability with respect to counterparties.--The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) or 2(h)(7)(D), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in that exemption.''. (b) Securities Exchange Act Amendment.--Section 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)) is amended by adding at the end the following: ``(4) Applicability with respect to counterparties.--The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4).''. (c) Implementation.--The amendments made by this section to the Commodity Exchange Act (7 U.S.C. 1 et seq.) shall be implemented-- (1) without regard to-- (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment is sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of the amendments. SEC. 8. ANALYSIS BY THE COMMODITY FUTURES TRADING COMMISSION OF THE COSTS AND BENEFITS OF REGULATIONS AND ORDERS. Section 15(a) of the Commodity Exchange Act (7 U.S.C. 19(a)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, acting through the Office of the Chief Economist, shall-- ``(A) state a justification for the regulation or order; ``(B) state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; ``(C) assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; ``(D) measure, and seek to improve, the actual results of regulatory requirements; and ``(E) propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify the costs of the intended regulation or order (recognizing that some benefits and costs are difficult to quantify). ``(2) Considerations.--In making a reasoned determination of costs and benefits under paragraph (1), the Commission shall consider-- ``(A) the protection of market participants and the public; ``(B) the efficiency, competitiveness, and financial integrity of futures and swaps markets; ``(C) the impact on market liquidity in the futures and swaps markets; ``(D) price discovery; ``(E) sound risk management practices; ``(F) the cost of available alternatives to direct regulation; ``(G) the degree and nature of the risks posed by various activities within the scope of the jurisdiction of the Commission; ``(H) whether, consistent with obtaining regulatory objectives, the regulation or order is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations and orders; ``(I) whether the regulation or order is inconsistent, incompatible, or duplicative of other Federal regulations and orders; and ``(J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic, environmental, and other benefits, distributive impacts, and equity).''.

End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines "illiquid" as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to: state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs.

End-User Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1998''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by striking subsection (a) and inserting the following: ``(a) Compliance.-- ``(1) Definition of reasonable service charge.--In this subsection, the term `reasonable service charge' includes but is not limited to-- ``(A) a fee or charge assessed in connection with the processing, issuance, renewal, or amendment of a permit, review of a plan, study, or other document, or inspection or monitoring of a facility; and ``(B) any other nondiscriminatory charge that is assessed in connection with a Federal, State, interstate, or local regulatory program concerning the control and abatement of water pollution. ``(2) Requirement.--Each department, agency, and instrumentality of the executive, legislative, or judicial branch of the Federal Government that has jurisdiction over any property or facility, or is engaged in any activity that results, or that may result, in the discharge or runoff of a pollutant shall be subject to, and shall comply with, all Federal, State, interstate, and local substantive and procedural requirements (including any requirement for a permit or reporting, any provision for injunctive relief and such sanctions as are imposed by a Federal or State court to enforce the relief, and any requirement for the payment of a reasonable service charge) concerning the control and abatement of water pollution in the same manner, and to the same extent, as any other person is subject to the requirements. ``(3) Limited waiver of sovereign immunity.--The United States waives any immunity otherwise applicable to the United States with respect to any substantive or procedural requirement described in paragraph (2), including but not limited to immunity from process in an administrative or court action seeking-- ``(A) injunctive relief; ``(B) imposition of a sanction referred to in this subsection; ``(C) enforcement of an administrative order; ``(D) imposition of an administrative penalty or fine; or ``(E) payment of a reasonable service charge. ``(4) Administrative orders and penalties.--The substantive and procedural requirements described in paragraph (2) include but are not limited to all administrative orders and all civil and administrative penalties or fines, regardless of whether the penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. ``(5) Injunctive relief.--The United States (including any agent, employee, or officer of the United States) shall not be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any injunctive relief referred to in paragraph (2). ``(6) Civil penalties.--No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning the control and abatement of water pollution with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. ``(7) Criminal penalties.-- ``(A) Agents, employees, and officers.--An agent, employee, or officer of the United States shall be subject to a criminal sanction (including but not limited to a fine or imprisonment) under any Federal or State law concerning the control and abatement of water pollution. ``(B) Departments, agencies, and instrumentalities.--No department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to a sanction referred to in subparagraph (A). ``(b) Administrative Enforcement Actions.-- ``(1) In general.-- ``(A) Commencement.--The Administrator, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating may commence an administrative enforcement action against any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to the enforcement authorities authorized by this Act. ``(B) Manner and circumstances.--The Administrator or Secretary, as applicable, shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as the Administrator or Secretary would initiate such an action against another person. ``(C) Consent orders.--Any voluntary resolution or settlement of an action described in subparagraph (B) shall be set forth in a consent order. ``(2) Opportunity to confer.--An administrative order issued to a department, agency, or instrumentality under paragraph (1) shall not become final until the department, agency, or instrumentality has had the opportunity to confer with the Administrator or Secretary, as applicable. ``(c) Limitation on State Use of Funds Collected From the Federal Government.--Unless a State law in effect on the date of enactment of this subsection or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of a substantive or procedural requirement described in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.''. SEC. 3. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended-- (1) by striking ``or any'' and inserting ``an''; and (2) by inserting before the period at the end the following: ``or a department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(7)) is amended-- (1) by striking ``a''; and (2) by inserting before the semicolon at the end the following: ``and a department, agency, or instrumentality of the United States''.

Federal Facilities Clean Water Compliance Act of 1998 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act. Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of the Act.

Federal Facilities Clean Water Compliance Act of 1998

SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM. (a) Payments Relating to Federal Acquisition of Real Property.-- Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended-- (1) in subsection (a), by striking ``shall be eligible'' and inserting ``is entitled''; and (2) by striking subsections (h) and (i). (b) Payments for Eligible Federally Connected Children.-- (1) Computation of payment.--Section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)) is amended by striking ``is eligible'' and inserting ``is entitled''. (2) Basic support payments and payments with respect to fiscal years in which insufficient funds are appropriated.-- Section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is amended-- (A) in the heading, by striking ``and Payments With Respect to Fiscal Years in Which Insufficient Funds Are Appropriated''; (B) in paragraph (1)-- (i) in subparagraph (A), by striking ``From the amount appropriated under section 8014(b) for a fiscal year, the Secretary is authorized to'' and inserting ``The Secretary shall''; (ii) in subparagraph (B)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; and (II) by striking ``is eligible'' and inserting ``is entitled''; and (iii) in subparagraph (C)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; (II) by striking ``maximum amount'' and inserting ``amount''; and (III) by striking ``is eligible'' and inserting ``is entitled''; (C) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (i), by striking ``From the amount appropriated under section 8014(b) for a fiscal year, the Secretary is authorized to'' and inserting ``The Secretary shall''; and (II) in clause (ii), by striking ``eligible'' and inserting ``entitled''; (ii) in subparagraph (B)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; (II) in clause (i), by striking ``is eligible'' and inserting ``is entitled''; (III) in clause (ii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; (bb) by striking ``shall be ineligible'' and inserting ``shall not be entitled''; and (cc) by striking ``ineligibility'' and inserting ``nonentitlement''; and (IV) in clause (iii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; (bb) by striking ``becomes ineligible'' and inserting ``is not entitled''; and (cc) by striking ``eligibility'' each place it appears and inserting ``entitlement''; (iii) in subparagraph (C)-- (I) in the heading, by striking ``Eligibility'' and inserting ``Entitlement''; (II) in clause (i), by striking ``is eligible'' and inserting ``is entitled''; (III) in clause (ii)-- (aa) in the heading, by striking ``eligibility'' and inserting ``entitlement''; and (bb) by striking ``becomes ineligible'' and inserting ``is not entitled''; and (IV) in clause (iii), by striking ``becoming ineligible'' and inserting ``losing entitlement status''; (iv) in subparagraph (D)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; and (II) in clause (i)-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``is eligible'' and inserting ``is entitled''; and (v) in subparagraph (E)-- (I) in the heading, by striking ``Maximum amount'' and inserting ``Amount''; and (II) in clause (i)(I)-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``is eligible'' and inserting ``is entitled''; (D) by striking paragraph (3); and (E) in paragraph (4)-- (i) in subparagraph (A), by striking ``paragraph (3)''; and (ii) in subparagraph (B)-- (I) in the heading-- (aa) by striking ``maximum amount'' and inserting ``amount''; and (bb) by striking ``and threshold payment''; (II) by striking ``maximum'' each place it appears; and (III) by striking ``and the learning opportunity threshold payment under subparagraph (B) or (C) of paragraph (3), as the case may be,''. (c) Policies and Procedures Relating to Children Residing on Indian Lands.--Section 8004(e)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7704(e)(8)) is amended by striking ``is eligible'' and inserting ``is entitled''. (d) Application for Payments Under Sections 8002 and 8003.--Section 8005(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(b)(1)) is amended by striking ``eligibility'' and inserting ``entitlement''. (e) Construction.--Section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``section 8014(e)'' and inserting ``subsection (c)''; and (B) in paragraph (3), by striking ``section 8014(e)'' each place it appears and inserting ``subsection (c)''; (2) in subsection (b)(1), by striking ``section 8014(e)'' and inserting ``subsection (c)''; and (3) by adding at the end the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.''. (f) Facilities.--Section 8008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7708) is amended-- (1) in subsection (a), by striking ``section 8014(f)'' and inserting ``subsection (c)''; and (2) by adding at the end the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2004 through 2009.''. (g) Authorization of Appropriations.--Section 8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is amended to read as follows: ``SEC. 8014. APPROPRIATIONS AND RULE OF CONSTRUCTION. ``(a) Appropriation.--For the purpose of making payments to local educational agencies under sections 8002 and 8003 for each fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to make such payments in each such fiscal year. ``(b) Entitlement.--The provisions of this title relating to payments under sections 8002 and 8003 shall constitute budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to local educational agencies of amounts provided for under such sections. ``(c) Rule of Construction.--Nothing in this title shall be interpreted to entitle any individual to assistance under any program, project, or activity of a local educational agency, State agency, or other governmental entity funded under this title.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2003, or the date of enactment of this Act, whichever occurs later.

Amends the Elementary and Secondary Education Act of 1965 to entitle certain local educational agencies (LEAs) to receive specified Federal payment amounts under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. (Current law makes such LEAs eligible for such payments up to specified maximum amounts.)Extends the authorization of appropriations for: (1) construction and school modernization payments for certain LEAs, including ones with high percentages of children living on Indian lands or children of military parents; and (2) facilities maintenance payments for certain schools located on military bases and serving military dependent children.Makes appropriations for payments in each fiscal year to LEAs under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. Declares that provisions relating to payments for such programs constitute budget authority in advance of appropriations and represent the Federal obligation to pay such amounts to LEAs.

A bill to amend the impact aid program under the Elementary and Secondary Education Act of 1965 to improve the delivery of payments under the program to local educational agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mitochondrial Medicine Research and Treatment Enhancement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Mitochondrial disease results when there is a defect that reduces the ability of the mitochondria in a cell to produce energy. As the mitochondria fail to produce enough energy, the cell will cease to function properly and will eventually die. Organ systems will begin to fail, and the life of the individual is compromised or ended. (2) There are more than 40 specifically identified mitochondrial diseases, but the vast majority have not yet been identified. (3) Mitochondrial diseases are a relatively newly diagnosed group of diseases, first recognized in the late 1960s. Diagnosis is extremely difficult for a number of reasons. (4) Mitochondrial diseases can present themselves at any age, with associated mortality rates that vary depending upon the particular disease. The most severe diseases result in progressive loss of neurological and liver function, and death within several years. (5) According to the National Institute of Environmental Health Sciences, half of those affected by mitochondrial disease are children, who show symptoms before age five and approximately 80 percent of whom will not survive beyond the age of 20. (6) Mitochondrial dysfunction is also associated with numerous other related disorders, including many common neurological diseases (such as Parkinson's, Alzheimer's, ALS, and autism), and other diseases associated with aging, diabetes, cancer, and obesity. (7) Mitochondrial disease is most commonly the result of genetic mutation, either in the nuclear DNA or in the mitochondrial DNA. Some mitochondrial diseases also are attributable to environmental factors, including prescription medications, that interfere with mitochondrial function. (8) Researchers estimate that one in 4,000 children will develop a mitochondrial disease related to an inherited mutation by the age of 10 years, and that 1,000-2,000 children are born each year in the United States who will develop mitochondrial disease in their lifetimes. However, studies of umbilical cord blood samples show that one in 200 children are born with both normal and mutant mitochondrial DNA, and the number of children with these mutations who actually develop a disease is unknown. (9) There are no cures for any of the specifically identified mitochondrial diseases, nor is there a specific treatment for any of these diseases. (10) Improving our basic understanding of mitochondrial function and dysfunction has potential application to numerous areas of biomedical research. The National Institutes of Health has taken an increased interest in mitochondrial disease and dysfunction and has sponsored a number of activities in recent years aimed at advancing mitochondrial medicine, including incorporating research into functional variation in mitochondria in the Transformative Research Grants Initiative. (b) Purpose.--It is the purpose of this Act to promote an enhanced research effort aimed at improved understanding of mitochondrial disease and dysfunction and the development of treatments for mitochondrial disease. SEC. 3. ENHANCEMENT OF RESEARCH AND TREATMENT ACTIVITIES RELATED TO MITOCHONDRIAL MEDICINE. (a) Mitochondrial Medicine Research Enhancement.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (1) by redesignating section 404H as section 404I; and (2) inserting after section 404G the following new section: ``SEC. 404H. OFFICE OF MITOCHONDRIAL MEDICINE. ``(a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Mitochondrial Medicine (in this section referred to as the `Office'), which shall be headed by a Director (in this section referred to as the `Director'), appointed by the Director of NIH. ``(b) Mitochondrial Medicine Research Plan.-- ``(1) In general.--The Director shall develop, make publicly available, and implement a written plan to facilitate research into mitochondrial medicine. ``(2) Contents.--The plan required under paragraph (1) shall include the following objectives: ``(A) Improving coordination of research related to mitochondrial medicine among the national research institutes and between the National Institutes of Health and outside researchers. ``(B) Providing training to research scientists and health professionals engaged in research related to mitochondrial medicine. ``(C) Providing training to health care providers regarding the diagnosis of mitochondrial disease and dysfunction. ``(D) Establishing scientific review groups with expertise in mitochondrial medicine to oversee relevant research projects in the National Institutes of Health. ``(3) Consultation.--In developing the plan under paragraph (1), the Director shall consult with-- ``(A) the Director of the National Cancer Institute; ``(B) the Director of the National Institute of Child Health and Human Development; ``(C) the Director of the National Institute of Environmental Health Sciences; ``(D) the Director of the National Heart, Lung, and Blood Institute; ``(E) the Director of the National Institute of Neurological Disorders and Stroke; ``(F) the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; ``(G) the Director of the National Eye Institute; and ``(H) the heads of such other institutes and offices as the Director considers appropriate. ``(4) Updates.--The Director shall update the plan required under paragraph (1) on a biennial basis. ``(c) Research Grants.--In addition to any grants otherwise awarded by the National Institutes of Health for research in mitochondrial medicine, the Director shall annually award-- ``(1) at least five grants for integrated, multi-project research programs related to mitochondrial medicine; and ``(2) at least five grants for planning activities associated with integrated, multi-project research programs related to mitochondrial medicine. ``(d) Centers of Excellence.-- ``(1) In general.--The Director may award grants to institutions or consortiums of institutions to establish Mitochondrial Medicine Centers of Excellence to promote interdisciplinary research and training related to mitochondrial medicine. ``(2) Use of funds awarded.--A grant awarded under paragraph (1) shall be used to-- ``(A) conduct basic and clinical research related to mitochondrial medicine; ``(B) facilitate training programs for research scientists and health professionals seeking to engage in research related to mitochondrial medicine; ``(C) develop and disseminate programs and materials to provide continuing education to health care professionals regarding the recognition, diagnosis, and treatment of mitochondrial disease and dysfunction; and ``(D) provide living stipends for research scientists and health professionals enrolled in mitochondrial research training programs. ``(e) National Registry; Biorepository.-- ``(1) National registry.--The Director shall establish a national registry for the maintenance and sharing for research purposes of medical information collected from patients with mitochondrial disease or dysfunction. ``(2) Biorepository.--The Director shall establish a national biorepository for the maintenance and sharing for research purposes of tissues and DNA collected from patients with mitochondrial disease or dysfunction. ``(f) Definition.--In this section, the term `mitochondrial medicine' means medical treatment related to mitochondrial disease or dysfunction.''. (b) Development of Mitochondrial Medicine Research Plan.--The Director of the Office of Mitochondrial Medicine shall develop and make publicly available the mitochondrial medicine research plan required under section 404H(b)(1) of the Public Health Service Act, as added by subsection (a) of this section, not later than 180 days after the date of the enactment of this Act.

Mitochondrial Medicine Research and Treatment Enhancement Act - Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) an Office of Mitochondrial Medicine (OMM). Requires the OMM Director to develop, make publicly available, implement, and biennially update a written plan to facilitate research into mitochondrial medicine. Sets forth as plan objectives: (1) improving coordination of research related to mitochondrial medicine among the national research institutes and between NIH and outside researchers; (2) providing training to research scientists and health professionals engaged in research related to mitochondrial medicine; (3) providing training to health care providers regarding the diagnosis of mitochondrial disease and dysfunction; and (4) establishing scientific review groups with expertise in mitochondrial medicine to oversee relevant research projects in NIH. Requires the OMM Director to award at least five grants, annually, for each of the following: (1) integrated, multi-project research programs related to mitochondrial medicine; and (2) planning activities associated with such programs. Authorizes the Director to award grants to institutions or consortiums of institutions to establish Mitochondrial Medicine Centers of Excellence to promote interdisciplinary research and training related to mitochondrial medicine. Requires the Director to establish: (1) a national registry for the maintenance and sharing for research purposes of medical information collected from patients with mitochondrial disease or dysfunction; and (2) a national biorepository for the maintenance and sharing for research purposes of tissues and DNA collected from such patients.

To amend the Public Health Service Act to establish an Office of Mitochondrial Medicine at the National Institutes of Health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Safety and Accountability Act of 2010''. SEC. 2. FINDINGS. Congress finds that it is essential and in the public interest that-- (1) the health and welfare of consumers be protected by ensuring that meat and meat food products distributed to consumers are wholesome and not adulterated or contaminated; and (2) Federal meat inspection programs identify all sources, including the slaughterhouse source, of original adulteration and contamination of enteric foodborne pathogens in meat in any case in which-- (A) lab samples test positive for enteric pathogen adulteration or contamination; or (B) adulterated or contaminated meat is found in commerce, including foodborne outbreaks. SEC. 3. DEFINITIONS. Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following: ``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne pathogen' means live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, specifically E. coli 0157: H7 and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. ``(y) Establishment.--The term `establishment' means any person, firm, meat broker, renderer, or animal food manufacturer.''. SEC. 4. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. Section 8 of the Federal Meat Inspection Act (21 U.S.C. 608) is amended-- (1) by striking ``Sec. 8. The Secretary'' and inserting the following: ``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. ``(a) In General.--The Secretary''; (2) by inserting ``or contaminated'' after ``adulterated''; and (3) by adding at the end the following: ``(b) Sampling Protocols.-- ``(1) In general.--In carrying out this Act, the Secretary shall implement sampling protocols using methods and technologies to enable personnel of the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. ``(2) Requirements.-- ``(A) In general.--Sampling protocols shall include the collection of documentary and other relevant material to enable rapid tracing, including-- ``(i) establishment identification data; ``(ii) a description of the meat or meat food product; ``(iii) shipping marks; ``(iv) bar coding; and ``(v) disclosure of sole-source or multiple-source origin. ``(B) Timing.--The collection of documentary and other relevant material to enable rapid tracing under subparagraph (A) shall occur at the time that samples of the relevant meat or meat food product are collected. ``(C) Certification.--The onsite inspector and a responsible establishment representative shall certify that the documentary and other tracing material collected under subparagraph (A) is complete and accurate. ``(3) Tracing of adulterated and contaminated meat and meat food products.--If a meat or meat food product sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens, the Secretary shall immediately conduct a trace-- ``(A) to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments; and ``(B) to identify the original source of adulteration or contamination. ``(4) Subsequent sampling.--If a raw ground meat sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, the Secretary shall require subsequent sampling at the establishment, and any establishments supplying that establishment, each day for a minimum of 15 consecutive days after the date on which the adulterated or contaminated sample is collected.''.

Meat Safety and Accountability Act of 2010 - Amends the Federal Meat Inspection Act to require the Secretary to implement sampling protocols to enable Food Safety and Inspection Service personnel to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding adulteration and contamination sources, including preparation, packaging, and slaughtering establishments, to determine the original contamination source. Requires, if a meat or meat food product sample tests positive for enteric foodborne pathogen contamination, a trace to identify: (1) adulteration and contamination sites, including preparation, packaging, and slaughtering establishments; and (2) the original adulteration or contamination source. Requires, if a raw ground meat sample tests positive for enteric foodborne pathogen contamination at a preparation, packaging, or slaughtering establishment, subsequent daily sampling at the establishment and any supplying establishments for at least 15 consecutive days after the date on which the adulterated or contaminated sample is collected.

A bill to amend the Federal Meat Inspection Act to require tracing of meat and meat food products that are adulterated or contaminated by enteric foodborne pathogens to the source of the adulteration or contamination.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Lead Poisoning Through Nutrition Education Act of 2018''. SEC. 2. NUTRITION OUTREACH PROGRAM TO RESPOND TO EXPOSURE TO LEAD. (a) Implementation of Nutrition Education Program.--The Secretary of Agriculture shall carry out a nutrition education program to be called ``Well Fed Means Less Lead'' (in this section referred to as WFMLL) to support communitywide messaging and outreach on both the harmful impacts of lead exposure and the important role nutrition plays in a diet protective against lead exposure, especially for children. (b) Grants.--The Secretary shall make grants to eligible entities that submit applications containing such terms and conditions as the Secretary considers appropriate, to carry out WFMLL campaigns. (c) Priority.--For the purpose of making grants under subsection (b), the Secretary shall give priority to eligible entities that-- (1) are located in geographical areas in which there is a large number of children with elevated blood lead levels; and (2) agree to provide WFMLL-- (A) using culturally competent approaches, including print materials, to conduct outreach to targeted populations; (B) using campaigns that are developed based on, and responsive to, community needs; and (C) that reaches a breadth of supplemental- nutrition-assistance-program-eligible households and low-income individuals (including pregnant women, infants, toddlers, and parents of school-age children at highest risk of elevated blood lead levels) through multiple channels. (d) Limitation.--In any fiscal year, no eligible entity may receive more than 15 percent of the amount appropriated to carry out this section in such fiscal year. (e) Allowable Uses of Funds.--Grants made under subsection (b) shall be used-- (1) to carry out communitywide education campaigns using evidence-based materials that inform supplemental-nutrition- assistance-program-eligible households and the greater community about lead exposure, and may include multilingual print materials, street-level billboards, and advertising on radio or social media; (2) to support outreach and education activities to inform individuals of foods that can mitigate the impact of elevated blood lead levels in children; (3) to target WFMLL outreach through coordination with community organizations and Department of Agriculture nutrition programs serving pregnant women, infants, toddlers, and school- age children; (4) to implement strategies that are focused on increasing consumption of certain foods and nutrients and that include creating culturally competent materials, training community organizations working with youth, offering community training, and conducting door-to-door efforts during daylight hours; (5) to promote and encourage participation in Federal nutrition programs (including the supplemental nutrition assistance program, the child and adult care food program, the summer food service program, the national school lunch program, and the special supplemental nutrition program for women, infants, and children) as a means to improve nutrition and to minimize lead absorption by using culturally relevant, family- friendly, evidence-based educational materials reflective of existing materials; (6) to engage with local businesses, governmental entities, civic organizations, community groups, and residents to mobilize community partnerships around healthy eating and lead poisoning prevention; and (7) to develop systems that refer and link low-income individuals and supplemental-nutrition-assistance-program- eligible households to foods that provide nutrients essential to creating a diet protective against lead. (f) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means an agency of a unit of general purpose local government, a nonprofit entity serving children at highest risk of lead poisoning, an emergency feeding organization, a food bank or food pantry (as defined in section 201A of Emergency Food Assistance Act of 1983 (7 U.S.C. 7501)), a federally recognized Tribe or Tribal organization, an urban Indian organization, a local education agency, or a federally qualified health center. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2019 through 2023.

Combating Lead Poisoning Through Nutrition Education Act of 2018 This bill requires the Department of Agriculture to carry out a nutrition education program to support and award grants for community-wide messaging and outreach on: (1) the harmful impacts of lead exposure; and (2) the important role nutrition plays in a diet protective against lead exposure, especially for children.

Combating Lead Poisoning Through Nutrition Education Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Separation of Powers Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As a limit on governmental power, Constitutional framers vested Federal powers in three coequal branches of government, each with unique and limited powers and each with a coequal duty to uphold and sustain the Constitution of the United States. (2) A Supreme Court justice stated, ``The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.'' Myers v. United States, 272 U.S. 52, 293 (1926) (Brandeis, J., dissenting). (3) James Madison, quoting Montesquieu, stated in Federalist 47, ```There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.''' (4) Article I of the Constitution provides, ``All legislative powers herein granted shall be vested in a Congress of the United States.'' (5) A congressional committee print has noted that, ``[b]ecause the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President's proclamations are not legally binding and are at best hortatory unless based on such grants of authority.'' 85th Cong., 1st Sess., Executive Orders and Proclamations: A Study of a Use of Presidential Powers (Comm. Print 1957). (6) The Supreme Court has stated that, even if Presidents have, without congressional authority, taken actions only the Congress may take, ``Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution `in the Government of the United States, or any Department of Officer thereof.''' (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)). (7) Treaties or Executive Agreements which purport to assign powers not amongst those specifically granted to the Federal Government by the Constitution are non-binding and cannot constitute law. SEC. 3. SEPARATION OF POWERS RESTORING RESCISSIONS. (a) Repeal of War Powers Resolution.--The War Powers Resolution (50 U.S.C. 1541 et seq.) is repealed. (b) Termination of States of Emergency.-- (1) In general.--All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency (as defined in section 105 of title 5) as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated 90 days after such date. Such termination shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; (B) any action or proceeding based on any act committed prior to such date; or (C) any rights or duties that matured or penalties that were incurred prior to such date. (2) Definition.--For the purpose of this subsection, the term ``national emergency'' means a general declaration of emergency made by the President or any other officer or employee of the executive branch. (d) Termination of Authority To Declare Emergency.--To the extent that any Act of Congress in effect on the date of enactment of this Act grants to the President or any other officer or employee of the executive branch the power to declare a national emergency, such power is hereby divested to the Congress alone. SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS. (a) Statement of Authority.--The President shall include with each Presidential order a statement of the specific statutory or constitutional provision which in fact grants the President the authority claimed for such action. (b) Invalidity of Nonconforming Orders.--A Presidential order which does not include the statement required by subsection (a) is invalid, to the extent such Presidential order is issued under authority granted by a congressional enactment. SEC. 5. EFFECT OF PRESIDENTIAL ORDERS. (a) Limited Effect of Presidential Orders.--A Presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch. (b) Exceptions.--Subsection (a) does not apply to-- (1) a reprieve or pardon for an offense against the United States, except in cases of impeachment; (2) an order given to military personnel pursuant to duties specifically related to actions taken as Commander in Chief of the Armed Forces; or (3) a Presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- (A) issued pursuant to such authority; (B) commensurate with the limit imposed by the plain language of such authority; and (C) not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- (i) violates the ninth or tenth amendments to the Constitution; or (ii) makes a delegation of power to a foreign government or international body when no such delegating authority exists under the Constitution. SEC. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT SEPARATION OF POWERS INTEGRITY. The following persons may bring an action in an appropriate United States court to challenge the validity of any Presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution: (1) Congress and its members.--The House of Representatives, the Senate, any Senator, and any Representative to the House of Representatives, if the challenged Presidential order-- (A) infringes on any power of Congress; (B) exceeds any power granted by a congressional enactment; or (C) violates section 4 because it does not state the statutory authority which in fact grants the President the power claimed for the action taken in such Presidential order. (2) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged Presidential order infringes on the powers afforded to the States under the Constitution. (3) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by the challenged Presidential order. SEC. 7. DEFINITION OF PRESIDENTIAL ORDER. In this Act, the term ``Presidential order'' means-- (1) any Executive order, Presidential proclamation, or Presidential directive; and (2) any other Presidential or Executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the President or any other officer or employee of the executive branch.

States that, to the extend that any Act of Congress grants to the President or any other executive officer or employee the power to declare a national emergency, such power is divested to Congress alone. Directs the President to include with each presidential order a statement of the specific statutory or constitutional authority for such action. States, with exceptions, that a presidential order neither constitutes nor has the force of law and is limited in application and effect to the executive branch. Authorizes both Houses of Congress, a Senator or Representative, certain State and local officials, and certain aggrieved persons to bring an action to challenge the validity of any presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution.

Separation of Powers Restoration Act

SECTION 1. TASK FORCE ON BASE CLOSURE REFORM. (a) Establishment.--There is hereby established a commission to be known as the ``Task Force on Base Closure Reform'' (in this Act referred to as the ``Task Force''). (b) Purpose.--The purpose of the Task Force is to review the base closure process (including the recommendation and approval of installations for closure and the closure of installations) under the 1990 base closure law in order to recommend improvements, and potential alternatives, to the base closure process under that law. SEC. 2. MEMBERSHIP. (a) Membership.--(1) The Task Force shall be composed of 10 members, appointed from among individuals described in paragraph (2) as follows: (A) Three members shall be appointed by the Majority Leader of the Senate. (B) Two members shall be appointed by the Minority Leader of the Senate. (C) Three members shall be appointed by the Speaker of the House of Representatives. (D) Two members shall be appointed by the Minority Leader of the House of Representatives. (2) Members of the Task Force shall be appointed from among retired members of the Armed Forces, or other private United States citizens, who have one or more of the following qualifications: (A) Past membership on a commission established under the 1990 base closure law or under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (B) Past service on the staff of a commission referred to in subparagraph (A). (C) Experience with military force structure planning and strategic planning. (D) Financial management experience. (E) Past membership in the legislative branch or service on the staff of the legislative branch. (b) Appointment.--(1) All members of the Task Force shall be appointed not later than 45 days after the date of enactment of this Act. (2)(A) Members of the Task Force shall be appointed for the life of the Task Force. (B) A vacancy in the membership of the Task Force shall not affect the powers of the Task Force, but shall be filled in the same manner as the original appointment. (c) Chairman.--The members of the Task Force shall choose one of the members to serve as chairman of the Task Force. SEC. 3. DUTIES. (a) In General.--The Task Force shall-- (1) carry out a review of the base closure process under the 1990 base closure law in accordance with subsection (b); (2) carry out an assessment of the impact of the number of base closure rounds on the base closure process under that law in accordance with subsection (c); (3) carry out a comparative analysis of various means of disposing of excess or surplus property in accordance with subsection (d); and (4) make recommendations in accordance with subsection (e). (b) Review.--In carrying out a review of the base closure process under subsection (a)(1), the Task Force shall-- (1) review the activities, after action reports, and recommendations of each commission established under the 1990 base closure law in the 1991, 1993, and 1995 base closure rounds under that law; (2) review the activities and after action reports of the Department of Defense and the military departments with respect to each such base closure round under that law, which shall include an assessment of the compliance of the military departments with the provisions of that law in each such round; and (3) assess the effectiveness of the provisions of that law in providing guidance to each such commission, the Department of Defense, and the military departments with respect to subsequent closures of military installations. (c) Assessment.--In carrying out an assessment of the impact of the number of base closure rounds on the base closure process under subsection (a)(2), the Task Force shall-- (1) review the activities of the Department of Defense and the military departments in preparing for and carrying out the closure of installations approved for closure in each base closure round under the 1990 base closure law, including-- (A) the capacity of the Department of Defense and the military departments to process the data required to make recommendations with respect to the closure of installations in each such round; and (B) the effectiveness of the activities undertaken by the Department of Defense and the military departments to dispose of property and equipment at such installations upon approval of closure; and (2) assess the impact of the number of installations recommended for closure in each such round on-- (A) the accuracy of data provided by the Secretary of Defense to the commission established under that law in such round; (B) the capacity of such commission to process such data; and (C) the ability of such commission to consider fully the concerns of the communities likely to be effected by the closure of the installations recommended for closure. (d) Comparative Analysis.--In carrying out a comparative analysis under subsection (a)(3), the Task Force shall-- (1) compare the law and experience of the United States in disposing of surplus and excess property with the law and experience of similar nations in disposing of such property; and (2) compare the law (including any regulations, policies, and directives) of the United States relating to the closure of military installations with the law of similar nations relating to the closure of such installations. (e) Recommendations.--In making recommendations under subsection (a)(4), the Task Force shall-- (1) recommend such modifications to the 1990 base closure law as the Task Force considers appropriate in light of its activities under this section; (2) compare the merits of requiring one additional round of base closures under that law with the merits of requiring more than one additional round of base closures under that law; and (3) recommend any alternative methods of eliminating excess capacity in the military installations inside the United States that the Task Force considers appropriate in light of its activities under this section. SEC. 4. REPORT. (a) Report.--Not later than March 15, 1999, the Task Force shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on its activities under this Act. (b) Elements.--The report shall include the results of the activities of the Task Force under section 3, including the recommendations required by subsection (e) of that section. SEC. 5. TASK FORCE MATTERS. (a) Meetings.--(1) The Task Force shall hold its first meeting not later than 30 days after the date on which all members have been appointed. (2) The Task Force shall meet upon the call of the chairman. (3) A majority of the members of the Task Force shall constitute a quorum, but a lesser number may hold meetings. (b) Authority of Individuals To Act for Task Force.--Any member or agent of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take under this section. (c) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (d) Availability of Government Information.--The Task Force may secure directly from the Department of Defense and any other department or agency of the Federal Government such information as the Task Force considers necessary to carry out its duties. Upon the request of the chairman of the Task Force, the head of a department or agency shall furnish the requested information expeditiously to the Task Force. (e) Postal Services.--The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. TASK FORCE PERSONNEL MATTERS. (a) Pay and Expenses of Members.--(1) Each member of the Task Force who is not an employee of the Government shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Task Force. (2) Members and personnel of the Task Force may travel on aircraft, vehicles, or other conveyances of the Armed Forces when travel is necessary in the performance of a duty of the Task Force except when the cost of commercial transportation is less expensive. (3) The members of the Task Force may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. (4)(A) A member of the Task Force who is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, shall not by reason of membership on the Task Force be subject to the provisions of such section with respect to such Task Force. (B) A member of the Task Force who is a member or former member of a uniformed service shall not be subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the Task Force. (b) Staff and Administrative Support.--(1) The chairman of the Task Force may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to three additional staff members as necessary to enable the Task Force to perform its duties. The chairman of the Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51, and subchapter III of chapter 53, of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for grade GS-15 under the General Schedule. (2) Upon the request of the chairman of the Task Force, the head of any department or agency of the Federal Government may detail, without reimbursement, any personnel of the department or agency to the Task Force to assist in carrying out its duties. A detail of an employee shall be without interruption or loss of civil service status or privilege. SEC. 7. SUPPORT OF TASK FORCE. (a) Temporary Services.--The chairman of the Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (b) Department of Defense Support.--The Secretary of Defense shall furnish to the Task Force such administrative and support services as may be requested by the chairman of the Task Force. SEC. 8. TERMINATION. The Task Force shall terminate 30 days after the date on which it submits the report required by section 4. SEC. 9. FUNDING. Upon the request of the chairman of the Task Force, the Secretary of Defense shall make available to the Task Force, out of funds appropriated for the Department of Defense, such amounts as the Task Force may require to carry out its duties. SEC. 10. DEFINITION. In this Act, the term ``1990 base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

Establishes the Task Force on Base Closure Reform to review the military base closure process under the Defense Base Closure and Realignment Act of 1990 in order to recommend improvements and potential alternatives to such process. Requires the Task Force to report to the Senate Committee on Armed Services and the House Committee on National Security on its activities. Terminates the Task Force 30 days after such report. Provides Task Force funding from funds appropriated to the Department of Defense.

A bill to establish a task force to assess activities in previous base closure rounds and to recommend improvements and alternatives to additional base closure rounds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe American Roads Act of 2007''. SEC. 2. LIMITATION ON GRANTING AUTHORITY. The Secretary of Transportation may not grant authority to a motor carrier domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border, except under the pilot program authorized by this Act. SEC. 3. PILOT PROGRAM. (a) In General.--The Secretary of Transportation may carry out, in accordance with section 350 of Public Law 107-87, section 31315(c) of title 49, United States Code, all Federal motor carrier safety laws and regulations, and this Act, a pilot program that grants authority to not more than 100 motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States- Mexico border. (b) Limitation on Commercial Motor Vehicles Participating in Pilot Program.--The number of commercial motor vehicles owned or leased by motor carriers domiciled in Mexico which may be used to participate in the pilot program shall not exceed 1,000. (c) Pilot Program Prerequisites.--The Secretary may not initiate the pilot program under subsection (a) until-- (1) the Inspector General of the Department of Transportation submits to Congress and the Secretary a report-- (A) independently verifying that the Department is in compliance with each of the requirements of subsections (a) and (b) of section 350 of Public Law 107-87; and (B) including a determination of whether the Department has established sufficient mechanisms-- (i) to apply Federal motor carrier safety laws and regulations to motor carriers domiciled in Mexico; and (ii) to ensure compliance with such laws and regulations by motor carriers domiciled in Mexico who will be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border; (2) the Secretary of Transportation-- (A) takes such action as may be necessary to address any issues raised in the report of the Inspector General under paragraph (1); and (B) submits to Congress a detailed report describing such actions; (3) the Secretary determines that there is a program in effect for motor carriers domiciled in the United States to be granted authority to begin operations in Mexico beyond commercial zones on the United States-Mexico border; (4) the Secretary publishes in the Federal Register and provides sufficient opportunity for public comment on the following: (A) a detailed description of the pilot program and the amount of funds the Secretary will need to expend to carry out the pilot program; (B) the findings of each pre-authorization safety audit conducted, before the date of enactment of this Act, by inspectors of the Federal Motor Carrier Safety Administration of motor carriers domiciled in Mexico and seeking to participate in the pilot program; (C) a process by which the Secretary will be able to revoke Mexico-domiciled motor carrier operating authority under the pilot program; (D) specific measures to be required by the Secretary to protect the health and safety of the public, including enforcement measures and penalties for noncompliance; (E) specific measures to be required by the Secretary to enforce the requirements of section 391.11(b)(2) of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act; (F) specific standards to be used to evaluate the pilot program and compare any change in the level of motor carrier safety as a result of the pilot program; (G) penalties to be levied against carriers who, under the pilot program, violate section 365.501(b) of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act; (H) a list of Federal motor carrier safety laws and regulations for which the Secretary will accept compliance with a Mexican law or regulation as the equivalent to compliance with a corresponding Federal motor carrier safety law or regulation, including commercial driver's license requirements; and (I) for any law or regulation referred to in subparagraph (H) for which compliance with a Mexican law or regulation will be accepted, an analysis of how the requirements of the Mexican and United States laws and regulations differ; and (5) the Secretary establishes an independent review panel under section 4 to monitor and evaluate the pilot program. SEC. 4. INDEPENDENT REVIEW PANEL. (a) Establishment of Panel.--The Secretary of Transportation shall establish an independent review panel to monitor and evaluate the pilot program under section 3. The panel shall be composed of 3 individuals appointed by the Secretary. (b) Duties.-- (1) Evaluation.--The independent review panel shall-- (A) evaluate any effects that the pilot program has on motor carrier safety, including an analysis of any crashes involving motor carriers participating in the pilot program and a determination of whether the pilot program has had an adverse effect on motor carrier safety; and (B) make, in writing, recommendations to the Secretary. (2) Recommendations.--If the independent review panel determines that the pilot program has had an adverse effect on motor carrier safety, the panel shall recommend, in writing, to the Secretary-- (A) such modifications to the pilot program as the panel determines are necessary to address such adverse effect; or (B) termination of the pilot program. (c) Response.--Not later than 5 days after the date of a written determination of the independent review panel that the pilot program has had an adverse effect on motor carrier safety, the Secretary shall take such action as may be necessary to address such adverse effect or terminate the pilot program. SEC. 5. INSPECTOR GENERAL REVIEW. (a) In General.--The Inspector General of the Department of Transportation-- (1) shall monitor and review the pilot program; (2) not later than 12 months after the date of initiation of the pilot program, shall submit to Congress and the Secretary of Transportation a 12-month interim report on the Inspector General's findings regarding the pilot program; and (3) not later than 18 months after the date of initiation of the pilot program, shall submit to Congress and the Secretary an 18-month interim report with the Inspector General's findings regarding the pilot program. (b) Safety Determinations.--The interim reports submitted under subsection (a) shall include the determination of the Inspector General of-- (1) whether the Secretary has established sufficient mechanisms to determine whether the pilot program is having any adverse effects on motor carrier safety; (2) whether the Secretary is taking sufficient action to ensure that motor carriers domiciled in Mexico and participating in the pilot program are in compliance with all Federal motor carrier safety laws and regulations and section 350 of Public Law 107-87; and (3) the sufficiency of monitoring and enforcement activities by the Secretary and States to ensure compliance with such laws and regulations by such carriers. (c) Report to Congress.--Not later than 60 days after the date of submission of the 18-month interim report of the Inspector General under this section, the Secretary shall submit to Congress a report on-- (1) the actions the Secretary is taking to address any motor carrier safety issues raised in one or both of the interim reports of the Inspector General; (2) evaluation of the Secretary whether granting authority to additional motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border would have any adverse effects on motor carrier safety; (3) modifications to Federal motor carrier safety laws and regulations or special procedures that the Secretary determines are necessary to enhance the safety of operations of motor carriers domiciled in Mexico in the United States; and (4) any recommendations for legislation to make the pilot program permanent or to expand operations of motor carriers domiciled in Mexico in the United States beyond municipalities and commercial zones on the United States-Mexico border. SEC. 6. DURATION OF PILOT PROGRAM. (a) In General.--The Secretary of Transportation may carry out the pilot program under this Act for a period not to exceed 3 years; except that, if the Secretary does not comply with any provision of this Act, the authority of the Secretary to carry out the pilot program terminates. (b) Final Report.--Not later than 60 days after the last day of the pilot program, the Secretary shall submit to Congress a final report on the pilot program. Passed the House of Representatives May 15, 2007. Attest: LORRAINE C. MILLER, Clerk.

Safe American Roads Act of 2007 - (Sec. 2) Prohibits the Secretary of Transportation from granting a motor carrier domiciled in Mexico authority to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border, except that the Secretary may carry out, in accordance with certain federal motor carrier safety and inspection laws and regulations and this Act, a pilot program that allows not more than 100 of such carriers, and not more than 1,000 of their vehicles, to operate beyond such municipalities and zones. Prohibits the Secretary from implementing the pilot program until: (1) the Inspector General (IG) of the Department of Transportation (DOT) submits to Congress and the Secretary a report verifying that DOT is in compliance with provisions of the Department of Transportation and Related Agencies Appropriations Act, 2002 requiring compliance by motor carriers domiciled in Mexico with certain federal motor carrier safety and inspection laws and regulations and that DOT has established sufficient mechanisms to ensure compliance with such laws and regulations by Mexico-domiciled motor carriers who will operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border; (2) the Secretary takes necessary action to address any issues raised by the IG's report and submits to Congress a report on such actions; (3) there is a program in effect for U.S.-domiciled motor carriers to operate in Mexico beyond commercial zones on the U.S.-Mexico border; and (4) the Secretary publishes in the Federal Register, and provides opportunity for public comment on, certain aspects of the pilot program. (Sec. 4) Requires the Secretary to: (1) establish an independent review panel to monitor and evaluate the pilot program; and (2) address any determination by the panel that the pilot program has had an adverse effect on motor carrier safety or terminate such program. (Sec. 5) Requires the IG: (1) to monitor and review the pilot program; and (2) not later than 12 months, and not later than 18 months, after the initiation of the pilot program submit to Congress and the Secretary interim reports that include IG findings and certain safety determinations concerning such program. Requires the Secretary, not later than 60 days after submission of the IG's 18-month interim report, to report to Congress on: (1) any actions the Secretary is taking to address motor carrier safety issues raised in the IG's interim reports; (2) the Secretary's evaluation of whether granting authority to additional motor carriers domiciled in Mexico to operate beyond U.S. municipalities and commercial zones on the United States-Mexico border would have any adverse effects on motor carrier safety; (3) modifications to federal motor carrier safety laws and regulations or special procedures necessary to enhance the safety of operations of motor carriers domiciled in Mexico in the United States; and (4) any recommendations for legislation to make the pilot program permanent or to expand operations of motor carriers domiciled in Mexico in the United States beyond municipalities and commercial zones on the United States-Mexico border. (Sec. 6) Authorizes the pilot program for three years, except that if the Secretary does not comply with the requirements of this Act, such program terminates. Requires the Secretary, not later than 60 days after the termination of the pilot program, to submit to Congress a final report on such program.

To limit the authority of the Secretary of Transportation to grant authority to motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Audit Protection Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage owners and operators of facilities, and other persons conducting activities, regulated under applicable environmental laws to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with applicable environmental laws by protecting the confidentiality of communications relating to voluntary internal environmental audits. SEC. 3. DEFINITIONS. As used in this Act: (1) Applicable environmental law.--The term ``applicable environmental law'' means-- (A) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (B) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (D) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (E) title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300f et seq.); (F) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.); (G) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (H) the Clean Air Act (42 U.S.C. 7401 et seq.); (I) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (J) the Emergency Planning and Community Right-To- Know Act of 1986 (42 U.S.C. 11001 et seq.); and (K) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.). (2) Environmental audit.--The term ``environmental audit'' means a voluntary, internal, and comprehensive evaluation of a facility or an activity at a facility regulated under an applicable environmental law, or of a management system related to the facility or activity, that-- (A) is designed to identify and prevent noncompliance and to improve compliance with an applicable environmental law; and (B) is conducted by the owner or operator of the facility, by an employee of the owner or operator, by another person conducting an activity regulated under an applicable environmental law, or by an independent contractor. (3) Environmental audit report.-- (A) In general.--The term ``environmental audit report''-- (i) means a report comprised of 1 or more components, each labeled ``Environmental Audit Report: Privileged Document'', that is prepared as a result of an environmental audit; and (ii) includes any supporting information (such as a field note or record of observations, finding, opinion, suggestion, conclusion, draft, memorandum, drawing, photograph, computer-generated or electronically recorded information, map, chart, graph, or survey) that is collected or developed for the primary purpose and in the course of the environmental audit. (B) Component.--As used in subparagraph (A), the term ``component'' means any of the following 3 items: (i) An audit report prepared by the auditor, which may include information on the scope of the audit, information gained from the audit, and conclusions and recommendations relating to the audit, together with exhibits and appendices. (ii) A memorandum or other document that analyzes a portion or all of the audit report and that may include information concerning the implementation of the report. (iii) An implementation plan that addresses the correction of past noncompliance, the improvement of current compliance, and the prevention of future noncompliance. SEC. 4. PROTECTION OF ENVIRONMENTAL AUDITS. (a) General Rule.-- (1) In general.--Except as provided in paragraph (2) and subsections (b) and (c), an environmental audit report shall not be subject to discovery and shall not be admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency. (2) Exclusion of certain types of information.--Paragraph (1) shall not apply to-- (A) any document, communication, data, report, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency pursuant to an applicable environmental law, or other Federal, State, or local law, ordinance, regulation, permit, or order; (B) information obtained by observation, sampling, or monitoring by any regulatory agency; or (C) information obtained from a source independent of the environmental audit. (b) Waiver.--Subsection (a) shall not apply with respect to an environmental audit report to the extent that subsection (a) is waived expressly or by implication by the owner or operator of a facility, or other person conducting an activity, that is regulated under an applicable environmental law, who prepared or caused to be prepared the environmental audit report. (c) Inapplicability of General Rule.-- (1) Civil and administrative proceedings.-- (A) In general.--In a civil action or an administrative proceeding, subsection (a) shall not apply to an environmental audit report, or a portion of the report, if-- (i) subsection (a) is invoked for a fraudulent purpose; or (ii)(I) the report or portion provides evidence of noncompliance with an applicable environmental law; and (II) appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence. (B) Determination of inapplicability.--In determining whether subsection (a) applies to a report or portion of a report, a court or administrative law judge shall conduct an in camera review of the report or portion of the report. (2) Criminal proceedings.-- (A) In general.--In a criminal proceeding, subsection (a) shall not apply to an environmental audit report, or a portion of the report, if-- (i) subsection (a) is invoked for a fraudulent purpose; (ii)(I) the report or portion provides evidence of noncompliance with an applicable environmental law; and (II) appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence; or (iii)(I) the report or portion contains evidence relevant to the commission of an offense under an applicable environmental law; (II) the Attorney General has a compelling need for the information; (III) the information is not otherwise available; and (IV) the Attorney General is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay. (B) Determination of inapplicability of general rule.--In determining whether subsection (a) applies to a report or portion of a report, a court or administrative law judge shall conduct an in camera review of the report or portion of the report in accordance with subparagraph (C). (C) In camera review proceedings.-- (i) In general.--If the Attorney General has probable cause to believe that an offense has been committed under an applicable environmental law based on information obtained from a source independent of an environmental audit report, the Attorney General may obtain an environmental audit report, or a portion of the report, for which subsection (a) is invoked pursuant to a search warrant, criminal subpoena, or discovery in a criminal proceeding. The Attorney General shall immediately place the report under seal and shall not review or disclose the contents of the report. (ii) Filing of petition.--Not later than 30 days after the Attorney General obtains an environmental audit report, or a portion of the report, under clause (i), the owner or operator, or other person conducting an activity regulated under an applicable environmental law, who prepared or caused to be prepared the report, may file with the court a petition requesting an in camera hearing on whether subsection (a) applies to the environmental audit report or portion. Failure by the owner or operator or other person to file the petition shall constitute a waiver of subsection (a). (iii) Scheduling order.--As soon as practicable after the filing of the petition, the court shall issue an order scheduling an in camera hearing on the petition not later than 45 days after the filing of the petition. (iv) Review by the attorney general.-- (I) In general.--An order described in clause (iii) shall allow the Attorney General to remove the seal from the report to review the report and shall place appropriate limitations on the distribution and review of the report to protect against unauthorized disclosure. The Attorney General may consult with any enforcement agency regarding the contents of the report as the Attorney General determines is necessary to prepare for the in camera hearing. (II) Use of information from review.--The information used in preparation for the in camera hearing shall not be used in any investigation or in any proceeding against the defendant, and shall be kept confidential-- (aa) unless and until the information is found by the court to be subject to disclosure under subparagraph (A); or (bb) unless the person using the information demonstrates that the information was obtained from a source independent of the environmental audit report. (v) Stipulations by the parties.--With respect to proceedings under this subparagraph, the parties may at any time stipulate to entry of an order directing that subsection (a) does or does not apply to specific information contained in an environmental audit report. (3) Relevance requirement.--Upon making a determination under paragraph (1) or (2) that an environmental audit report, or a portion of the report, should be subject to disclosure, the court may require the disclosure of only such portions of the report as are relevant to an issue in dispute in the proceeding. (d) Burdens of Proof.-- (1) In general.--Except as provided in paragraphs (2) and (3), a party invoking the protection of subsection (a) shall have the burden of proving the applicability of subsection (a), including, if there is evidence of noncompliance with an applicable environmental law, the burden of proving that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence. (2) Fraud in a civil action.--If a party seeks discovery under subsection (c)(1)(A)(i), the party shall have the burden of proving that subsection (a) is invoked for a fraudulent purpose. (3) Attorney general.--If the Attorney General seeks discovery under subsection (c)(2)(A)(iii), the Attorney General shall have the burden of proving the matters described in subsection (c)(2)(A)(iii). SEC. 5. EFFECT ON OTHER RULES. Nothing in this Act shall limit, waive, or abrogate the scope or nature of any statutory or common law rule regarding discovery or admissibility of evidence, including the attorney-client privilege and the work product doctrine. SEC. 6. APPLICABILITY. This Act shall apply to each Federal civil or criminal action or administrative proceeding that is commenced after the date of enactment of this Act. S 2371 IS----2

Environmental Audit Protection Act - Provides that an environmental audit shall not be subject to discovery or admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency, except as provided by this Act. Excludes from such protection information: (1) required to be made available to a regulatory agency pursuant to an environmental law or other Federal, State, or local law or regulation; (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the environmental audit. Makes such protection inapplicable with respect to an environmental audit report to the extent that such protection is waived by any person conducting an activity that is regulated under an applicable environmental law and who prepared the report. Excludes from protection, in a civil action or administrative proceeding, any portion of an environmental audit report if: (1) such protection is invoked for a fraudulent purpose; or (2) the report provides evidence of noncompliance with an environmental law and efforts to achieve compliance were not pursued with reasonable diligence. Excludes from protection, in a criminal proceeding, any portion of such report if: (1) any of the conditions described above with respect to civil actions or administrative proceedings where in effect; or (2) the report contains evidence relevant to the commission of an offense under an environmental law, the Attorney General has a compelling need for the information, the information is not otherwise available, and the Attorney General is unable to obtain the equivalent of the information without incurring unreasonable cost and delay. Sets forth procedures for in camera review proceedings. Bars the use of information prepared for the in camera hearing in any proceeding against the defendant and requires such information to be kept confidential unless: (1) the information is found by the court to be subject to disclosure; or (2) the person using the information demonstrates that the information was obtained from a source independent of the report.

Environmental Audit Protection Act

SECTION 1. FINDINGS. Congress finds the following: (1) Admiral Dennis C. Blair, then the Director of National Intelligence, in testimony before the House Select Committee on Intelligence on February 3, 2010, confirmed the policy of including United States citizens on lists of people to be assassinated maintained by the Central Intelligence Agency (CIA) and the Joint Special Operations Command (JSOC), stating that ``a decision to use lethal force against a U.S. citizen must get special permission.''. (2) The Obama administration publicly acknowledged that it authorized the targeting of Anwar Al-Awlaki, a United States citizen born in New Mexico who was accused of involvement in terrorist organizations abroad, the first confirmed United States citizen to be added to the CIA list of targets for capture or killing. (3) Anwar Al-Awlaqi and Samir Khan, 2 United States citizens, were killed, without due process, by a United States drone strike in Yemen on September 30, 2011. (4) Abdul-Rahman Al-Awlaqi, a 16-year-old United States citizen was killed, without due process, by a United States drone strike in Yemen on October 14, 2011. (5) United States Attorney General Eric Holder, Jr., recognized that the Department of Justice has successfully prosecuted many terrorism defendants in Federal courts, stating on Friday, November 13, 2009, that ``for over two hundred years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice . . . Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice.''. (6) The decision to use lethal force against United States citizens abroad occurs absent congressional oversight, a constitutionally guaranteed judicial process, or publicly disclosed standards for inclusion on the United States Government's ``high-value targets'' or ``high-value individuals'' list. (7) Executive Order 12333 (46 Fed. Reg. 59941; relating to United States intelligence activities), issued by President Ronald Reagan in 1981, stated, ``No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.''. (8) Executive Order 11905 (41 Fed. Reg. 7703; relating to United States foreign intelligence activities), issued by President Gerald Ford in 1976, stated, ``No employee of the United States Government shall engage in, or conspire to engage in, political assassination.''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) due process of law is a fundamental right of the United States Constitution, the United States has a commitment to uphold and defend the rights included in the Bill of Rights, and no United States citizen, regardless of location, should be ``deprived of life, liberty, property, without due process of law'', as stated in article XIV of the Constitution; (2) the participation in, or planning of activities, by the United States Government that result in the extrajudicial killing of a United States citizen undermines the rule of law and the moral standing of the United States in the world; (3) the United States and other responsible nations have a vital interest in upholding the rule of law; (4) the authority granted to the President in the Authorization for Use of Military Force (50 U.S.C. 1541 note), following the terrorist attacks of September 11, 2001, is not limitless; (5) the authority provided by the 2001 Authorization for Use of Military Force has been used by the executive branch to circumvent the role of Congress as a coequal branch of Government, to justify holding prisoners indefinitely without due process at Guantanamo Bay, for mass domestic spying on United States citizens in violation of their most basic constitutional rights, and using lethal force against United States citizens abroad who are suspected of participating in terrorist activities absent judicial review; (6) the notion that the constitutional rights of one citizen can be revoked to protect the constitutional rights of other citizens should be rejected; (7) the use of lethal force against a citizen of the United States that is outside of the internationally recognized battlefield of Afghanistan constitutes a violation of the law of armed conflict; and (8) it is in the best interest of the United States to respect the rule of law and set the example for upholding the principles of international and domestic law. SEC. 3. PROHIBITION ON THE EXTRAJUDICIAL KILLING OF UNITED STATES CITIZENS. (a) Prohibition.--No one, including the President, may instruct a person acting within the scope of employment with the United States Government or an agent acting on behalf of the United States Government to engage in, or conspire to engage in, the extrajudicial killing of a United States citizen. (b) Report on United States Citizens on Targeted Assassination Lists.--Not later than 15 days after the date of the enactment of this Act, the President shall submit to the congressional intelligence committees a report on the identity of each United States citizen that is on the list of the Joint Special Operations Command or the Central Intelligence Agency as ``high-value individuals'' or ``high-value targets''. (c) Assurances to Congress.--Not later than 7 days after the date of the enactment of this Act, the President shall submit to the congressional intelligence committees a written assurance that no United States citizens are being added to the list of the Joint Special Operations Command or the Central Intelligence Agency as ``high-value individuals'' or ``high-value targets''. (d) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Select Committee on Intelligence of the Senate. (2) Extrajudicial killing.--The term ``extrajudicial killing''-- (A) means a premeditated and intentional use of lethal force against a United States citizen; and (B) does not include-- (i) the use of lethal force against a United States citizen after a trial and finding of guilt for such citizen by an appropriate tribunal consistent with due process of law; (ii) the use of lethal force against a United States citizen who is directly participating in hostilities in a zone of active armed conflict and the United States is a party to such conflict; and (iii) the use of lethal force against a United States citizen that is authorized for law enforcement personnel under certain circumstances, including self-defense, defense of others, and enabling the release of hostages.

Expresses the sense of Congress with respect to the use of extrajudicial force against a citizen of the United States. Prohibits anyone, including the President, from instructing an employee or an agent of the United States from engaging in, or conspiring to engage in, the extrajudicial killing of a U.S. citizen. Requires the President to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate: (1) a report on the identity of each U.S. citizen that is on the list of the Joint Special Operations Command or the Central Intelligence Agency (CIA) as a high value individual or a high value target, and (2) a written assurance that no U.S. citizens are being added to such list. Defines "extrajudicial killing" to mean a premeditated and intentional use of lethal force against a U.S. citizen, but excludes from such definition the use of force in certain circumstances, including against a U.S. citizen whose guilt has been adjudicated consistent with due process of law, who is directly participating in hostilities in a zone of active armed conflict and the United States is a party to such conflict, or against whom force is required by law enforcement personnel for purposes of self defense, defense of others, or enabling the release of hostages.

To prohibit the extrajudicial killing of United States citizens, and for other purposes.

SECTION 1. DELAY OF EFFECTIVE DATES FOR SINGLE-EMPLOYER PLAN FUNDING RULES. (a) In General.-- (1) Delayed effective dates.--The sections of the Pension Protection Act of 2006, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 specified in paragraph (3) are amended-- (A) by striking ``2007'' and inserting, ``the applicable funding pre-effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', (B) by striking ``2008'' and inserting ``the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', (C) by striking ``2009'' and inserting ``the calendar year after the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', (D) by striking ``2010'' and inserting ``the calendar year that is two years after the applicable effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', (E) by striking ``2011'' and inserting ``the calendar year that is three years after the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', and (F) by striking ``2012'' and inserting ``the calendar year that is four years after the applicable funding effective year (as defined in section 1305 of the Pension Protection Act of 2006)''. (2) Applicable funding effective date years.--Title XIII of the Pension Protection Act of 2006 is amended by adding at the end the following new section: ``SEC. 1305. APPLICABLE FUNDING EFFECTIVE DATES. ``(a) In General.-- ``(1) For purposes of this Act, except as otherwise provided in this section, the term `applicable funding pre- effective date year' means 2008. ``(2) For purposes of this Act, the term `applicable funding effective date year' means the calendar year immediately following the applicable funding pre-effective date year. ``(b) Exception.--Subsection (a)(1) shall apply only if final regulations are issued by June 30, 2008, with respect to sections 206(g), 303(f), 303(g)(3), 303(h)(2), 303(h)(3), 303(i)(4)(A)(ii), and 303(j)(3)(A) of the Employee Retirement Income Security Act of 1974 and sections 430(f), 430(g)(3), 430(h)(2), 430(h)(3), 430(i)(4)(A)(ii), 430(j)(3)(A), and 436 of the Internal Revenue Code of 1986. If final regulations under all such sections are not issued by June 30, 2008, for purposes of this Act, the term `applicable funding pre-effective date year' shall mean the first calendar year with respect to which all such final regulations are issued by June 30 of such year. ``(c) Effective Date.--This section shall take effect on the date of the enactment of this Act.''. (3) Applicable sections.-- (A) Pension protection act of 2006.--The amendments made in paragraph (1) shall apply to the following sections of the Pension Protection Act of 2006: 101(d), 102(c), 103(c), 104(b), 105(b), 106(b), 107(e), 111(b), 112(b), 113(b), 115(a), 115(b)(3), 115(e)(2), 302(c), 401(a)(2), 402(b)(1), 505(c), and 802(b). (B) Internal revenue code of 1986.--The amendments made in paragraph (1) shall apply to the following sections of the Internal Revenue Code of 1986: 417(e)(3), 430(c)(5), 430(f)(1)(B)(ii)(I),430(f)(3)(C), 430(f)(6)(C)(i), 430(f)(7)(C)(i), 430(h)(2)(G), 430(i)(4)(B), 430(i)(5)(C), 436(j), and 436(k). (C) Employee retirement income security act of 1974.--The amendments made in paragraph (1) shall apply to the following sections of the Employee Retirement Income Security Act of 1974: 205(g)(3), 206(g)(9), 206(g)(10), 303(c)(5), 303(f)(1)(B)(ii)(I), 303(f)(3)(C), 303(f)(6)(C)(i), 303(f)(7)(C)(i), 303(h)(2)(G), 303(i)(4)(B), 303(i)(5)(C), and 4041(b)(5)(C)(i). (b) Extension of Replacement of 30-Year Treasury Rates.-- (1) Amendments of erisa.-- (A) Determination of range.--Subclause (II) of section 302(b)(5)(B)(ii) of the Employee Retirement Income Security Act of 1974 is amended-- (i) by striking ``January 1, 2008'' and inserting ``January 1 of the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', and (ii) in the heading, by striking ``for years 2004, 2005, 2006, and 2007''. (B) Determination of current liability.--Subclause (IV) of section 302(d)(7)(C)(i) of such Act is amended-- (i) by striking ``in 2004, 2005, 2006, or 2007'' and inserting ``after 2003 and before the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', and (ii) in the heading, by striking ``for years 2004, 2005, 2006, and 2007''. (C) PBGC premium rate.--Subclause (V) of section 4006(a)(3)(E)(iii) of such Act is amended by striking ``January 1, 2008'' and inserting ``January 1 of the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)''. (2) Amendments of internal revenue code.-- (A) Determination of range.--Subclause (II) of section 412(b)(5)(B)(ii) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``January 1, 2008'' and inserting ``January 1 of the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', and (ii) in the heading, by striking ``for years 2004, 2005, 2006, and 2007''. (B) Determination of current liability.--Subclause (IV) of section 412(1)(7)(C)(i) of such Code is amended-- (i) by striking ``in 2004, 2005, 2006, and 2007'' and inserting ``after 2003 and before the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'', and (ii) in the heading, by striking ``for years 2004, 2005, 2006, and 2007''. (3) Plan amendments.--Clause (ii) of section 101(c)(2)(A) of the Pension Funding Equity Act of 2004 is amended by striking ``January 1, 2008'' and inserting ``January 1 of the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)''. (c) Conforming Amendments Regarding Transition Rule.-- (1) In general.--Paragraph (1) of section 115(d) of the Pension Protection Act of 2006 is amended to read as follows: ``(1) In general.--Section 769(c)(3) of the Retirement Protection Act of 1994, as added by section 201 of the Pension Funding Equity Act of 2004, is amended by striking `in 2004 and 2005' and inserting `after 2003 and before the applicable funding effective date year (as defined in section 1305 of the Pension Protection Act of 2006)'.''. (2) Heading.--The heading of subsection (d) of section 115 of such Act is amended by striking ``for 2006 and 2007''. (d) Conforming Amendments Regarding Funding Notice.-- (1) In general.--Paragraph (1) of section 501(d) of the Pension Protection Act of 2006 is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to plan years beginning after December 31 of the applicable funding pre- effective date year (as defined in section 1305 of this Act), or, in the case of a multiemployer plan, plan years beginning after December 31, 2007.''. (2) Repeal of notice.--Subsection (d) of section 501 of such Act is amended by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: ``(2) Repeal of notice.--The amendment made by subsection (b) shall apply to plan years beginning after December 31, 2006.''. (3) Transition rule.--Paragraph (3) of section 501(d) of such Act, as redesignated, is amended-- (A) by adding ``or, in the case of a single- employer plan, before January 1 of the applicable funding effective date year (as defined in section 1305 of this Act)'' after ``2008,'', (B) by striking ``2006'' and inserting ``2006 or, in the case of a single-employer plan, before the applicable funding pre-effective date year (as defined in section 1305 of this Act)'', (C) by striking ``2007'' and inserting ``the applicable funding pre-effective date year (as defined in section 1305 of this Act)'', (D) by striking ``or funded percentage'' the second place it appears, (E) by striking ``may provide.'' and inserting ``may provide, and'', (F) by adding at the end the following: ``(C) in the case of a plan year beginning in 2007, the funded percentage as determined using such methods of estimation as the Secretary of the Treasury may provide.''. (e) Conforming Amendments Regarding Additional Annual Reporting Requirements.--Subsection (f) of section 503 of the Pension Protection Act of 2006 is amended to read as follows: ``(f) Effective Date.-- ``(1) In general.--Except as otherwise provided in paragraph (2), the amendments made by this section shall apply to plan years beginning after the applicable funding pre- effective date year (as defined in section 1305 of this Act). ``(2) Multiemployer plans.--With respect to multiemployer plans, the amendments made by this section shall apply to plan years beginning after December 31, 2007.''. (f) Conforming Amendments Regarding Plan Amendments.-- (1) In general.--Subparagraph (B) of section 1107(b)(1) of the Pension Protection Act of 2006 is amended by striking ``January 1, 2009'' and inserting ``January 1 of the calendar year after the applicable funding effective date year (as defined in section 1305 of this Act)''. (2) Governmental plans.--Paragraph (1) of section 1107(b) of such Act is amended to read as follows: ``(1) In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), subparagraph (B) shall be applied as if it read: `on or before the last day of the first plan year beginning on or after January 1 of the calendar year that is three years after the applicable funding effective date year (as defined in section 1305 of this Act)'.''. (g) Conforming Amendments Regarding Deduction Limits.-- (1) In general.--Paragraph (1) of section 801(f) of the Pension Protection Act of 2006, as redesignated by paragraph (4), is amended-- (A) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)'', and (B) by striking ``December 31, 2007'' and inserting ``December 31 of the applicable funding pre-effective date year (as defined in section 1305 of this Act)''. (2) Multiemployer plans.--Subsection (f) of section 801 of such Act, as redesignated by paragraph (4), is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Multiemployer plans.--Except as provided in paragraph (3), with respect to multiemployer plans, the amendments made by this section shall apply to years beginning after December 31, 2007.''. (3) Special rule.--Paragraph (3) of section 801(d) of such Act, as redesignated, is amended by adding at the end the following: ``The amendments made by subsection (e) shall apply to years beginning after December 31, 2007, and before January 1 of the applicable funding effective date year (as defined in section 1305 of this Act).''. (4) Conforming amendments.-- (A) In general.--Subparagraph (D) of section 404(a)(1) of the Internal Revenue Code of 1986 (as amended by the Pension Protection Act of 2006 other than section 802 of such Act) is amended by adding at the end the following: ``(v) Multiemployer plans.--In the case of a defined benefit plan which is a multiemployer plan, except as provided in regulations, the maximum amount deductible under the limitations of this paragraph shall not be less than the excess (if any) of-- ``(I) 140 percent of the current liability of the plan determined under section 431(c)(6)(C), over ``(II) the value of the plan's assets determined under section 431(c)(2).''. (B) Single-employer plans.--Subparagraph (D) of section 404(a)(1) of such Code is amended-- (i) by inserting after ``defined benefit plan'' in clause (i) the following ``(other than a multiemployer plan)'', (ii) by striking ``(140 percent in the case of a multiemployer plan)'' in clause (i), and (iii) by striking ``clause (i)'' in clause (iv) and inserting ``clauses (i) and (v)''. (h) Conforming Amendment Regarding Commercial Airlines.--Paragraph (2) of section 402(a) of the Pension Protection Act of 2006 is amended by adding at the end the following: ``In the case of an election under this paragraph, such sections shall apply with respect to such plan sponsor based on the effective date provisions in effect immediately before the enactment of section 1305 of this Act.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Pension Protection Act of 2006.

Amends the Pension Protection Act of 2006, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974 to delay until January 1, 2009, the implementation of pension plan funding rules enacted by the Pension Protection Act of 2006.

To provide an orderly transition to new requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Working Families Act''. SEC. 2. FINDINGS. Congress finds that-- (1) every industrialized country in the world except the United States guarantees the fundamental right to health care to all its citizens; (2) more than 40,000,000 Americans are without health insurance coverage; (3) the number of uninsured Americans is growing; (4) the vast majority of uninsured Americans are workers or dependents of workers; (5) lack of health insurance is a major cause of poor access to health care, delayed or substandard treatment, and unnecessary death; (6) for more than half a century, Congress has enacted laws to ensure that work is appropriately rewarded, including laws establishing a minimum wage and a 40 hour work week, laws ensuring safe and healthy working conditions, and laws requiring employers to contribute to the cost of retirement security through Social Security and Medicare; (7) the vast majority of large employers provide health insurance coverage to their employees and the dependents of those employees; and (8) the minority of large employers that do not provide such coverage should be expected to assume this social responsibility. SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES ``SEC. 201. HEALTH BENEFITS. ``(a) Offer to Enroll.-- ``(1) In general.--Each large employer, in accordance with this title, shall offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the family of the employee. ``(2) Qualifying health benefit plan.--For purposes of this title, the term `qualifying health benefit plan' means a plan that provides benefits for health care items and services that are actuarily equivalent or greater in value than the benefits offered as of January 1, 2002 under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ``(b) Contribution and Withholding.-- ``(1) In general.--Each large employer, in accordance with this title, shall-- ``(A) contribute to the cost of any qualifying health benefit plan offered to and selected by its employees under subsection (a); and ``(B) withhold from the wages of an employee, the employee share of the premium assessed for coverage under the qualifying health benefit plan (if any) selected by the employee. ``(2) Required contribution.--Except as provided in paragraphs (3) and (4), the portion of the total premium to be paid by a large employer under paragraph (1)(A) shall not be less than 75 percent of such total premium. ``(3) Part-time employees.--With respect to an employee who works less than 30 hours per week, the employer contribution required under paragraph (2) shall be equal to the product of-- ``(A) the contribution required under paragraph (2); and ``(B) the ratio of number of hours worker by the employee in a typical week to 30 hours. ``(4) Limitation.--No employer contribution shall be required under this subsection with respect to an employer who works less than 10 hours per week. ``(c) Large Employers.-- ``(1) In general.--The provisions of this title shall only apply to large employers. ``(2) Definition.-- ``(A) In general.--As used in paragraph (1), the term `large employer' means, with respect to a calendar year and plan year, an employer that employed an average of at least 100 full-time employees on business days during the preceding calendar year and who employs not less than 100 employees on the first day of the plan year. ``(B) Exception.--The provisions of this title shall apply with respect to an employer that is not a large employer under subparagraph (A) if the majority of the services performed by such employer consist of services performed on behalf of a single large employer. ``(3) Contract, temporary, and leased workers.--For purposes of this title, a contract, temporary, or leased worker of an employer shall be considered to be an employee of the employer, except that a temporary worker provided by a temporary employment firm shall not be required to be covered by a large employer if coverage meeting the standards of this title is provided to the worker by the temporary employment firm. ``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND WITHHOLDING. ``(a) Date of Initial Coverage.--In the case of an employee enrolled under a qualifying health benefit plan provided by a large employer, the coverage under the plan must begin not later than 30 days after the day on which the employee first performs an hour of service as an employee of that employer. ``(b) Withholding Permitted.--No provision of State law shall prevent an employer of an employee enrolled under a qualifying health benefit plan established under this title from withholding the amount of any premium due by the employee from the payroll of the employee. ``SEC. 203. ENFORCEMENT. ``(a) Civil Money Penalty Against Private Employers.--The provisions of section 502 of the Employee Retirement Income Security Act of 1974-- ``(1) relating to the commencement of civil actions by the Secretary under subsection (a) of such section; ``(2) relating to civil money penalties under subsection (c)(2) of such section; and ``(3) relating to the procedures for assessing, collecting and the judicial review of such civil money penalties; shall apply with respect to any large employer that does not comply with this title. ``(b) Injunctive Relief.--The provisions of section 17 shall apply with respect to violations of this title. ``SEC. 204. PREEMPTION. ``Nothing in this title shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements relating to employer provided health insurance coverage unless such standards and requirements prevent the application of a requirements of this title. ``SEC. 205. DEFINITION AND EFFECTIVE DATE. ``(a) Definition.--In this title the terms `family' and `family member' mean, with respect to an employee, the spouse and children (including adopted children) of the employee and any other individual covered by the employer under family plan coverage. ``(b) Effective Date.--This title shall apply with respect to employers on the first day of the first plan year beginning on or after January 1, 2003.''. (b) Conforming Amendments.-- (1) The Fair Labor Standards Act of 1938 is amended by striking out the first section and inserting in lieu thereof the following: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Fair Labor Standards Act of 1938'. ``TITLE I--WAGES AND HOURS''. (2) The Fair Labor Standards Act of 1938 is amended by striking out ``this Act'' each place it occurs and inserting in lieu thereof ``this title''. (3) Section 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. 217) is amended by inserting ``or violations of title II'' before the period. SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following: ``SEC. 249. REQUIREMENT FOR HEALTH INSURANCE COVERAGE. ``A health insurance issuer (as defined in section 2791(a)) that offers health insurance coverage (as defined in section 2791(a)) to an employer on behalf of the employees of such employer shall ensure that such coverage complies with the requirements of title II of the Fair Labor Standards Act of 1938.''.

Health Care for Working Families Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a new title II, Health Benefits for Employees and Their Families.Requires employers with 100 or more employees (large employers) to: (1) offer employees the opportunity to enroll in a qualifying health benefit plan that provides family coverage; (2) contribute at least 75 percent of the plan premium; and (3) withhold the employee's share from wages. Applies such requirements to smaller employers that perform a majority of their services for a single large employer. Considers contract, leased, and temporary workers as employees. Provides a formula for determining an alternative minimum employer contribution for plan coverage of part-time workers (who work less than 30 but no less than ten hours per week).Requires such qualifying health plans to provide benefits that are actuarially equivalent or greater in value than those under the Blue Cross-Blue Shield Standard Plan under the Federal Employees Health Benefit Program as of January 1, 2002.Amends the Public Health Service Act to require health insurance issuers to ensure that any employee health insurance coverage they offer to employers complies with requirements of title II of FLSA.

A bill to provide health benefits for workers and their families.

SECTION 1. LIMITATION ON DISPOSAL OF FORMER NAVAL VESSELS AND MARITIME ADMINISTRATION VESSELS FOR SCRAPPING ABROAD. (a) Limitation.--Except as provided in subsection (b), the Secretary concerned may not dispose of a vessel under the jurisdiction of that Secretary that is otherwise available for disposal if the disposal will result in the scrapping of the vessel outside the United States. (b) Exception.--The prohibition in subsection (a) does not apply in the case of a particular vessel if-- (1) the Administrator of the Environmental Protection Agency certifies to Congress and the Secretary concerned that the environmental standards imposed by law and enforced in the country in which the vessel is to be scrapped are similar to the environmental standards imposed under United States law; and (2) the Secretary of Labor certifies to Congress and the Secretary concerned that the country in which the vessel is to be scrapped recognizes internationally recognized worker rights (as that term is defined in section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)). (c) Covered Secretaries.--For the purposes of this section, the term ``Secretary concerned'' means-- (1) the Secretary of the Navy, in the case of vessels under the jurisdiction of the Secretary of the Navy; and (2) the Secretary of Transportation, in the case of vessels under the jurisdiction of the Maritime Administration. (d) Scrapping.--For the purposes of this section, the term ``scrapping'', with respect to a vessel, includes dismantling the vessel and breaking up the vessel. SEC. 2. NAVY SHIP SCRAPPING PILOT PROGRAM. (a) In General.--(1) During fiscal years 1999 and 2000, the Secretary of the Navy shall carry out a pilot program-- (A) to gather data on the cost of scrapping United States vessels at locations within the United States; and (B) to demonstrate cost effective technologies and techniques to scrap such vessels in a manner that is protective of worker safety and health and the environment. (2) The Secretary, in carrying out the pilot program, shall provide for the scrapping at locations within the United States of vessels in such number or tonnage as the Secretary determines to be sufficient for the purposes of the pilot program specified in subparagraphs (A) and (B) of paragraph (1). (b) Contract Award.--(1) In selecting the contractor for any contract under the pilot program for the scrapping of a vessel, the Secretary shall award the contract to the offeror that the Secretary determines will provide the best value to the United States, taking into account such factors as the Secretary considers appropriate. (2) In making a best value determination under this subsection, the Secretary shall give a greater weight to technical and performance- related factors than to cost and price-related factors. (3) In evaluating an offer for such a contract, the Secretary shall give significant weight to the technical qualifications and past performance of the offeror, and the major subcontractors or team members of the offeror, in the following areas: (A) Compliance with applicable Federal, State, and local laws and regulations for environmental and worker protection. (B) Ability to safely remove, handle, and abate hazardous materials such as polychlorinated biphenyls, asbestos, and lead. (C) Experience with ship construction, conversion, repair, or scrapping. (D) Ability to manage workers safely in the following processes and procedures: (i) Metal cutting and heating. (ii) Working in confined and enclosed spaces. (iii) Fire prevention and protection. (iv) Health and sanitation. (v) Handling and control of polychlorinated biphenyls, asbestos, lead, and other hazardous materials. (vi) Operation and use of magnetic cranes or heavy lift cranes. (vii) Use of personal protection equipment. (viii) Emergency spill and containment capability. (E) Ability to provide an overall plan and schedule to remove, tow, moor, demilitarize, dismantle, transport, and sell salvage materials and scrap in a safe and cost effective manner in compliance with applicable Federal, State, and local laws and regulations. (F) Ability to provide an effective scrap site spill containment prevention and emergency response plan. (G) Ability to ensure that subcontractors adhere to applicable Federal, State and local laws and regulations for environmental and worker safety. (4) Nothing in this subsection shall be construed to require the Secretary to disclose the specific weight of evaluation factors to potential offerors or to the public. (c) Contract Terms and Conditions.--Any contract awarded by the Secretary for the scrapping of a vessel for the purposes of the pilot program shall provide for the following: (1) The transfer of the vessel to the contractor. (2) The sharing (by any appropriate contracting method) of the costs of scrapping the vessel between the Government and the contractor. (3) A performance incentive to the contractor for a successful record of environmental and worker protection under the contract. (4) Access by the United States to records of the contractor in accordance with the requirements of section 2313 of title 10, United States Code. (d) Reports.--(1) Not later than September 30, 1999, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an interim report on the pilot program. That report shall include the following: (A) The procedures used for the solicitation and award of each contract awarded under the program. (B) A description of each contract awarded under the program. (2) Not later than September 30, 2000, the Secretary of the Navy shall submit to those committees a final report on the pilot program. That report shall include the following: (A) The results of the program and the performance of each contractor under the program. (B) The procurement strategy of the Secretary for future ship scrapping activities.

Prohibits the Secretaries of the Navy and of Transportation from disposing of any naval vessel or Maritime Administration vessel, respectively, for purposes of scrapping, dismantling, or breaking up such vessels outside the United States, unless: (1) the Administrator of the Environmental Protection Agency certifies to the Congress and the Secretary concerned that environmental standards imposed by law and enforced in the country in which the vessel is to be scrapped, dismantled, or broken up are similar to the environmental standards imposed under U.S. law; and (2) the Secretary of Labor certifies to the Congress and the Secretary concerned that such country recognizes internationally recognized worker rights. Directs the Secretary of the Navy to carry out a pilot program to: (1) gather data on the cost of scrapping U.S. vessels at U.S. locations; and (2) demonstrate cost effective technologies and techniques to scrap such vessels in a manner that is protective of worker safety and health and the environment. Requires the Secretary of the Navy, in selecting a contractor for any contract under the pilot program for the scrapping of a vessel, to award the contract to an offeror that will provide the best value to the United States.

To limit the disposal of former naval vessels and Maritime Administration vessels for purpose of scrapping abroad and to require the Secretary of the Navy to carry out a ship scrapping pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Cost Educational Resources Act''. SEC. 2. GRANTS. Section 262 of the Museum and Library Services Act (20 U.S.C. 9162) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``nationwide and to'' and inserting ``nationwide, to''; and (ii) by inserting ``, and to provide funding for open educational reading material courses'' after ``museums''; (B) in paragraph (3), by striking ``and'' at the end; (C) in paragraph (4), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(5) facilitating the adoption, adaption, and creation of open educational reading materials, and establishing more open educational reading material courses, pursuant to subsection (d).''; (2) in subsection (c), by striking ``The Director'' and inserting ``Except as provided in subsection (d), the Director''; and (3) by adding at the end the following: ``(d) Open Educational Reading Material Courses.-- ``(1) Definitions.--For purposes of this section: ``(A) The term `open educational reading material' means a free digital text that is publicly available to be downloaded and redistributed. ``(B) The term `open educational reading material course' means a science, technology, engineering, or math course offered by an institution of higher education that uses only open educational reading materials as the form of the required readings for the course. ``(2) Application.--To receive a grant under subsection (a)(5), an institution of higher education shall submit to the Director an application that includes-- ``(A) a description of how the institution of higher education-- ``(i) plans to facilitate the adoption, adaption, and creation of open educational reading materials by assigning leadership of the grant implementation to library administrators and librarians; ``(ii) has collaborated with science, technology, engineering, and mathematics department faculty in developing the application and plans to continue to collaborate with such faculty in implementing the grant projects; and ``(iii) plans to collaborate with other institutions of higher education to facilitate the wider adoption, adaption, and creation of open educational reading materials throughout the higher education community; and ``(B) a plan to review the quality of the open educational reading materials used at such institution of higher education. ``(3) Priority.--In awarding grants under subsection (a)(5), the Director shall give priority to an institution of higher education that-- ``(A) enrolls a high number of low-income or minority students, or both; and ``(B) plans-- ``(i) to assign a member of the faculty and a librarian to coordinate the implementation of open educational reading material courses; ``(ii) to use library resources to facilitate the use of open educational reading materials; ``(iii) to use open educational reading materials as the form of the required readings for science, technology, engineering, and mathematics courses with high enrollment; and ``(iv) to provide incentives for faculty to use only open educational reading materials as the form of the required readings for their courses, such as monetary awards or dedicated work time to adopt, adapt, or create such materials. ``(4) Report.--Not later than 2 years after the date on which the first grant is awarded under subsection (a)(5), the Director shall submit to Congress a report that includes-- ``(A) the number of grants awarded under subsection (a)(5); ``(B) an evaluation of the effect of such grants on increasing the number of science, technology, engineering, and mathematics courses using open educational reading materials as the form of required readings for such courses; and ``(C) an evaluation of the amount of money saved by students who enroll in open educational reading material courses in comparison to students who enroll in similar courses with required readings that are only available by purchase.''.

No Cost Educational Resources Act This bill amends the Museum and Library Services Act of 1996 to modify the National Leadership Grants for Libraries Program. Specifically, it expands the purposes of the grant program to include providing funds for open educational reading material courses. Additionally, the bill authorizes the Institute of Museum and Library Service to award grants to institutions of higher education to facilitate the adoption, adaption, and creation of open educational reading materials, and to establish more open educational reading material courses.

No Cost Educational Resources Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diesel Emissions Reduction Act of 2010''. SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. (a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) any private individual or entity that-- ``(i) is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and ``(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).''; (2) in paragraph (4), by inserting ``currently, or has not been previously,'' after ``that is not''; (3) by striking paragraph (9); (4) by redesignating paragraph (8) as paragraph (9); (5) in paragraph (9) (as so redesignated), in the matter preceding subparagraph (A), by striking ``, advanced truckstop electrification system,''; and (6) by inserting after paragraph (7) the following: ``(8) State.--The term `State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) National Grant, Rebate, and Loan Programs.--Section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities'' and inserting ``to provide grants, rebates, or low- cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section,''; and (B) in paragraph (1), by striking ``tons of''; (3) in subsection (b)-- (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``90'' and inserting ``95''; (ii) in subparagraph (B)(i), by striking ``10 percent'' and inserting ``5 percent''; and (iii) in subparagraph (B)(ii), by striking ``the application under subsection (c)'' and inserting ``a verification application''; (4) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by striking paragraph (1) and inserting the following: ``(1) Expedited process.-- ``(A) In general.--The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds. ``(B) Requirements.--In developing the expedited process under subparagraph (A), the Administrator-- ``(i) shall take into consideration the special circumstances affecting small fleet owners; and ``(ii) to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation. ``(2) Eligibility.-- ``(A) Grants.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(B) Rebates and low-cost loans.--To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish-- ``(i) to the Administrator; or ``(ii) to an entity that has entered into a contract under subsection (e).''; (C) in paragraph (3)(G) (as redesignated by subparagraph (A)), by inserting ``in the case of an application relating to nonroad engines or vehicles,'' before ``a description of the diesel''; and (D) in paragraph (4) (as redesignated by subparagraph (A))-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``, rebate,'' after ``grant''; and (II) by inserting ``highest'' after ``shall give''; (ii) in subparagraph (C)(iii)-- (I) by striking ``a diesel fleets'' and inserting ``diesel fleets''; and (II) by inserting ``construction sites, schools,'' after ``terminals,''; (iii) in subparagraph (E), by adding ``and'' at the end; (iv) in subparagraph (F), by striking ``; and'' and inserting a period; and (v) by striking subparagraph (G); (5) in subsection (d)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``, rebate,'' after ``grant''; and (B) in paragraph (2)(A)-- (i) by striking ``grant or loan provided'' and inserting ``grant, rebate, or loan provided, or contract entered into,''; and (ii) by striking ``Federal, State or local law'' and inserting ``any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act''; and (6) by adding at the end the following: ``(e) Contract Programs.-- ``(1) Authority.--In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this subtitle. ``(2) Eligible contractors.--The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity-- ``(A) to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or ``(B) to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades. ``(f) Public Notification.--Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency-- ``(1) for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and ``(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.''. (c) State Grant, Rebate, and Loan Programs.--Section 793 of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a), by inserting ``, rebate,'' after ``grant''; (3) in subsection (b)(1), by inserting ``, rebate,'' after ``grant''; (4) by amending subsection (c)(2) to read as follows: ``(2) Allocation.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this subtitle for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to \1/53\ of the funds made available for that fiscal year for distribution to States under this paragraph. ``(B) Certain territories.-- ``(i) In general.--Except as provided in clause (ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation equal to \1/53\ of the funds made available for that fiscal year for distribution to States under this subsection, divided equally among those 4 States. ``(ii) Exception.--If any State described in clause (i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under clause (i) shall be reallocated pursuant to subparagraph (C). ``(C) Reallocation.--If any State does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each remaining qualified State in an amount equal to the product obtained by multiplying-- ``(i) the proportion that the population of the State bears to the population of all States described in paragraph (1); by ``(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.''; (5) in subsection (d)-- (A) in paragraph (1), by inserting ``, rebate,'' after ``grant''; (B) in paragraph (2), by inserting ``, rebates,'' after ``grants''; (C) in paragraph (3), in the matter preceding subparagraph (A), by striking ``grant or loan provided under this section may be used'' and inserting ``grant, rebate, or loan provided under this section shall be used''; and (D) by adding at the end the following: ``(4) Priority.--In providing grants, rebates, and loans under this section, a State shall use the priorities in section 792(c)(4). ``(5) Public notification.--Not later than 60 days after the date of the award of a grant, rebate, or loan by a State, the State shall publish on the Web site of the State-- ``(A) for rebates, grants, and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates, grants, or loans provided, as well as a breakdown of the technologies funded through the rebates, grants, or loans; and ``(B) for other rebates, grants, and loans, a description of each application for which the grant, rebate, or loan is provided.''. (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is amended-- (1) in each of paragraphs (2) through (5) by inserting ``, rebate,'' after ``grant'' each place it appears; (2) in paragraph (5), by striking ``and'' at the end; (3) in paragraph (6), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(7) in the last report sent to Congress before January 1, 2016, an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofit under this program and a description of the number and types of applications that were not granted in the preceding year.''. (e) Authorization of Appropriations.--Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows: ``SEC. 797. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle $100,000,000 for each of fiscal years 2012 through 2016, to remain available until expended. ``(b) Management and Oversight.--The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.''. SEC. 3. AUDIT. (a) In General.--Not later than 360 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out an audit to identify-- (1) all Federal mobile source clean air grant, rebate, or low cost revolving loan programs under the authority of the Administrator of the Environmental Protection Agency, the Secretary of Transportation, or other relevant Federal agency heads that are designed to address diesel emissions from, or reduce diesel fuel usage by, diesel engines and vehicles; and (2) whether, and to what extent, duplication or overlap among, or gaps between, these Federal mobile source clean air programs exists. (b) Report.--The Comptroller General of the United States shall-- (1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a copy of the audit under subsection (a); and (2) make a copy of the audit under subsection (a) available on a publicly accessible Internet site. (c) Offset.--All unobligated amounts provided to carry out the pilot program under title I of division G of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 814) under the heading ``miscellaneous items'' are rescinded. SEC. 4. EFFECTIVE DATE. (a) General Rule.--Except as provided in subsection (b), the amendments made by section 2 shall take effect on October 1, 2011. (b) Exception.--The amendments made by subsections (a)(4) and (6) and (c)(4) of section 2 shall take effect on the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide rebates, on a competitive basis, including through contracts for the administration of programs for providing rebates and loans, to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve significant reductions in diesel emissions. Includes among entities eligible to receive funding for reducing diesel emissions any private individual or entity that: (1) is the owner of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a federal agency or a regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality; and (2) meets such requirements as the Administrator may establish for vehicle use and for notice to and approval by such agency with respect to a contract, license, or lease. Redefines "emerging technology" to mean a technology which is not or has not been certified or verified by, but for which an approved application and test plan has been submitted to, the Administrator or the California Air Resources Board. Includes Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands within the meaning of "state" along with states and the District of Columbia. Revises provisions concerning the distribution and use of funds and applications for such funding. Requires the Administrator to develop a simplified application process for applicants to expedite the provision of funds. Requires each state to give priority to projects that meet specified criteria. Requires the Administrator and each state to publish on its website the total number and dollar amount of rebates and loans provided, as well as a breakdown of the technologies funded and a description of each application for which a grant or loan is provided. Requires the Administrator to include in a report on the implementation of such program sent to Congress before January 1, 2016, an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofitted under this program and a description of the number and types of applications that were not granted in the preceding year. Requires the Comptroller General to carry out and report on an audit to identify: (1) all federal mobile source clean air grant, rebate, or low cost revolving loan programs under the authority of the Administrator, the Secretary of Transportation, or other relevant federal agency heads that are designed to address diesel emissions from, or reduce diesel fuel usage by, diesel engines and vehicles; and (2) duplication or overlap among, or gaps between, federal mobile source clean air programs. Rescinds all unobligated amounts provided to carry out the pilot program for mailings of postal patron postcards by Senators for the purpose of providing notice of town meetings the Senator will attend.

An act to amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Security Act of 2006''. SEC. 2. PROHIBITION ON LEASES OF REAL PROPERTY AND FACILITIES AT UNITED STATES PORTS BY FOREIGN GOVERNMENT-OWNED ENTITIES. (a) In General.--Section 271(d) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(d)) is amended-- (1) by striking ``Subject to subsection (d)'' and inserting the following: ``(1) In general.--Subject to subsection (e)''; and (2) by adding at the end the following new paragraph: ``(2) Prohibition on leases of real property and facilities at united states ports by foreign government-owned entities.-- The President shall prohibit any merger, acquisition, or takeover described in subsection (a)(1) that will result in any entity that is owned or controlled by a foreign government leasing, operating, managing, or owning real property or facilities at a United States port.''. (b) Report Required.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress a report on the leasing, operating, managing, or owning real property or facilities at United States ports by entities that are owned or controlled by foreign governments. (2) Content.--The report required under paragraph (1) shall include-- (A) a list of all entities that are owned or controlled by foreign governments that are leasing, operating, managing, or owning real property or facilities at United States ports; (B) an assessment of the national security threat posed by such activities; and (C) recommendations for any legislation in response to such threat. SEC. 3. INCREASED TRANSPARENCY OF MANDATORY INVESTIGATIONS. Section 271(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``The President'' and inserting the following: ``(1) In general.--The President''; (3) by adding at the end the following new paragraphs: ``(2) Notification to congress.--Not later than one day after commencing an investigation under paragraph (1), the President shall provide notice of the investigation and relevant information regarding the proposed merger, acquisition, or takeover, including relevant ownership records to-- ``(A) the Majority Leader and Minority Leader of the Senate; ``(B) the Speaker and Minority Leader of the House of Representatives; ``(C) the Chairmen and Ranking Members of the Committee on Finance, the Committee on Homeland Security and Government Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; ``(D) the Chairmen and Ranking Members of the Committee on Ways and Means, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and ``(E) the Members of Congress representing the States and districts affected by the proposed transaction. ``(3) Notification to public officials of investigations of proposed transactions affecting united states ports.--In the case of an investigation under paragraph (1) of a proposed merger, acquisition, or takeover that will result in any entity that is owned or controlled by a foreign government leasing, operating, managing, or owning real property or facilities at a United States port, the President shall, not later than one day after commencing an investigation under paragraph (1), notify the Governors and heads of relevant government agencies of the States in which such ports are located and provide to such Governors and relevant agency heads information regarding the proposed merger, acquisition, or takeover, including relevant ownership records. ``(4) Public comments.-- ``(A) Solicitation of public comments.--Not later than 7 days after commencing an investigation under paragraph (1), the President shall publish in the Federal Register a description of the proposed merger, acquisition, or takeover, including a solicitation for public comments on such proposed merger, acquisition, or takeover. ``(B) Summary of public comments.--Not later than 10 days prior to the completion of an investigation under paragraph (1), the President shall publish in the Federal Register a summary of the public comments received pursuant to subparagraph (A).''. SEC. 4. TECHNICAL CORRECTION. Section 271(e) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(e)) is amended by striking ``subsection (c)'' and inserting ``subsection (d)''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any merger, acquisition, or takeover considered on or after October 1, 2005 under section 271 of the Defense Production Act of 1950 (50 U.S.C. App. 2170).

Port Security Act of 2006 - Amends the Defense Production Act of 1950 to prohibit a merger, acquisition, or takeover that will result in a foreign government-owned entity leasing, operating, managing, or owning real property or facilities at a U.S. port. Requires the President to: (1) report to Congress on the leasing, operating, managing, or owning of real property or facilities at U.S. ports by entities that are foreign government-owned; (2) provide notice to Congress and relevant public officials of the required mandatory investigation into whether a proposed merger, acquisition, or takeover could affect U.S. national security; and (3) provide for public comment with respect to such transactions.

To ensure the security of United States ports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the National Museum of African American History and Culture Plan for Action Presidential Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of not more than 23 members appointed as follows: (1) The President shall appoint seven voting members. (2) The Speaker of the House of Representatives and the Senate Majority Leader shall each appoint six voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives and the Senate Majority Leader shall each appoint two additional nonvoting members. (c) Qualifications.--Members of the Commission shall be chosen from the following professional groups: (1) Professional museum associations, including the Association of African American Museums and African American Museum Cultural Complex, Inc. (2) Academic institutions and groups committed to the research and study of African American life, art, history, and culture, including Historically Black Colleges and Universities and the Joint Center for Political and Economic Studies. SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- (1) In general.--The Commission shall submit a report to the President and the Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of the National Museum of African American History and Culture in Washington, D.C. (hereafter in this Act referred to as the ``Museum''). (2) National conference.--In developing the recommendations, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of African American life, art, history, and culture, not later than 3 months after the date of the enactment of this Act. (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the African American community. (c) Report on Issues.--The Commission shall examine and submit a report to the President and the Congress on the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional African American museums. (3) Possible locations for the Museum on or adjacent to the National Mall in Washington, D.C. (4) The cost of converting the Smithsonian Institution's Arts and Industries Building into a modern museum with requisite temperature and humidity controls. (5) Whether the Museum should be located within the Smithsonian Institution. (6) The governance and organizational structure from which the Museum should operate. (d) Legislation to Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a legislative plan of action to create and construct the Museum. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Secretary of the Interior.--The Secretary of the Interior shall provide the administrative services, facilities, and funds necessary for the performance of the Commission's functions. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports and plans required under section 3 not later than 9 months after the date of the enactment of this Act. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for activities of the Commission during fiscal year 2002. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 - Establishes the National Museum of African American History and Culture Plan for Action Presidential Commission to develop a plan of action for the establishment and maintenance of the National Museum of African American History and Culture in Washington, D.C.Requires the Commission to: (1) convene, within three months after enactment of this Act, a national conference on the Museum, composed of individuals committed to the advancement of African American life, art, history, and culture, to help develop its plan recommendations; (2) develop a fundraising plan for supporting creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the African American community; and (3) report the plan to the President and the Congress, with a legislative plan of action, and recommendations on specified issues relating, including the Museum's impact on regional African American museums, whether it should be part of the Smithsonian Institution (SI), possible locations on or adjacent to the National Mall, and costs of converting SI's Arts and Industries Building into a modern museum.Directs the Secretary of the Interior to provide administrative services, facilities, and funds for the Commission.Requires the Commission to submit final versions of the required reports and plans within nine months after enactment of this Act.

To establish the National Museum of African American History and Culture Plan for Action Presidential Commission to develop a plan of action for the establishment and maintenance of the National Museum of African American History and Culture in Washington, D.C., and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) while blends of up to 10 percent ethanol are currently required in the American motor fuels market as the result of renewable fuels mandates and incentives for ethanol production and use, significant environmental and energy research, development, and demonstration is needed on the effects of higher percentage ethanol blends before permitting widespread use in the United States; (2) government and industry testing suggests significant negative environmental, safety, durability, health, and performance effects for onroad and nonroad vehicles and infrastructure resulting from use of mid-level ethanol blends containing up to 15 percent ethanol; and (3) the decision by the Environmental Protection Agency to allow the use of mid-level ethanol blends in model year 2001 and newer motor vehicles-- (A) failed to consider the full spectrum of available government and industry scientific and technical research on such effects; and (B) relied on the results of a single study thereby violating the Environmental Protection Agency's scientific integrity principles. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Mid-level ethanol blend.--The term ``mid-level ethanol blend'' means an ethanol-gasoline blend containing 15 or 20 percent ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. SEC. 3. EVALUATION. (a) In General.--Prior to the implementation of any waiver, partial waiver, or decision pursuant to current law and not later than 45 days after enactment of this Act, the Administrator, acting through the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency, shall enter into an agreement with the National Academies to provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends. This assessment should compare mid-level ethanol blends to gasoline blends containing 10 and zero percent ethanol. (b) Contents.--The assessment performed under subsection (a) shall-- (1) evaluate the short-term and long-term environmental, safety, durability, and performance effects of the introduction of mid-level ethanol blends on onroad, nonroad and marine engines, onroad and nonroad vehicles, and related equipment. Such evaluation shall include a review of all available scientific evidence, including all relevant government and industry data and testing, including that relied upon by the Administrator and published at 75 Fed. Reg. 68094 (November 4, 2010) and 76 Fed. Reg. 4662 (January 26, 2011), gaps in understanding, and research needs related to-- (A) tailpipe emissions; (B) evaporative emissions; (C) engine and fuel system durability; (D) on-board diagnostics; (E) emissions inventory and other modeling effects; (F) materials compatibility; (G) operability and drivability; (H) fuel efficiency; (I) catalyst durability; and (J) durability of storage tanks, piping and dispensers for retail; and (2) identify research and development, including testing, necessary to permit existing motor fuels (distribution and supply) infrastructure to handle mid-level ethanol blends while preventing or mitigating against adverse impacts such as corrosion of metal, plastic, rubber, or any other materials used in pipes or storage tanks, ensuring fuel fungiblity, and protecting against intentional and unintentional misfueling by users at various points in the distribution and supply chain, including-- (A) bulk storage; (B) retail storage and distribution configurations; and (C) standardization of a label consistent with applicable technical standards and recommendations of the National Institute of Standards and Technology, the American National Standards Institute, and the International Organization for Standardization. (c) Report.--Not later than 18 months after the enactment of this Act, the National Academies shall submit to the Committee on Science, Space, and Technology a report on the results of such assessment, including necessary research and development. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. In order to carry out this Act, the Administrator shall utilize up to $900,000 from the funds made available for research and development under Public Law 96-569.

Requires the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency (EPA), prior to the implementation of any waiver, partial waiver, or decision pursuant to current law and no later than 45 days after this Act's enactment, to enter into an agreement with the National Academies to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends (defined as an ethanol-gasoline blend containing 15% or 20% ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine). Recommends that the assessment compare mid-level ethanol blends to gasoline blends containing 10% and 0% ethanol. Requires such assessment to: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify research and development necessary to permit existing motor fuels infrastructure to handle mid-level ethanol blends while preventing or mitigating against adverse impacts such as corrosion of materials used in pipes or storage tanks, ensuring fuel fungiblity, and protecting against misfueling by users at various points in the distribution and supply chain.

To provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the bicentennial of the Louisiana Purchase occurs in 2003, two hundred years after the United States, under the leadership of President Thomas Jefferson and after due consideration and approval by Congress, paid $15 million to France to acquire the vast area in the western half of the Mississippi River Basin; (2) the Louisiana Purchase was the largest peaceful land transaction in history and virtually doubled the size of the United States; (3) the Louisiana Purchase opened the heart of the North American continent for exploration, settlement, and achievement, as exemplified by the Lewis and Clark Expedition of 1803 to 1806, which secured through heroic efforts the first documentation of the inhabitants, riches, and grandeur of this new territory of the United States; (4) in the wake of the Louisiana Purchase and Lewis and Clark Expedition, immigrants from around the world came to the American frontier, which became emblematic of the search for political, economic, and spiritual freedom; and (5) commemoration of the Louisiana Purchase and the opening of the West can enhance public understanding of the impact of Westward expansion on American society and can provide lessons for democratic governance in our own time. SEC. 3. ESTABLISHMENT AND COMPOSITION OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission'' (hereinafter in this Act referred to as the ``Commission'') to plan, encourage, coordinate, and conduct the commemoration of the two hundredth anniversary of the Louisiana Purchase and its exploration by Lewis and Clark. (b) Composition.--The Commission shall be composed of 24 members, who shall be appointed not later than 90 days after the date of the enactment of this Act, as follows: (1) Eight members appointed by the President upon the recommendation of the majority leader of the Senate in consultation with the minority leader of the Senate. (2) Eight members appointed by the President upon recommendation of the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. (3) Eight members appointed by the President, which members shall be broadly representative of the people of the United States, and not otherwise officers or employees of the United States. (c) Qualifications.--The President and each of the individuals making recommendations to the President regarding appointments shall seek to achieve a balanced membership representing, to the extent practicable, the Nation as a whole. The Commission members shall be chosen from among individuals who have demonstrated scholarship, a strong sense of public service, expertise in the learned professions, and abilities likely to contribute to the fulfillment of the duties of the Commission. (d) Terms.--Members of the Commission shall be appointed for the life of the Commission. (e) International Participation.--The President is authorized and requested to invite the governments of Canada, France, Great Britain, Mexico, and Spain each to appoint, not later than 90 days after the date of the enactment of this Act, one individual to serve as a nonvoting participant in the activities of the Commission. (f) Chair and Vice-Chair.--The President shall designate one of the members to be Chairperson, who shall serve in that position at the pleasure of the President. The Commission shall elect a Vice- Chairperson from among its members. (g) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. (h) Vacancies.--A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (i) Compensation.--The members of the Commission shall serve without compensation, but each member shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of Commission duties. SEC. 4. DUTIES OF THE COMMISSION. (a) In general.--The Commission shall-- (1) plan and develop activities appropriate to commemorate the bicentennial of the Louisiana Purchase and the Lewis and Clark Expedition, including a limited number of projects to be undertaken by the Federal Government, seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education; (2) consult with and encourage Indian tribes, appropriate Federal departments and agencies, State and local governments, foreign governments, and private organizations to organize and participate in bicentennial activities commemorating or examining the history of the Louisiana Territory, the negotiation of the Louisiana Purchase, the Lewis and Clark Expedition, the specific characteristics of the frontier movement and the westward expansion of the United States with their influences on the culture of the world; and (3) coordinate, generally, activities throughout the United States and international activities related to the history and influence of the Louisiana Purchase and the Lewis and Clark Expedition. (b) Federal Agency Cooperation.--Federal departments and agencies are authorized and requested to cooperate with the Commission in planning, encouraging, coordinating, and conducting appropriate commemorative activities. SEC. 5. POWERS OF THE COMMISSION. (a) In general.--The Commission may provide for-- (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects which will contribute to public awareness of, and interest in, the bicentennial, except that any commemorative coins, medals, or postage stamps recommended to be issued by the United States shall be sold only by an agency of the United States; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the bicentennial; (3) a bicentennial calendar or register of programs and projects, and in other ways provide a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of bicentennial historical and commemorative significance; and (4) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the bicentennial of the Louisiana Purchase and Lewis and Clark Expedition, and shall prescribe rules and regulations regarding their use, which shall provide that the Commission may not sell, lease, or otherwise grant to any person the right to use any such logo, symbol, or mark in connection with the production or manufacture of any commercial goods, or as part of an advertisement promoting any commercial goods or services. (b) Donations.-- (1) In general.--The Commission may accept, use, solicit, and dispose of donations of money, property, or personal services. (2) Limitations.--The Commission may not accept donations-- (A) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (B) the value of which exceeds $250,000 annually, in the case of donations from a corporation, partnership, or other business organization. (3) Exception.--The limitations in paragraph (2) shall not apply in the case of an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from taxation under section 501(a) of such Code. (c) Preservation.--All books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials or property relating to the time period of the Louisiana Purchase and the Lewis and Clark Expedition, received by the Commission by donation may be deposited for preservation in National, State, or local libraries, museums, or other agencies. SEC. 6. ADMINISTRATIVE PROVISIONS AND POWERS. (a) In General.-- (1) Appointment of officers.--The Chairperson, with the advice of the whole Commission, shall appoint, to serve at the pleasure of the Chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service-- (A) a Director who may be compensated at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of such title; and (B) a Deputy Director who may be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule established under section 5316 of such title. (2) Delegation to director.--The Commission may delegate such powers and duties to the Director as may be necessary for the efficient operation and management of the Commission. (b) General Powers.--Subject to such rules and regulations as may be adopted by the Commission, the Commission may-- (1) appoint and fix the compensation of such additional personnel, not to exceed 20 staff members, as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS-15 of the General Schedule under section 5332 of such title; (2) appoint such advisory committees as it deems necessary; and (3) procure supplies, services, and property, make contracts, expend funds appropriated, donated, or received to carry out such contracts. (c) Staff Detailed From Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. (d) Staff Paid From Donated Funds.--The Commission may appoint and fix the pay of additional personnel to be paid out of private donations. (e) Principal Office.--The principal office of the Commission shall be in St. Louis, Missouri. SEC. 7. REPORTING AND TERMINATION. (a) Annual Reports.--The Commission shall report to the President and Congress annually on its activities, its expenditures, and all donations. (b) Comprehensive Report.--Not later than three years after the date of the enactment of this Act, the Commission shall submit to the President and to Congress a comprehensive report incorporating its specific recommendations for the commemoration of the bicentennial of the Louisiana Purchase and Lewis and Clark Expedition and related events. The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations recommended for participation by the Commission. This report may recommend activities such as-- (1) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the Louisiana Purchase on the United States and the world; (2) bibliographical and documentary projects, publications, and electronic resources; (3) conferences, convocations, lectures, seminars, and other programs; (4) the development of programs by and for libraries, museums, parks, and historic sites, including national and international traveling exhibitions; (5) ceremonies and celebrations commemorating specific events; (6) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the Louisiana Purchase and the westward movement opening the frontier for present and future generations; and (7) the issuance of commemorative coins, medals, certificates of recognition, and postage stamps. (c) Final Report and Termination.--The Commission shall make a final report to the President and Congress, and shall terminate, by March 1, 2007. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out the purposes of this Act $1,000,000 for fiscal year 2000 and such sums as may be necessary for the subsequent fiscal years through fiscal year 2007. (b) Availability of Funds.--Amounts appropriated under this section for any fiscal year shall remain available until March 1, 2007. (c) Limitation.--The total appropriations authorized under this Act shall not exceed $8,000,000.

Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission Act - Establishes the Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission to plan, encourage, coordinate, and conduct the commemoration of the 200th anniversary of the Louisiana Purchase and its exploration by Lewis and Clark. Authorizes appropriations.

Louisiana Purchase and Lewis and Clark Expedition Bicentennial Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Retirement Security Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Improving economic and financial literacy is a critical and complex task for Americans of all ages. (2) Low levels of savings and high levels of personal and real estate debt are serious problems for many households nearing retirement. (3) Historically, Americans are living longer than ever before. However, most Americans are retiring before the age of 65. (4) Research suggests that many Americans are not prepared to plan for their retirement and may have to work far longer than they expect in order to be financially secure in retirement. (5) In 2005, only 42 percent of workers or their spouses calculated the amount they needed to save for retirement, down from 53 percent in 2000. (6) Only 53 percent of working Americans have any form of pension coverage. Three out of 4 women aged 65 or older receive no income from employer-provided pensions. (7) The limited timeframe that midlife and older individuals and families have to assess the realities of their individual circumstances, to recover from counterproductive choices and decisionmaking processes, and to benefit from more informed financial practices, has immediate impact and near- term consequences for Americans nearing or of retirement age. (8) Research indicates that there are now 4 basic sources of retirement income security. Those sources are social security benefits, pensions and savings, healthcare insurance coverage, and, for an increasing number of older individuals, necessary earnings from working during one's retirement years. (9) Over the next 30 years, the number of older individuals in the United States is expected to double, from 35,000,000 to nearly 75,000,000, and long-term care costs are expected to skyrocket. (10) Financial exploitation is the largest single category of abuse against older individuals and this population comprises more than \1/2\ of all telemarketing victims in the United States. (11) The Federal Trade Commission (FTC) Identity Theft Data Clearinghouse has reported that incidents of identity theft targeting individuals older than the age of 60 increased from 1,821 victims in 2000 to 21,084 victims in 2004, an increase of more than 11 times in number. SEC. 3. DEFINITIONS. In this Act: (1) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as the term ``Native Corporation'' under section 3 of the Alaska Native Claim Settlement Act (43 U.S.C. 1602). (2) Economic and financial education.--The term ``economic and financial education'' means education that-- (A) promotes an understanding of consumer, economic, and personal finance concepts, including-- (i) basic economic concepts such as supply and demand and opportunity cost; and (ii) basic financial literacy concepts such as the importance of budgeting and money management, saving, retirement planning, and maintaining good credit; (B) includes information regarding predatory lending and financial abuse schemes; and (C) is based on recognized economic and financial education standards. (3) Eligible area entity.--The term ``eligible area entity'' means an entity that is-- (A) a State agency, area agency on aging, Indian tribal organization, Alaska Native Corporation, or Native Hawaiian organization; (B) a nonprofit organization with a proven record of providing-- (i) services to midlife and older individuals; (ii) consumer awareness programs; or (iii) supportive services to low-income families; or (C) a partnership comprised of 2 or more entities described in subparagraph (A) or (B). (4) Eligible entity.--The term ``eligible entity'' means a national organization with substantial experience in the field of economic and financial education. (5) Midlife.--The term ``midlife'', when used with respect to an individual, means an individual aged 45 to 64 years. (6) Native hawaiian organization.--The term ``Native Hawaiian organization'' means any organization that-- (A) serves and represents the interests of Native Hawaiians; and (B) has as a primary and stated purpose the provision of services to Native Hawaiians. (7) Older.--The term ``older'', when used with respect to an individual, means an individual aged 65 or older. (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. PURPOSE AND GOALS. (a) Purpose.--The purpose of this Act is to promote economic and financial literacy among midlife and older individuals, and to reduce financial abuse and fraud among such individuals, through providing assistance to organizations for economic and financial education programs. (b) Goals.--The goals of this Act are-- (1) to increase the knowledge of economic and financial literacy among midlife and older individuals to enable the individuals to make informed financial decisions; and (2) to reduce the amount of financial abuse and fraud among midlife and older individuals. SEC. 5. GRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG MIDLIFE AND OLDER AMERICANS. (a) Program Authorized.--From amounts appropriated under section 8, the Secretary is authorized to award a grant to a national entity to enable the national entity to carry out the subgrant program for economic and financial education under section 6. (b) Application.--A national entity desiring a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including a plan for continuing to carry out the program under this section after the grant expires. (c) Limitation on Administrative Costs.--A national entity receiving a grant under this section may not use more than 5 percent of the total amount of the grant for each fiscal year for the administrative costs of carrying out the program under this section. (d) Evaluation.--The Secretary shall evaluate the programs that receive grant funds under this section in order to judge the performance of such programs. (e) Report.--For each fiscal year for which grants are awarded under this section, the Secretary shall prepare and submit to Congress a report on the program under this section, which report shall include information from the evaluation under subsection (d) and the evaluations under section 6(e). SEC. 6. SUBGRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG MIDLIFE AND OLDER AMERICANS. (a) Subgrants Authorized.--A national entity that receives a grant under section 5 shall use grant funds to award subgrants to eligible area entities to enable the eligible area entities to deliver economic and financial education programs to midlife and older individuals who reside in local communities, in order to-- (1) enhance financial and retirement knowledge among such individuals; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, and identity theft among such individuals. (b) Application.--An eligible area entity desiring a subgrant under this section shall submit an application to the national entity awarding the subgrants at such time, in such form, and containing such information as the national entity may require, including a plan for continuing the programs assisted with subgrant funds under this section after the subgrant expires. (c) Award Basis.--In awarding subgrants under this section, a national entity shall-- (1) give special consideration to eligible area entities that are partnerships described in section 3(3)(C); and (2) give priority to programs previously funded by a subgrant under this section that the Secretary judges effective under the evaluation described in subsection (e)(2)(A). (d) Limitation on Administrative Costs.--An eligible area entity receiving a subgrant under this section may not use more than 5 percent of the total amount of the subgrant in each fiscal year for the administrative costs of carrying out the program under this section. (e) Evaluation and Report.-- (1) Establishment of performance measures.--A national entity awarding subgrants under this section shall develop measures to evaluate the programs that receive subgrant funds. (2) Evaluation according to performance measures.--Applying the performance measures developed under paragraph (1), a national entity awarding subgrants under this section shall evaluate the programs that receive subgrant funds in order to-- (A) judge the performance and effectiveness of such programs; (B) identify which programs represent the best practices of entities developing such programs for midlife and older individuals; (C) identify which programs may be replicated; and (D) assess any behavioral change, as well as asset accumulation, made by program participants. (3) Submission to congress.--For each fiscal year for which a national entity awards subgrants under this section, the national entity shall submit to the Secretary a report containing-- (A) a description of the status of the subgrant program under this section; (B) a description of the programs provided with subgrant funds under this section; and (C) the results of the evaluation of such programs under paragraph (2). SEC. 7. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM. (a) Authority.--The Secretary is authorized to award a grant to 1 or more eligible entities to-- (1) create and make available instructional materials and information that promote economic and financial education; and (2) provide training and other related assistance regarding the establishment of economic and financial education programs to eligible area entities awarded a subgrant under section 6. (b) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (c) Basis and Term.--The Secretary shall award a grant under this section on a competitive, merit basis for a term of 3 years. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act, $100,000,000 for each of the fiscal years 2007 through 2010. (b) Limitation on Funds for Evaluation and Report.--The Secretary may not use more than $500,000 of the amounts appropriated under subsection (a) for each fiscal year to carry out section 6(e). (c) Limitation on Funds for Training and Technical Assistance.--The Secretary may not use less than 5 percent or more than 10 percent of the amounts appropriated under subsection (a) for each fiscal year to carry out section 7.

Education for Retirement Security Act of 2006 - Authorizes the Secretary of Health and Human Services to award a grant to a national entity to carry out a subgrant program for economic and financial education. Requires a grant recipient to award subgrants to enable eligible area entities to deliver economic and financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud and identity theft. Authorizes the Secretary to award grants to eligible entities to: (1) create and make available materials and information that promote economic and financial education; and (2) provide training and assistance regarding the establishment of economic and financial education programs to eligible area entities awarded a subgrant.

A bill to establish a grant program to enhance the economic and financial literacy of midlife and older Americans so as to enhance their retirement security and to reduce financial abuse and fraud among such Americans, and for other purposes.

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, one woman dies from pregnancy-related complications. Ninety-five 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. The consequences are life-shattering. The baby usually dies, and the woman is left with chronic incontinence. (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. 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. (6) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. The smell often drives husbands and loving family members away. In many communities, women with fistula are considered ``unclean'' and stigmatized. (7) Fistula is a relatively hidden problem, largely because it affects the most marginalized members of society: young, poor, illiterate women in remote areas. Many of these women never seek treatment. Because they often suffer alone, their injuries may be ignored or misunderstood. (8) Adolescents are at greater risk of complications during childbirth that can lead to fistula because they have less access to health care and are subject to other significant risk factors. Young girls suddenly find themselves marginalized, alone, and are often blamed for their condition. (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. These figures are based on the number of women who seek medical care. Many more suffer in silence, unaware that treatment is available. (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, access to emergency obstetric care in the event of complications, delaying early marriage and childbirth, and gaining access to education and 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 can be as high as 90 percent and cost an average of $300. (13) In 2003, the United Nations Population Fund (UNFPA) launched the first-ever global Campaign to End Fistula. This campaign includes interventions to prevent fistula from occurring, treat women who are affected and support women after surgery. (14) The Campaign to End Fistula currently supports projects in more than 30 countries in sub-Saharan Africa, South Asia, and the Middle East. In each country the Campaign identifies the extent of the problem and the resources available to treat fistula, develops a national strategy and builds partnerships to address the problem, and implements activities to prevent and treat fistula, including efforts to reintegrate women into their communities once they are healed. (15) 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 2006 allocates $25,000,000 for UNFPA. (16) UNFPA is working in more than 79 countries to reduce maternal death and disability, such as obstetric fistula, and to save women's lives. (17) 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 UNFPA and for securing funding for the organization. (18) 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 UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of internally displaced persons within Afghanistan. (19) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to 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. (20) In May 2002, the President sent a three-person delegation to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (21) This independent delegation concluded that such allegations were untrue. (22) 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.''. (23) 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 2006 and each subsequent fiscal year to be available only for United States voluntary contributions to the United Nations Population Fund (UNFPA) only for prevention 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 and repair of obstetric fistula.

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

SECTION 1. STUDY AND REPORT OF PROPOSED WILLAMETTE FALLS NATIONAL HERITAGE AREA. (a) Short Title.--This section may be cited as the ``Willamette Falls National Heritage Area''. (b) Study.--The Secretary of the Interior (hereafter referred to as the ``Secretary''), in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study of the suitability and feasibility of designating the study area at the Willamette Falls National Heritage Area in the State of Oregon. (c) Criteria.--In conducting the study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating the study area as a National Heritage Area: (1) The area-- (A) has an assemblage of natural, historic, cultural, education, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed as such an assemblage through partnerships among public and private entities at the local regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational or education opportunities; and (G) has resources and traditional uses that have national importance. (2) Residents, business interests, nonprofit or organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Area designation and management. (3) The local coordinating entity responsible for preparing and implementing the management plan is identified. (4) The proposed local coordinating entity and units of government supporting the designation have documented their commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area. (5) The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area. (6) The proposal is consistent with continued economic activity within the area. (7) A conceptual boundary map has been developed and is supported by the public and participating Federal agencies. (d) Consultation.--In conducting the study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation. (e) Boundaries of the Study Area.--The study areas shall consist of the following: (1) The area between the Tualatin River and the Clackamas River. (2) The cities of West Linn and Oregon City, Oregon, and the surrounding areas. (3) The McLoughlin House in Oregon City, Oregon. (f) Report.--The Secretary shall-- (1) review, comment on, and determine if the study area meets the criteria specified in this section for designation as a National Heritage Area; (2) consult with the Governor of Oregon; and (3) not later than 3 fiscal years after the date on which funds are first made available for this section, 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 on the findings, conclusions, and recommendations of the study, including-- (A) any comments received from the Governor of Oregon; and (B) a finding as to whether the proposed National Heritage Area meets the criteria for designation. (g) Disapproval.--If the Secretary determines that the proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (f)(3) a description of the reasons for the determination.

Willamette Falls National Heritage Area - Directs the Secretary of the Interior to study the feasibility and suitability of designating a specified study area in Oregon as the Willamette Falls National Heritage Area.

To direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Willamette Falls National Heritage Area in Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War I Memorial and Centennial Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower. (2) 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. (3) The United States suffered 375,000 casualties during World War I. (4) The events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways. (5) The centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors. (6) Commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved. (7) Kansas City is home to the Liberty Memorial and America's National World War I Museum (as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375)). (8) America's National World War I Museum seeks-- (A) to preserve the history of World War I; and (B) to educate and enlighten people about this significant event, the consequences of which are still with us. (9) Kansas City is home to the national headquarters for the Veterans of Foreign Wars. (10) Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I. (11) The Kansas City area is the home of the Harry S. Truman Presidential Library and Museum. (12) The Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. (13) There is no nationally recognized memorial honoring the service of Americans who served in World War I. (14) In 1919, the people of Kansas City, Missouri, expressed an outpouring of support and raised more than $2,000,000 in two weeks for a memorial to the service of Americans in World War I. That fundraising was an accomplishment unparalleled by any other city in the United States irrespective of population and reflected the passion of public opinion about World War I, which had so recently ended. (15) Following the drive, a national architectural competition was held by the American Institute of Architects for designs for a memorial to the service of Americans in World War I, and the competition yielded a design by architect H. Van Buren Magonigle. (16) On November 1, 1921, more than 100,000 people witnessed the dedication of the site for the Liberty Memorial in Kansas City, Missouri. That dedication marked the only time in history that the five allied military leaders; Lieutenant General Baron Jacques of Belgium, General Armando Diaz of Italy, Marshal Ferdinand Foch of France, General John J. Pershing of the United States, and Admiral Lord Earl Beatty of Great Britain, were together at one place. (17) General Pershing noted at the November 1, 1921, dedication that ``[t]he people of Kansas City, Missouri, are deeply proud of the beautiful memorial, erected in tribute to the patriotism, the gallant achievements, and the heroic sacrifices of their sons and daughters who served in our country's armed forces during the World War. It symbolized their grateful appreciation of duty well done, an appreciation which I share, because I know so well how richly it is merited''. (18) During an Armistice Day ceremony in 1924, President Calvin Coolidge marked the beginning of a three-year construction project for the Liberty Memorial by the laying of the cornerstone of the memorial. (19) The 217-foot Liberty Memorial Tower has an inscription that reads ``In Honor of Those Who Served in the World War in Defense of Liberty and Our Country'' as well as four stone ``Guardian Spirits'' representing courage, honor, patriotism, and sacrifice, which rise above the observation deck, making the Liberty Memorial a noble tribute to all who served in World War I. (20) During a rededication for the Liberty Memorial in 1961, World War I veterans and former Presidents Harry S. Truman and Dwight D. Eisenhower recognized the memorial as a constant reminder of the sacrifices during World War I and the progress that followed. (21) The 106th Congress recognized the Liberty Memorial as a national symbol of World War I. (22) The National World War I Museum is the only public museum in the United States specifically dedicated to the history of World War I. (23) The National World War I Museum is known throughout the world as a major center of World War I remembrance. SEC. 3. DESIGNATION OF THE LIBERTY MEMORIAL AT THE NATIONAL WORLD WAR I MUSEUM IN KANSAS CITY, MISSOURI, AS THE NATIONAL WORLD WAR I MEMORIAL. The Liberty Memorial at the National World War I Museum in Kansas City, Missouri, is hereby designated as the ``National World War I Memorial''. No Federal funds may be used for the annual operation or maintenance of such Memorial. SEC. 4. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. (a) Establishment.--There is established a commission to be known as the World War I Centennial Commission (in this Act referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission is to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. (c) Duties.--The Commission shall have the following duties: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States related to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (d) Membership.-- (1) Number and appointment.--The Commission shall be composed of 24 members as follows: (A) Four members appointed by the Speaker of the House of Representatives. (B) Three members appointed by the minority leader of the House of Representatives. (C) Four members appointed by the Senate majority leader. (D) Three members appointed by the Senate minority leader. (E) Seven members who are broadly representative of the people of the United States (including members of the armed services and veterans), appointed by the President. (F) The executive director of the Veterans of Foreign Wars of the United States (or the director's delegate). (G) The executive director of the American Legion (or the director's delegate). (H) The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum (or the president's delegate). (2) Ex officio members.--The Archivist of the United States and the Secretary of the Smithsonian Institution shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission. (3) Continuation of membership.--If a member of the Commission under subparagraph (F), (G), or (H) of paragraph (1) ceases to hold a position named in such subparagraph, that member must resign from the Commission as of the date that the member ceases to hold that position. (4) Terms.--Each member shall be appointed for the life of the Commission. (5) Deadline for appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (6) Vacancies.--A vacancy on the Commission shall-- (A) not affect the powers of the Commission; and (B) be filled in the manner in which the original appointment was made. (7) Pay.--Members shall not receive compensation for the performance of their duties on behalf of the Commission. (8) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (9) Quorum.--A majority of members of the Commission plus one shall constitute a quorum, but a lesser number may hold hearings. (10) Chairperson; vice chairperson.--The Commission shall elect the Chairperson and Vice Chairperson of the Commission by a majority vote of the members of the Commission. (11) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 120-day period beginning on the effective date of this Act. (B) Location.--The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. (e) Director and Additional Personnel of the Commission; Experts and Consultants.-- (1) Director and staff.-- (A) Appointment.--The Chairperson of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) Pay.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other staff may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (C) Work location.--If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) Powers of the Commission.-- (1) Hearings and sessions.--For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Gifts, bequests, and devises.-- (A) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (B) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (7) Contract authority.--The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements; except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. (g) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the effective date of this Act, and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Annual reports.--The Commission shall submit to the President and Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (3) Recommendations.--Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. (h) Federal Advisory Committee Act Waiver.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Commission. (i) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Commission to carry out this Act $500,000 for each of fiscal years 2010 through 2019. (2) Availability.--Amounts made available under this subsection shall remain available until the termination of the Commission as described in subsection (k). (j) Annual Audit.--For any fiscal year for which the Commission receives an appropriation of funds, the Inspector General of the Department of the Interior shall perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (k) Termination.--The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out, or July 28, 2019. (l) Effective Date.--This section shall take effect on January 1, 2010. Passed the House of Representatives November 5, 2009. Attest: LORRAINE C. MILLER, Clerk.

World War I Memorial and Centennial Act of 2009 - Designates the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial. Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans. Sets forth provisions concerning the composition of the membership, and the powers, of the Commission. Requires : (1) periodic reports on Commission activities and plans; (2) annual reports on the revenue and expenditures of the Commission, including a list of gifts, bequests, or devises to the Commission with a value of over $250, together with the identities of the donors; (3) a report containing recommendations for commemorating the centennial and coordinating related activities; and (4) annual audits for any fiscal years for which the Commission receives an appropriation of funds. Authorizes appropriations. Terminates the Commission on the earlier of 30 days after activities honoring the centennial observation of World War I are carried out or July 28, 2019.

To designate the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial, to establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Housing Enhancement Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) there exist-- (A) a unique relationship between the Government of the United States and the governments of Indian tribes; and (B) a unique Federal trust responsibility to Indian people; (2) Native Americans experience some of the worst housing conditions in the country, with-- (A) 32.6 percent of Native homes being overcrowded; (B) 33 percent lacking adequate solid waste management systems; (C) 8 percent lacking a safe indoor water supply; and (D) approximately 90,000 Native families who are homeless or underhoused; (3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; (4) the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services; (5)(A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), members of Indian tribes are given preference for housing programs; (B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds; (C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; and (D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 (42 U.S.C. 1471 et seq.) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) to tribes who comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303), or who are acting under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)); and (6) section 457 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12899f) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants. SEC. 3. TREATMENT OF PROGRAM INCOME. Section 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by inserting ``restrict access to or'' after ``not''. SEC. 4. CIVIL RIGHTS COMPLIANCE. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following: ``SEC. 544. INDIAN TRIBES. ``(a) In General.--Federally recognized Indian Tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303) when receiving assistance under this title. ``(b) Exemption.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to-- ``(1) tribes covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303); or ``(2) tribes acting under section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)).''. SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR YOUTHBUILD GRANTS. Section 457(2) of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12899f(2)) is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) by redesignating subparagraph (G) as sub-paragraph (H); and (3) by inserting after subparagraph (F) the following: ``(G) an Indian tribe, tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103)), or other agency primarily serving Indians; and''. SEC. 6. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES. Section 601 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4191) is amended by adding at the end the following new subsection: ``(d) Limitation on Percentage.--A guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed.''.

Native American Housing Enhancement Act of 2004 - Amends title V (Farm Housing) of the Housing Act of 1949 to state that federally recognized Indian tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968) when receiving assistance under title V. States that title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by the Indian Civil Rights Act (title II of the Civil Rights Act of 1968); or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996. Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants. Amends the Native American Housing Assistance and Self-Determination Act of 1996 to require Federal guarantees for tribal housing activities to guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations.

To amend the Native American Housing Assistance and Self- Determination Act of 1996 and other Acts to improve housing programs for Indians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Insurance Standards Transparency and Policyholder Protection Act of 2015''. SEC. 2. CONSULTATION CONCERNING NEGOTIATIONS WITH RESPECT TO INTERNATIONAL INSURANCE REGULATORY FRAMEWORKS. (a) Findings.--Congress finds the following: (1) The State-based system for insurance regulation in the United States has served American consumers well for more than 150 years. (2) Protecting policyholders by guaranteeing an insurer's ability to pay claims has been the hallmark of the successful U.S. system and should be the paramount objective of domestic prudential regulation and emerging international standards. (3) The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) reaffirmed the State-based insurance regulatory system, while giving the Board of Governors of the Federal Reserve System authority to regulate certain non-bank entities on a consolidated basis, including insurers that have been designated systemically important financial institutions or that include an insured depository institution and are regulated by the States at the insurance entity level. (4) United States regulators participating in discussions or negotiations regarding international insurance regulatory frameworks should support standards designed solely for the protection of policyholders. (5) The Federal Insurance Office should seek advice and recommendations from a diverse group of outside experts in performing the duties and authorities of the Office to ensure policy holders are protected. (b) Negotiating Objectives for International Insurance Regulatory Frameworks.--The negotiating objectives of the United States regarding international insurance regulatory frameworks are as follows: (1) To seek standards, requirements, and rules focused solely on protection of policy holders, as reflected in the United States solvency regime. (2) To promote a principles-based approach to insurance supervision, in which capital adequacy is assessed using risk- based capital requirements combined with qualitative risk assessment and management tools on a legal entity basis, rather than a quantitative global capital standard for insurance groups. (3) To seek the most efficient and least disruptive approaches to enhancing regulatory assessment of the capital adequacy of insurance groups, including tools that are already in place, such as supervisory colleges, as well as the evaluation of the capitalization of an insurance group using the existing internal model of the group, where appropriate, which captures the risks associated with each unique line of business and geographic mix of the group. (4) To negotiate an international insurance regulatory framework that recognizes United States prudential measures as equivalent to foreign measures. (c) Prohibitions and Focus on Policy Holder Protection.--With respect to negotiations related to any international insurance regulatory framework: (1) Inappropriate bank capital standards.--United States representatives shall not agree to, accept, or establish, and shall use their voice and vote to oppose, any international standard that applies to-- (A) insurers, capital standards, and rules designed for banks; or (B) any insurer that has not been designated a systemically important financial institution under United States law or a global systemically important insurer by the Financial Stability Oversight Council, capital standards and rules designed for systemically important bank or non-bank financial institutions. (2) Focus on policyholder protection.-- (A) In general.--United States representatives shall not agree to, accept, or establish, and shall use their voice and vote to oppose, any capital standard or rule applicable to United States insurance entities or groups unless that standard is designed solely to help ensure that sufficient funds are available to pay claims to an insurer's policyholders in the event of the liquidation of that entity. (B) Enhanced capital standards.--The limitation under subparagraph (A) does not apply to enhanced capital standards applicable to insurance entities or groups designated under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323). (d) Notice and Consultation.-- (1) In general.--With respect to any international insurance regulatory framework, the President shall-- (A) not less than 90 days before the United States intends to participate in or enter into negotiations with respect to such a regulatory framework, provide to the covered congressional committees written notice of the intention of the United States to participate in or enter into such negotiations and an outline of the objectives of such negotiations, including whether and how such objectives achieve the objectives set forth in subsection (b) and are consistent with the prohibitions under subsection (c) and with existing Federal and State laws or regulations or policy related to prudential regulation of insurance; (B) during the negotiations of such a regulatory framework, including prior to significant decisions points in the negotiations and prior to development of interim drafts, and before agreeing to, accepting, or establishing such framework, consult with the covered congressional committees and the Federal Advisory Committee on Insurance established under section 313(f) of title 31, United States Code, including with respect to whether and how such negotiations or any international insurance regulatory framework achieves the objectives set forth in subsection (b) and is consistent with the prohibitions under subsection (c) and with existing Federal and State laws or regulations or policy related to prudential regulation of insurance; (C) in the course of negotiating such a regulatory framework, provide members and appropriate staff of the covered congressional committees access to pertinent documents relating to the negotiations of such framework; (D) not less than 60 days before the date on which the United States intends to agree to, accept, or establish such a framework, the President shall-- (i) notify the covered congressional committees of the intention of the United States to agree to, accept, or establish such a framework by providing a description in enough detail for the covered congressional committees to comment; (ii) notify the Federal Advisory Committee on Insurance of the intention of the United States to agree to, accept, or establish such framework by providing a description in enough detail for the members to comment; and (iii) publish notice of such intention by providing a description in enough detail in the Federal Register to meet the requirements for public consultation under subsection (h); and (E) not less than 15 days before the United States agrees to, accepts, or establishes such a regulatory framework, the President shall submit to the covered congressional committees and the Federal Advisory Committee on Insurance the final text of such framework and a description of how the proposed framework achieves the objectives set forth in subsection (b) and is consistent with the prohibitions under subsection (c), and how such proposed framework differs from existing Federal and State laws or regulations or policy related to prudential regulation of insurance. (2) Availability of information to members of congress.-- The covered congressional committees shall make available to all Members of Congress the information required to be provided under paragraph (1)(A). (e) Coordination With the National Association of Insurance Commissioners.--In developing objectives pursuant to subsection (d)(1)(A) for an international insurance regulatory framework, and throughout the negotiations of such framework, the President shall closely consult and coordinate with the National Association of Insurance Commissioners. (f) Government Accountability Office Assessments.-- (1) Notice and submission.--Not later than 60 days before the date on which the United States intends to agree to, accept, or establish an international insurance regulatory framework, the President shall provide to the Comptroller General of the United States a description of such framework in enough detail to allow the Comptroller General to conduct the assessment required under paragraph (2). (2) Assessment.--Not later than 60 days after the date on which President provides the information described in paragraph (1) with respect to an international insurance agreement, the Comptroller General shall submit to the President and the covered congressional committees an assessment of the economic effects of such agreement on the United States insurance industry, consumers of insurance, and the United States economy. (g) Negotiations in Progress on Date of Enactment.-- (1) Notice.--Not later than 15 days after the date of the enactment of this Act, the President shall provide to the covered congressional committees and the Federal Advisory Committee on Insurance the written notice described in subsection (d)(1) with respect to negotiations relating to an international insurance regulatory framework that were in progress on such date. (2) Government accountability assessment.-- (A) Notice and submission.--Not later than 60 days after the date of the enactment of this Act, the President shall provide to the Comptroller General of the United States a description of each international insurance regulatory framework for which negotiations were in progress on such date in enough detail to allow the Comptroller General to conduct the assessment required under subparagraph (B). (B) Assessment.--Not later than 60 days after the date on which the President provides the information described in subparagraph (A) with respect to an international insurance regulatory framework, the Comptroller General shall submit to the President and the covered congressional committees an assessment of the economic effects of such framework on the United States insurance industry, consumers of insurance, and the United States economy. (h) Public Consultation.-- (1) Notice of negotiations.--Not later than 90 days before the United States intends to participate in or enter into negotiations to agree to, accept, or establish an international insurance regulatory framework with an international standard- setting organization or a foreign government, authority, or regulatory entity, the President shall publish in the Federal Register and make available for public comment written notice of the intention of the United States to participate in or enter into such negotiations and an outline of the objectives of such negotiations, including whether and how such objectives achieve the objectives set forth in subsection (b) and are consistent with the prohibitions under subsection (c) and with existing Federal and State laws or regulations or policy related to prudential regulation of insurance. (2) Description of framework.--Not later than 60 days before the date on which the United States agrees to, accepts, or establishes an international insurance regulatory framework with an international standard-setting organization or a foreign government, authority, or regulatory entity, the President shall publish in the Federal Register a description of the framework in enough detail to make such framework available for public comment. (3) Framework agreement.--Not later than 15 days before agreeing to, accepting, or establishing an international insurance regulatory framework, publish in the Federal Register the final text of the framework and a description of how the framework achieves the objectives set forth in subsection (b) and is consistent with the prohibitions under subsection and how such proposed framework differs from existing Federal and State laws or regulations or policy related to prudential regulation of insurance. (i) Savings Provisions.--Nothing in this section shall-- (1) preempt-- (A) any State insurance measure that governs any insurer's rates, premiums, underwriting, or sales practices; (B) any State coverage requirements for insurance; (C) the application of the antitrust laws of any State to the business of insurance; or (D) any State insurance measure governing the capital or solvency of an insurer, except to the extent that such State insurance measure results in less favorable treatment of a non-United States insurer than a United States insurer; (2) be construed to alter, amend, or limit any provision of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.); or (3) affect the preemption of any State insurance measure otherwise inconsistent with and preempted by Federal law. (j) Exclusion.--The requirements of this section shall not apply to any covered agreement, as such term is defined in section 313(r) of title 31, United States Code (as added by the amendment made by section 502(a)(3) the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203, 124 Stat. 1587)). (k) Definitions.--In this section: (1) Covered congressional committees.--The term ``covered congressional committees'' means the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate. (2) International insurance regulatory framework.--The term ``international insurance regulatory framework'' means any international supervisory standards developed by an international standards setting organization in which the United States participates, including the Common Framework for the Supervision of Internationally Active Insurance Groups, that provides for group-wide supervision of internationally active insurance groups and includes an insurance capital standard.

International Insurance Standards Transparency and Policyholder Protection Act of 2015 This bill prescribes negotiating objectives for international insurance regulatory frameworks, including: (1) standards, requirements, and rules focused solely upon protection of policy holders, as reflected in the U.S. solvency regime; and (2) a negotiated international insurance regulatory framework that recognizes U.S. prudential measures as equivalent to foreign measures. U.S. representatives are prohibited from agreeing to, accepting or establishing , any international standard applicable to: insurers, capital standards, and rules designed for banks; any insurer that has not been designated a systemically important financial institution under U.S. law or a global systemically important insurer by the Financial Stability Oversight Council, capital standards and rules designed for systemically important bank or non-bank financial institutions, and any capital standard or rule governing U.S. insurance entities (except entities designated under the Dodd-Frank Wall Street Reform and Consumer Protection Act) unless it is designed solely to help ensure that sufficient funds are available to pay claims to an insurer's policyholders in the event of the entity's liquidation. The President must fulfill specified congressional consultation and public notice requirements with respect to any international insurance regulatory framework.

International Insurance Standards Transparency and Policyholder Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief and Reform Act of 2006''. SEC. 2. ESTATE TAX RELIEF AND REFORM AFTER 2009. (a) Exclusion Equivalent of Unified Credit Equal to $5,000,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is $5,000,000, reduced (but not below zero) by an amount equal to 5 percent of so much of the amount with respect to which the tentative tax is to be computed as exceeds $100,000,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the $5,000,000 amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (b) Flat Estate and Gift Tax Rates.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: ``(c) Tentative Tax.--The tentative tax is 35 percent of the amount with respect to which the tentative tax is to be computed.''. (c) Increase in Aggregate Reduction in Fair Market Value Allowed Under Special Use Valuation.--Section 2032A(a) of the Internal Revenue Code of 1986 (relating to value based on use under which property qualifies) is amended-- (1) by striking ``$750,000'' each place it appears and inserting ``$5,000,000'', (2) by striking ``after 1998'' in paragraph (3) and inserting ``after 2010'', and (3) by striking ``1997'' in paragraph (3)(B) and inserting ``2009''. (d) Tax Deduction for Family-Owned Business Interests.-- (1) In general.--Section 2057(a) of the Internal Revenue Code of 1986 (relating to deduction for family-owned business interests) is amended-- (A) by striking ``$675,000'' in paragraph (2) and inserting ``$2,500,000'', and (B) by striking paragraph (3). (2) Permanent deduction.--Section 2057 of such Code is amended by striking subsection (j). (e) Modifications of Estate and Gift Taxes to Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable to Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (g) Additional Modifications to Estate Tax.-- (1) In general.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A) Subtitles A and E of title V. (B) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (2) Sunset not to apply to title v of egtrra.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (3) Repeal of deadwood.-- (A) Sections 2011 and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604.

Estate Tax Relief and Reform Act of 2006 - Amends the Internal Revenue Code to: (1) increase the estate tax exclusion to $5 million in 2010; (2) adjust such exclusion amount for inflation; (3) impose a flat 35% estate tax rate; (4) increase to $5 million the reduction in fair market value for certain inherited farm and business property; and (5) increase to $2.5 million the maximum estate tax deduction for family-owned business interests and make such deduction permanent. Provides that the general termination date of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) shall not apply to its estate, gift, and generation-skipping transfer tax provisions that are not amended by this Act.

A bill to amend the Internal Revenue Code of 1986 to provide estate tax relief and reform, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudan Peace Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Government of Sudan has intensified its prosecution of the war against areas outside of its control, which has already cost more than 2,000,000 lives and has displaced more than 4,000,000. (2) A viable, comprehensive, and internationally sponsored peace process, protected from manipulation, presents the best chance for a permanent resolution of the war, protection of human rights, and a self-sustaining Sudan. (3) Continued strengthening and reform of humanitarian relief operations in Sudan is an essential element in the effort to bring an end to the war. (4) Continued leadership by the United States is critical. (5) Regardless of the future political status of the areas of Sudan outside of the control of the Government of Sudan, the absence of credible civil authority and institutions is a major impediment to achieving self-sustenance by the Sudanese people and to meaningful progress toward a viable peace process. (6) Through manipulation of traditional rivalries among peoples in areas outside their full control, the Government of Sudan has effectively used divide and conquer techniques to subjugate their population, and internationally sponsored reconciliation efforts have played a critical role in reducing the tactic's effectiveness and human suffering. (7) The Government of Sudan is utilizing and organizing militias, Popular Defense Forces, and other irregular units for raiding and slaving parties in areas outside of the control of the Government of Sudan in an effort to severely disrupt the ability of those populations to sustain themselves. The tactic is in addition to the overt use of bans on air transport relief flights in prosecuting the war through selective starvation and to minimize the Government of Sudan's accountability internationally. (8) The Government of Sudan has repeatedly stated that it intends to use the expected proceeds from future oil sales to increase the tempo and lethality of the war against the areas outside its control. (9) Through its power to veto plans for air transport flights under the United Nations relief operation, Operation Lifeline Sudan (OLS), the Government of Sudan has been able to manipulate the receipt of food aid by the Sudanese people from the United States and other donor countries as a devastating weapon of war in the ongoing effort by the Government of Sudan to subdue areas of Sudan outside of the Government's control. (10) The efforts of the United States and other donors in delivering relief and assistance through means outside OLS have played a critical role in addressing the deficiencies in OLS and offset the Government of Sudan's manipulation of food donations to advantage in the civil war in Sudan. (11) While the immediate needs of selected areas in Sudan facing starvation have been addressed in the near term, the population in areas of Sudan outside of the control of the Government of Sudan are still in danger of extreme disruption of their ability to sustain themselves. (12) The Nuba Mountains and many areas in Bahr al Ghazal, Upper Nile, and Blue Nile regions have been excluded completely from relief distribution by OLS, consequently placing their populations at increased risk of famine. (13) At a cost which has sometimes exceeded $1,000,000 per day, and with a primary focus on providing only for the immediate food needs of the recipients, the current international relief operations are neither sustainable nor desirable in the long term. (14) The ability of populations to defend themselves against attack in areas outside the Government of Sudan's control has been severely compromised by the disengagement of the front-line sponsor states, fostering the belief within officials of the Government of Sudan that success on the battlefield can be achieved. (15) The United States should use all means of pressure available to facilitate a comprehensive solution to the war in Sudan, including-- (A) the multilateralization of economic and diplomatic tools to compel the Government of Sudan to enter into a good faith peace process; (B) the support or creation of viable democratic civil authority and institutions in areas of Sudan outside government control; (C) continued active support of people-to-people reconciliation mechanisms and efforts in areas outside of government control; (D) the strengthening of the mechanisms to provide humanitarian relief to those areas; and (E) cooperation among the trading partners of the United States and within multilateral institutions toward those ends. SEC. 3. DEFINITIONS. In this Act: (1) Government of sudan.--The term ``Government of Sudan'' means the National Islamic Front government in Khartoum, Sudan. (2) OLS.--The term ``OLS'' means the United Nations relief operation carried out by UNICEF, the World Food Program, and participating relief organizations known as ``Operation Lifeline Sudan''. SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN. Congress hereby-- (1) condemns-- (A) violations of human rights on all sides of the conflict in Sudan; (B) the Government of Sudan's overall human rights record, with regard to both the prosecution of the war and the denial of basic human and political rights to all Sudanese; (C) the ongoing slave trade in Sudan and the role of the Government of Sudan in abetting and tolerating the practice; and (D) the Government of Sudan's use and organization of ``murahalliin'' or ``mujahadeen'', Popular Defense Forces (PDF), and regular Sudanese Army units into organized and coordinated raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions; and (2) recognizes that, along with selective bans on air transport relief flights by the Government of Sudan, the use of raiding and slaving parties is a tool for creating food shortages and is used as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing. SEC. 5. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS. (a) Findings.--Congress hereby recognizes that-- (1) a single viable, internationally and regionally sanctioned peace process holds the greatest opportunity to promote a negotiated, peaceful settlement to the war in Sudan; and (2) resolution to the conflict in Sudan is best made through a peace process based on the Declaration of Principles reached in Nairobi, Kenya, on July 20, 1994. (b) United States Diplomatic Support.--The Secretary of State is authorized to utilize the personnel of the Department of State for the support of-- (1) the ongoing negotiations between the Government of Sudan and opposition forces; (2) any necessary peace settlement planning or implementation; and (3) other United States diplomatic efforts supporting a peace process in Sudan. SEC. 6. MULTILATERAL PRESSURE ON COMBATANTS. It is the sense of Congress that-- (1) the United Nations should be used as a tool to facilitating peace and recovery in Sudan; and (2) the President, acting through the United States Permanent Representative to the United Nations, should seek to-- (A) revise the terms of Operation Lifeline Sudan to end the veto power of the Government of Sudan over the plans by Operation Lifeline Sudan for air transport of relief flights and, by doing so, to end the manipulation of the delivery of those relief supplies to the advantage of the Government of Sudan on the battlefield; (B) investigate the practice of slavery in Sudan and provide mechanisms for its elimination; and (C) sponsor a condemnation of the Government of Sudan each time it subjects civilians to aerial bombardment. SEC. 7. REPORTING REQUIREMENT. Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following: ``(g) In addition to the requirements of subsections (d) and (f), the report required by subsection (d) shall include-- ``(1) a description of the sources and current status of Sudan's financing and construction of oil exploitation infrastructure and pipelines, the effects on the inhabitants of the oil fields regions of such financing and construction, and the Government of Sudan's ability to finance the war in Sudan; ``(2) a description of the extent to which that financing was secured in the United States or with involvement of United States citizens; ``(3) the best estimates of the extent of aerial bombardment by the Government of Sudan forces in areas outside its control, including targets, frequency, and best estimates of damage; and ``(4) a description of the extent to which humanitarian relief has been obstructed or manipulated by the Government of Sudan or other forces for the purposes of the war in Sudan.''. SEC. 8. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS. (a) Sense of Congress.--It is the sense of Congress that the President should continue to increase the use of non-OLS agencies in the distribution of relief supplies in southern Sudan. (b) Report.--Not later than 90 days after the date of enactment of this Act, the President shall submit a detailed report to Congress describing the progress made toward carrying out subsection (a). SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS. (a) Plan.--The President shall develop a contingency plan to provide, outside United Nations auspices if necessary, the greatest possible amount of United States Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and Blue Nile, in the event the Government of Sudan imposes a total, partial, or incremental ban on OLS air transport relief flights. (b) Reprogramming Authority.--Notwithstanding any other provision of law, in carrying out the plan developed under subsection (a), the President may reprogram up to 100 percent of the funds available for support of OLS operations (but for this subsection) for the purposes of the plan. SEC. 10. HUMANITARIAN ASSISTANCE FOR EXCLUSIONARY ``NO GO'' AREAS OF SUDAN. (a) Pilot Project Activities.--The President, acting through the United States Agency for International Development, is authorized and requested to undertake, immediately, pilot project activities to provide food and other humanitarian assistance, as appropriate, to vulnerable populations in Sudan that are residing in exclusionary ``no go'' areas of Sudan. (b) Study.--The President, acting through the United States Agency for International Development, shall conduct a study examining the adverse impact upon indigenous Sudan communities by OLS policies that curtail direct humanitarian assistance to exclusionary ``no go'' areas of Sudan. (c) Exclusionary ``No Go'' Areas of Sudan Defined.--In this section, the term ``exclusionary `no go' areas of Sudan'' means areas of Sudan designated by OLS for curtailment of direct humanitarian assistance, including, but not limited to, the Nuba Mountains, the Upper Nile, and the Blue Nile Passed the Senate July 19, 2001. Attest: JERI THOMSON, Secretary.

Sudan Peace Act - Declares that Congress condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets. Recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.(Sec. 5) Urges the President to make certain funds available for humanitarian assistance to the National Democratic Alliance.(Sec. 6) Authorizes the Secretary of State to utilize Department of State personnel for the support of ongoing negotiations, and eventual implementation of a peace settlement, between the Government of Sudan and opposition forces.(Sec. 7) Expresses the sense of Congress that: (1) the United Nations (UN) should be used as a tool to facilitate peace and recovery in Sudan; and (2) the President should seek to end the Government of Sudan's veto power over relief flight plans, to investigate the practice of slavery in Sudan, and to sponsor a condemnation of the Government of Sudan each time it subjects civilians to aerial bombardment.(Sec. 8) Prohibits business entities engaged in commercial activities in Sudan from trading their securities in any U.S. capital market unless they make public disclosure of their activities in Sudan.(Sec. 9) Directs the President to exercise his authorities under the International Emergency Economic Powers Act to prohibit any entity engaged in the development of oil or gas in Sudan from: (1) raising capital in the United States; or (2) trading its securities (or depository receipts with respect to its securities) in any U.S. capital market.(Sec. 10) Requires the Secretary of State to report to the appropriate congressional committees on the conflict in Sudan.(Sec. 11) Declares the sense of Congress that the President should continue to increase the use of non-Operation Lifeline Sudan agencies in relief supply distribution in southern Sudan. Requires the President to submit a progress report to the appropriate congressional committees.(Sec. 12) Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on Operation Lifeline Sudan (OLS) air transport relief flights. Authorizes the President to reprogram up to 100 percent of funds for OLS operations for purposes of such contingency plan.(Sec. 13) Directs the Secretary to collect and report to specified congressional committees on information about possible war crimes by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets.

A bill to facilitate famine relief efforts and a comprehensive solution to the war in Sudan.

SECTION 1. GRID-ENABLED WATER HEATERS. Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended-- (1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the end the following: ``(6) Additional standards for grid-enabled water heaters.-- ``(A) Definitions.--In this paragraph: ``(i) Activation key.--The term `activation key' means a physical device or control directly on the water heater, a software code, or a digital communication-- ``(I) that must be activated to enable the product to operate continuously and at its designed specifications and capabilities; and ``(II) without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. ``(ii) Grid-enabled water heater.--The term `grid-enabled water heater' means an electric resistance water heater that-- ``(I) has a rated storage tank volume of more than 75 gallons; ``(II) is manufactured on or after April 16, 2015; ``(III) has-- ``(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying-- ``(AA) the rated storage volume of the tank, expressed in gallons; and ``(BB) 0.00168; or ``(bb) an efficiency level equivalent to the energy factor under item (aa) and expressed as a uniform energy descriptor based on the revised test procedure for water heaters described in paragraph (5); ``(IV) is equipped by the manufacturer with an activation key; and ``(V) bears a permanent label applied by the manufacturer that-- ``(aa) is made of material not adversely affected by water; ``(bb) is attached by means of non-water-soluble adhesive; and ``(cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: ```IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.'. ``(B) Requirement.--The manufacturer or private labeler shall provide the activation key only to utilities or other companies operating electric thermal storage or demand response programs that use grid- enabled water heaters. ``(C) Reports.-- ``(i) Manufacturers.--The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. ``(ii) Operators.--The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. ``(iii) Confidentiality requirements.--The Secretary shall treat shipment data reported by manufacturers as confidential business information. ``(D) Publication of information.-- ``(i) In general.--In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. ``(ii) Prevention of product diversion.--If the Secretary determines that sales of grid- enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. ``(E) Compliance.-- ``(i) In general.--Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that grid-enabled water heaters do not require a separate efficiency requirement. ``(ii) Effective date.--If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid- enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). ``(iii) Consideration.--In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including the consequent impact on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. ``(iv) Requirements.--In carrying out this subparagraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid- enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective.''; and (2) in section 332(a) (42 U.S.C. 6302(a))-- (A) in paragraph (5), by striking ``or'' at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting ``; or''; and (E) by adding at the end the following: ``(8) with respect to grid-enabled water heaters that are not used as part of an electric thermal storage or demand response program, for any person knowingly and repeatedly-- ``(A) to distribute activation keys for those grid- enabled water heaters; ``(B) otherwise to enable the full operation of those grid-enabled water heaters; or ``(C) to remove or render illegible the labels of those grid-enabled water heaters.''.

Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters (those intended for use as part of an electric thermal storage or demand response program). Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs. Requires the Secretary of Energy (DOE) to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually. Maintains the standards and publication procedures established by this Act until the Secretary determines that such water heaters do not require a separate efficiency requirement. Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. Makes unlawful, with respect to grid-enabled water heaters not used as part of an electric thermal storage or demand response program, the knowing and repeated distribution of activation keys, enabling of full operation of the products, or removing or making illegible their labels.

To modify the efficiency standards for grid-enabled water heaters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Regulatory Fairness Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cigarette smoking and tobacco use cause approximately 450,000 deaths each year in the United States. (2) Cigarette smoking accounts for approximately $65,000,000,000 in lost productivity and health care costs. (3) In spite of the well-established dangers of cigarette smoking and tobacco use, there is no Federal agency that has any authority to regulate the manufacture, sale, distribution, and use of tobacco products. (4) The tobacco industry spends approximately $4,000,000,000 each year to promote tobacco products. (5) Each day 3,000 children try cigarettes for the first time, many of whom become lifelong addicted smokers. (6) There is no minimum age requirement in Federal law that an individual must reach to legally buy cigarettes and other tobacco products. (7) The Food and Drug Administration is the most qualified Federal agency to regulate tobacco products. (8) It is inconsistent for the Food and Drug Administration to regulate the manufacture, sale, and distribution of other nicotine-containing products used as substitutes for cigarette smoking and tobacco use and not be able to regulate tobacco products in a comparable manner. SEC. 3. DEFINITIONS. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) The term `tobacco product' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. ``(ll) The term `tobacco additive' means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any tobacco product. ``(mm) The term `constituent' means any element of cigarette mainstream or sidestream smoke which is present in quantities which represent a potential health hazard or where the health effect is unknown. ``(nn) The term `tar' means mainstream total articulate matter minus nicotine and water.''. SEC. 4. ENFORCEMENT. Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended-- (1) in subsections (a), (b), (c), (g), and (k), by striking ``or cosmetic'' and inserting ``cosmetic, or tobacco product''; and (2) by adding at the end the following: ``(u) The manufacture, sale, distribution, and advertising of tobacco products in violation of regulations promulgated by the Secretary pursuant to chapter X.''. SEC. 5. REGULATION OF TOBACCO PRODUCTS. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding at the end the following: ``CHAPTER X--TOBACCO PRODUCTS ``SEC. 1000. REGULATION OF TOBACCO PRODUCTS. ``(a) Regulations.--Not later than 1 year after the date on which the Secretary receives the recommendations described in section 1003(f), the Secretary shall promulgate regulations governing the manufacture, sale, and distribution of tobacco products in accordance with the provisions of the chapter. ``(b) Food and Drug Administration.--Regulations promulgated under subsection (a) shall designate the Food and Drug Administration as the Federal agency that regulates the manufacture, distribution, and sale of tobacco products. ``(c) Limitation.--Regulations promulgated under subsection (a) may not prohibit the manufacture, distribution, or sale of a tobacco product solely on the basis that such product causes a disease. ``(d) Sale or Distribution.--Under regulations promulgated under subsection (a) it shall be unlawful to-- ``(1) sell a tobacco product to an individual under the age of 18 years; ``(2) sell a tobacco product to an individual if such tobacco product is intended for use by an individual under the age of 18 years; and ``(3) sell or distribute a tobacco product if the label of such product does not display the following statement: `Federal Law Prohibits Sale To Minors'. ``(e) Manufacturing.--Regulations promulgated under subsection (a) governing the manufacture of tobacco products shall-- ``(1) require that all additives used in the manufacture of tobacco products are safe; and ``(2) classify as a drug any nicotine-containing product that does not meet the definition of a tobacco product. ``SEC. 1001. ADULTERATED TOBACCO PRODUCTS. ``(a) In General.--A tobacco product shall be deemed to be adulterated-- ``(1) if such product consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise contaminated by any poisonous or deleterious substance that may render such product injurious to health; ``(2) if such product has been prepared, packed, or held under insanitary conditions in which such product may have been contaminated with filth, or in which such product may have been rendered injurious to health; and ``(3) if the container for such product is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents of such product injurious to health. ``(b) Regulations.--The Secretary may by regulation prescribe good manufacturing practices for tobacco products. Such regulations may be modeled after current good manufacturing practice regulations for other products regulated under this Act. ``SEC. 1002. MISBRANDED TOBACCO PRODUCTS. ``A tobacco product shall be deemed to be misbranded-- ``(1) if the labeling of such product is false or misleading in any particular; ``(2) if in package form unless such product bears a label containing-- ``(A) the name and place of business of the tobacco product manufacturer, packer, or distributor; and ``(B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, except that under subparagraph (B) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations promulgated by the Secretary; ``(3) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements or designs in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; ``(4) if such product has an established name, unless its label bears, to the exclusion of any other nonproprietary name, its established name is prominently printed in type as required by the Secretary by regulation; ``(5) if the Secretary has issued regulations requiring that the labeling of such product bear adequate directions for use, or adequate warnings against use by children, that are necessary for the protection of users unless the labeling of such product conforms in all respects to such regulations; and ``(6) if such product was manufactured, prepared, propagated, or processed in an establishment not duly registered as required under section 1004. ``SEC. 1003. ADVISORY COMMITTEE. ``(a) Establishment.--There is established in the Food and Drug Administration a Tobacco and Nicotine Products Advisory Committee (hereafter referred to as the `advisory committee'). ``(b) Purpose.--The advisory committee shall assist the Secretary in developing the regulations described in section 1000. ``(c) Membership.-- ``(1) In general.--Not later than 60 days after the date of enactment of this chapter, the Secretary shall appoint to the advisory committee 10 individuals who are qualified by training and experience to evaluate and make recommendations regarding regulations governing the manufacture, distribution, sale, labeling and advertising of tobacco products. ``(2) Experts.--The members described under paragraph (1), not including the chairperson of such advisory committee, shall consist of-- ``(A) one expert in the field of nicotine addiction; ``(B) one expert in the field of pharmacology; ``(C) one expert in the field of food and drug law; ``(D) one expert in the field of public education; ``(E) one expert in the field of toxicology; ``(F) two experts representing the interests of family medicine, internal medicine, or pediatrics; and ``(G) two consumer representatives from the public health community. ``(3) Ex officio.--The advisory committee shall have the following as ex officio members: ``(A) The Director of the National Cancer Institute. ``(B) The Director of the National Heart, Lung, and Blood Institute. ``(C) The Director of National Institute on Drug Abuse. ``(D) The Director of the Centers for Disease Control and Prevention. ``(E) The Surgeon General of the Public Health Service. ``(4) Chairperson.--The chairperson of the advisory committee shall be appointed by the Secretary with the advice and consent of the Commissioner of Food and Drugs. ``(d) Function.--The advisory committee shall-- ``(1) review the available scientific evidence on the effects of tobacco products on human health; ``(2) review the manufacturing process of tobacco products, including the use of additives, sprayed on chemicals, product development, and product manipulation; ``(3) review the role of nicotine as part of the smoking habit, including its addictive properties and health effects; and ``(4) review current Federal, State, and local laws governing the manufacture, distribution, sale, labeling and advertising of tobacco products. ``(e) Authority.--The advisory committee may hold hearings and receive testimony and evidence as the committee determines to be appropriate. ``(f) Recommendations.--Not later than 1 year after the Secretary has appointed all members to the advisory committee, such committee shall prepare and submit recommendations regarding regulations to be promulgated under section 1000 to the Secretary. ``SEC. 1004. REGISTRATION. ``Not later than 120 days after the date of enactment of this chapter, any manufacturer directly or indirectly engaged in the manufacture, distribution, or sale of tobacco products shall register with the Secretary the name and place of business of such manufacturer. ``SEC. 1005. ADVERTISING. ``(a) Regulations.--The Federal Trade Commission, after consultation with the Secretary and upon receipt of approval by the Secretary, shall promulgate regulations governing the advertising of all tobacco products. ``(b) Labels.--The Federal Trade Commission, after consultation with the Secretary and upon receipt of approval by the Secretary, may promulgate regulations that-- ``(1) modify the warning labels required by the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4401 et seq.) if the modification in the content of the label does not weaken the health message contained in the label and is in the best interests of the public health as determined by the Secretary; and ``(2) increase the size and placement of such required labels.''. SEC. 6. CONFORMING AMENDMENTS. (a) Records.--Section 703 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 373) is amended-- (1) by striking ``or cosmetics'' each place it appears and inserting ``cosmetics, or tobacco products''; and (2) by striking ``or cosmetic'' each place it appears and inserting ``cosmetic, or tobacco product''. (b) Factory Inspections.--Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)-- (A) by striking ``or cosmetics'' each place it appears and inserting ``cosmetics, or tobacco products''; and (B) by striking ``or restricted devices'' each place it appears and inserting ``restricted devices, or tobacco products''; and (2) in subsection (b), by striking ``or cosmetic'' and inserting ``cosmetic, or tobacco product''.

Requires the promulgation of regulations governing the manufacture, sale, and distribution of tobacco products. Define adulterated and misbranded tobacco products. Establishes a Tobacco and Nicotine Products Advisory Committee. Requires the promulgation of regulations governing the advertising of all tobacco products.

Tobacco Regulatory Fairness Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enrollment Protection Act of 2010''. SEC. 2. MEDICARE PART B SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ENROLLED IN COBRA CONTINUATION COVERAGE. (a) Special Enrollment Period.--Section 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: ``(5)(A) In the case of an individual who-- ``(i) at the time the individual first satisfies paragraph (1) or (2) of section 1836, is enrolled in COBRA continuation coverage, and ``(ii) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period, there shall be a special enrollment period described in subparagraph (B). ``(B) The special enrollment period referred to in subparagraph (A) is the period including each month during any part of which the individual is enrolled in COBRA continuation coverage ending with the last day of the eighth consecutive month in which the individual is at no time so enrolled. ``(C) An individual may only enroll during the special enrollment period provided under subparagraph (B) one time during the individual's lifetime. ``(D) For purposes of this paragraph, the term `COBRA continuation coverage' means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 8905a of title 5, United States Code, or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986.''. (b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C. 1395q(a)(2)) is amended-- (1) in subparagraph (E), by striking the semicolon and inserting a comma; and (2) by adding at the end the following new subparagraph: ``(F) in the case of an individual who enrolls pursuant to subsection (i)(5) of section 1837, the first day of the month following the month in which the individual so enrolls; or''. (c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C. 1395r(b)) is amended-- (1) in the first sentence, by inserting ``, (i)(5),'' after ``subsection (i)(4)''; and (2) in the second sentence, by inserting before the period at the end the following: ``or months for which the individual can demonstrate that the individual was enrolled in COBRA continuation coverage (as such term is defined in section 1837(i)(5)(D)).''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to periods of COBRA continuation coverage before, on, or after such date. (2) Special enrollment period.--No special enrollment period under section 1837(i)(5)(B) of the Social Security Act (42 U.S.C. 1395p(i)(5)(B)) shall begin before the first day of the first month that begins at least 45 days after the date of the enactment of this Act. (3) Premiums.--The amendment made by subsection (c)(2) shall apply to premiums for months beginning with the first month that begins at least 45 days after the date of the enactment of this Act. SEC. 3. CONTINUOUS OPEN MEDICARE PART B ENROLLMENT. (a) Continuous Open Enrollment Period.--Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: ``(m)(1) There shall be a continuous open enrollment period beginning on the first day of the first month in which an individual first satisfies paragraph (1) or (2) of section 1836, except that such continuous open enrollment period shall not be available during the individual's initial enrollment period or a special enrollment period available to the individual. ``(2) In the case of an individual seeking enrollment under paragraph (1) during a general enrollment period under subsection (e), the individual shall be enrolled under such subsection and not under paragraph (1), unless the individual specifies otherwise.''. (b) Coverage Period.--Section 1838(a)(2) of such Act (42 U.S.C. 1395q(a)(2)) is amended-- (1) in subparagraph (F), as added by section 2(b)(2), by striking the semicolon and inserting a comma; and (2) by adding at the end the following new subparagraph: ``(G) in the case of an individual who enrolls pursuant to subsection (m) of section 1837, the first day of the month following the month in which such individual so enrolls; or''. (c) Premium Increase.--Section 1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the following new subsection: ``(j) Increase in Premium Based on Enrollment Pursuant to Continuous Open Enrollment Period.--In the case of an individual whose coverage period began pursuant to a continuous open enrollment period under section 1837(m), the monthly premium determined under subsection (a), adjusted in accordance with subsection (i), shall, in addition to the increase required by subsection (b), be increased by such amount as the Secretary considers appropriate, taking into account any additional actuarial cost to the insurance program established under this part due to enrollment under such section. Any increase under this subsection shall apply to all premiums paid by the individual after enrollment pursuant to such continuous open enrollment period.''. (d) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report describing-- (1) the average increase in premiums based on enrollment in the insurance program established under part B of title XVIII of the Social Security Act pursuant to a continuous open enrollment period under section 1837(m) of such Act, as added by subsection (a); (2) any other regulations promulgated by the Secretary with respect to such enrollment; (3) the number and characteristics of individuals choosing such enrollment; and (4) any costs of such enrollment to such insurance program that were not covered by the increases in premiums described in the amendment made by subsection (c). (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, except that no individual may enroll pursuant to a continuous open enrollment period under the amendment made by subsection (a) before the first day of the first month that begins at least 45 days after the date of the enactment of this Act. SEC. 4. SPECIAL ENROLLMENT PERIODS TO CORRECT ERROR, MISREPRESENTATION, OR INACTION OF FEDERAL GOVERNMENT, GROUP HEALTH PLAN, OR PLAN SPONSOR. Section 1837(h) of the Social Security Act (42 U.S.C. 1395p(h)) is amended by inserting ``or by an officer, employee, or agent of a group health plan, or of a plan sponsor (as such term is defined in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B))) of a group health plan,'' after ``instrumentalities,''. SEC. 5. COORDINATION OF MEDICARE PART B WITH AMERICAN HEALTH BENEFIT EXCHANGES. Section 1837 of the Social Security Act (42 U.S.C. 1395p), as amended by section 3(a), is further amended by adding at the end the following new subsection: ``(n) The Secretary shall ensure appropriate coordination between the insurance program established under this part and American Health Benefit Exchanges established under section 1311(b) of the Patient Protection and Affordable Care Act (Public Law 111-148), including ensuring a smooth transition in enrollment from enrollment in qualified health plans offered through Exchanges to enrollment under this part.''. SEC. 6. GAO STUDY AND REPORT ON MEDICARE PART B ENROLLMENT. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on enrollment in the insurance program established under part B of title XVIII of the Social Security Act (in this section referred to as ``Medicare part B''). The report shall include-- (1) a comprehensive evaluation of problems experienced by individuals with respect to enrollment in Medicare part B, including the causes of such problems and any geographic trends in the manifestation of such problems; (2) an assessment of the number of people who lack health insurance coverage because of such problems; (3) an evaluation of efforts by the Centers for Medicare & Medicaid Services and the Social Security Administration to educate employers regarding the transition of employees from group health plans to Medicare part B; (4) an evaluation of coordination of coverage for individuals with private health insurance who are also eligible for Medicare part B and ways to improve such coordination; (5) an evaluation of the coordination between Medicare part B and American Health Benefit Exchanges required by the amendment made by section 5; (6) an evaluation of the differences in regulations applicable to individuals who are eligible for Medicare part B based on age and individuals who are eligible based on disability, and ways to improve parity in the treatment of each such group of individuals that may be implemented in regulations and guidance; and (7) an evaluation of efforts by the Centers for Medicare & Medicaid Services to provide equitable relief to individuals who suffered adverse consequences due to misinformation or a lack of information on enrollment in Medicare part B, and ways to improve the provision of such equitable relief.

Medicare Enrollment Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to: (1) establish a special Medicare part B (Supplementary Medical Insurance) enrollment period period for individuals enrolled in COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage who elected not to enroll under part B during the individual's initial enrollment period; (2) require a continuous open Medicare part B enrollment, apart from an initial enrollment period or a special enrollment period, during which there shall be an increase in the monthly premium; (3) provide for special enrollment periods to correct errors, misrepresentations, or the inaction of officers, employees, or agents of group health plans or plan sponsors; and (4) direct the Secretary of Health and Human Services (HHS) to ensure appropriate coordination of Medicare part B with American Health Benefit Exchanges under the Patient Protection and Affordable Care Act (PPACA). Directs the Comptroller General to report to Congress on enrollment in the Medicare part B program.

To amend title XVIII of the Social Security Act to provide for additional opportunities to enroll under part B of the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coalitions for Access and Quality Improvement Act of 2007''. SEC. 2. PURPOSE. Is it the purpose of this Act to provide assistance to community health coalitions (as defined in section (c)(1)) that have a clearly defined local need to increase access to and improve the quality of health care services through activities that-- (1) develop or strengthen the coordination of services to allow all individuals, including uninsured and low-income individuals, to receive efficient and higher quality care and to gain entry into and receive services from a comprehensive system of medical, dental, pharmaceutical, and behavioral health care; (2) develop efficient and sustainable infrastructure for a healthcare delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all types of providers of care in the community; and (3) develop or strengthen activities related to providing coordinated care for individuals with chronic conditions. SEC. 3. COMMUNITY COALITIONS FOR ACCESS AND QUALITY IMPROVEMENT. (a) Grants To Strengthen the Effectiveness, Efficiency, and Coordination of Services.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award grants to eligible entities assist in the development of integrated health care delivery systems to serve defined communities of individuals to-- (1) improve the efficiency of and coordination among the providers providing services through such systems; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance the services provided through such systems. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- (1) represent a balanced consortium-- (A) whose principal purpose is to assure the sustainable capacity for the provision of a broad range of coordinated services for all residents within a community defined in the entity's grant application as described in paragraph (2); and (B) that includes at least one of each of the following providers that serve the community (unless such provider does not exist within the community, declines or refuses to participate, or places unreasonable conditions on their participation)-- (i) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (ii) rural health clinics and rural health networks (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (iii) a hospital with a low-income utilization rate that is greater than 25 percent (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))), or a Critical Access Hospital (as defined in section 19(c)(2) of such Act (42 U.S.C. 1395i-4(c)(2))); (iv) a public health department; and (v) an interested public or private sector health care provider or an organization that has traditionally served the medically uninsured and low-income individuals; and (2) submit to the Secretary an application, at such time, in such manner, and containing such information and the Secretary may require, including-- (A) a clear description of the community to be served and access, quality, and efficiency outcomes to be achieved under the grant; (B) a description of the providers who will participate in the community coalition under the grant and each provider's contribution to the care of individuals in the community; (C) a description of the activities that the applicant and the community coalition propose to perform under the grant to further the objectives of this section; (D) evidence demonstrating that the applicant is an established coalition with an ability to build on the current system for serving the community by involving providers who have traditionally provided a significant volume of care for uninsured and low-income individuals for that community; (E) evidence demonstrating the coalition's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high quality, accessible services, including, as appropriate, primary, secondary, and tertiary services as well as pharmacy, substance abuse, behavioral health and oral health services, in a manner that assures continuity of care in the community; (F) evidence of community involvement, including the business community, in the development, implementation, and direction of the system of care that the coalition proposes to assure; (G) evidence demonstrating the coalition's ability to ensure that participating individuals are enrolled in health care coverage programs, both public and private, for which the individuals are eligible; (H) a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a manner to assure long-term sustainability of the system of care; (I) a plan for the evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program and the use of evaluation findings to improve system performance; (J) evidence demonstrating fiscal responsibility through the use of appropriate accounting procedures and management systems; (K) evidence demonstrating commitment to serve the community without regard to the ability of an individual or family to pay by arranging for or providing free or reduced charge care for the poor; and (L) such other information as the Secretary may require. (c) Limitations.--The term of an initial grant to an eligible entity under this section shall be 3 fiscal years. An entity may receive an extension for 2 additional years if-- (1) the eligible entity submits to the Secretary a request for a grant for such additional period; (2) the Secretary determines that current performance justifies the granting of such an extension; and (3) the Secretary determines that granting such extension is necessary to further the objectives described in subsection (a). (d) Priorities.--In awarding grants under this section, the Secretary-- (1) may provide priority to applicants that demonstrate the greatest extent of unmet need in the community to be served for a more coordinated system of care; and (2) shall provide priority to applicants that best promote the objectives of this section, taking into consideration the extent to which the applicant-- (A) identifies a community whose geographical area has a high or increasing percentage of individuals who are uninsured or low-income; (B) demonstrates that the applicant has included in its community coalition providers, support systems, and programs that have a tradition of serving individuals and families in the community who are uninsured or earn below 200 of the Federal poverty level; (C) demonstrates that the proposed coalition activities would expand the utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including pharmaceuticals, behavioral and mental health services, oral health services, or substance abuse services; (D) proposes approaches that would improve coordination between health care providers and appropriate social service providers; (E) demonstrates collaboration with State and local governments; (F) demonstrates that the applicant makes use of non-Federal contributions to the greatest extent possible; or (G) demonstrates the likelihood that the proposed activities will lead to sustainable integrated delivery systems as additional efforts of health systems development evolve. (e) Use of Funds.-- (1) Use by grantees.-- (A) In general.--Except as provided in paragraphs (2) and (3), a grantee shall use amounts provided under this section only for-- (i) direct expenses associated with achieving the greater integration of a health care delivery system so that the system either directly provides or ensures the provision of a broad range of culturally competent services, including, as appropriate, primary, secondary, and tertiary care as well as oral health, substance abuse, behavioral and mental health, and pharmaceutical services; and (ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. (B) Specific uses.--Upon compliance with subparagraph (A) a grantees may use amounts provided under this section for the following: (i) To provide increases in outreach activities and to close gaps in health care service, including referrals to specialty services and prescription drugs and conducting ongoing outreach to health disparity populations. (ii) To make improvements to care management and delivery of patient-centered care, including patient navigation services. (iii) To make improvements to coordinate transportation to health care facilities. (iv) The development of provider networks and other innovative models to engage physicians in voluntary efforts to serve the medically underserved within a community. (v) Recruitment, training, and compensation of necessary personnel. (vi) The acquisition of technology for the purpose of coordinating care and improving provider communication, including the implementation of shared information systems or shared clinical systems. (vii) The development of common processes such as mechanisms for determining eligibility for the programs provided through the system, common identification cards, sliding scale discounts, and the monitoring and tracking of outcomes. (viii) The development of specific prevention and disease management tools and processes. (ix) Language access services. (x) The facilitation of the involvement of community organizations to provide better access to high quality health care services to individuals at risk for, or who have, chronic diseases or cancer. (xi) Helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or chronic disease. (2) Direct patient care limitation.--Not to exceed 20 percent of the amounts received under a grant under this section may be used for providing direct patient care and services. (3) Reservation of funds for national program purposes.-- The Secretary may use not to exceed 7 percent of the amount appropriated to carry out this section each fiscal year to enter into contracts with an organization that has expertise in facilitating peer to peer technical assistance among grantees, to obtain assistance of experts and consultants, to hold meetings, to develop tools, to disseminate information, to demonstrate access, quality and efficiency outcomes for sustainability, and for evaluations. (f) Requirements.-- (1) Evaluation of effectiveness.--An entity that receive a grant under this section shall annually submit to the Secretary a report concerning-- (A) the progress made in meeting the goals and measurable objectives set forth in the grant application submitted by the entity under subsection (b); (B) the extent to which activities carried out by the entity under the grant have-- (i) improved the effectiveness, efficiency, and coordination of services for uninsured and low-income individuals in the community served by such entity, using commonly accepted outcome measures; (ii) resulted in the provision of better quality health care for individuals and families in the community served; and (iii) resulted in the provision of health care to such individuals at lower cost than would have been possible in the absence of the activities conducted by such entity; and (C) the findings of an independent financial audit conducted on all records that relate to the disposition of funds received under the grant. (2) Progress.--The Secretary may not renew a grant under this section unless the Secretary determines that the coalition has made reasonable and demonstrable progress in meeting the goals and objectives set forth in the grant application for the preceding fiscal year. (g) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the applicant and each of the participating providers agree that the grantee and each such provider will maintain its expenditures of non-Federal funds for such activities at a level that is not less then the level of such expenditures during the fiscal year immediately preceding the fiscal year for which the applicant is applying to receive such grant. (h) Technical Assistance.--The Secretary may, either directly or by grant or contract, provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to enable the entity to comply with the requirements of this section. The purposes of this section may be achieved by grant or contract with State and national not-for-profit organizations with expertise in building successful community coalitions. (i) Evaluation of Program.--Not later than September 30, 2012, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the extent to which projects funded under this section have been successful in improving the effectiveness, efficiency, and coordination of services in the communities served by such projects, including whether the projects resulted in the provision of better quality health care for such individuals, and whether such care was provided at lower costs than would have been provided in the absence of such projects. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 2008; (2) $100,000,000 for fiscal year 2009; (3) $125,000,000 for fiscal year 2010; (4) $150,000,000 for fiscal year 2011; and (5) $175,000,000 for fiscal year 2012.

Community Coalitions for Access and Quality Improvement Act of 2007 - Directs the Secretary of Health and Human Services to award grants to eligible entities to assist in developing integrated health care delivery systems to serve defined communities to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided. Requires eligible entities to represent a balanced consortium whose principal purpose is to assure sustained capacity for the provision of a broad range of coordinated services for all residents, including at least one of each of the following providers that serve the community (with exceptions): (1) a federally qualified health center; (2) rural health clinics and rural health networks; (3) a hospital with a low-income utilization rate greater than 25% or a critical access hospital; (4) a public health department; and (5) an interested public or private sector health care provider or organization that has traditionally served medically uninsured and low-income individuals. Authorizes the Secretary, in awarding grants, to provide priority to applicants that demonstrate the greatest unmet need for a more coordinated system of care. Requires a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. Requires entities to report annually to the Secretary. Conditions grant renewal on demonstrable progress in meeting goals.

A bill to provide assistance to community health coalitions to increase access to and improve the quality of health care services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Integrity Act of 2017''. SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement To Provide Photo Identification as Condition of Casting Ballot.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS. ``(a) Provision of Identification Required as Condition of Casting Ballot.-- ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a valid photo identification. ``(B) Availability of provisional ballot.-- ``(i) In general.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless, not later than 10 days after casting the provisional ballot, the individual presents to the official-- ``(I) the identification required under subparagraph (A); or ``(II) an affidavit attesting that the individual does not possess the identification required under subparagraph (A) because the individual has a religious objection to being photographed. ``(ii) No effect on other provisional balloting rules.--Nothing in clause (i) may be construed to apply to the casting of a provisional ballot pursuant to section 302(a) or any State law for reasons other than the failure to present the identification required under subparagraph (A). ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a valid photo identification. ``(B) Exception for overseas military voters.-- Subparagraph (A) does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)), other than an individual described in section 107(1)(C) of such Act. ``(b) Provision of Identifications Without Charge to Individuals Unable To Pay Costs of Obtaining Identification.--If an individual presents a State or local election official with an affidavit attesting that the individual is unable to pay the costs associated with obtaining a valid photo identification under this section, the official shall provide the individual with a valid photo identification under this subsection without charge to the individual. ``(c) Valid Photo Identifications Described.--For purposes of this section, a `valid photo identification' means, with respect to an individual who seeks to vote in a State, any of the following: ``(1) A valid State-issued motor vehicle driver's license that includes a photo of the individual and an expiration date. ``(2) A valid State-issued identification card that includes a photo of the individual and an expiration date. ``(3) A valid United States passport for the individual. ``(4) A valid military identification for the individual. ``(5) Any other form of government-issued identification that the State may specify as a valid photo identification for purposes of this subsection. ``(d) Notification of Identification Requirement to Applicants for Voter Registration.-- ``(1) In general.--Each State shall ensure that, at the time an individual applies to register to vote in elections for Federal office in the State, the appropriate State or local election official notifies the individual of the photo identification requirements of this section. ``(2) Special rule for individuals applying to register to vote online.--Each State shall ensure that, in the case of an individual who applies to register to vote in elections for Federal office in the State online, the online voter registration system notifies the individual of the photo identification requirements of this section before the individual completes the online registration process. ``(e) Treatment of States With Photo Identification Requirements in Effect as of Date of Enactment.--If, as of the date of the enactment of this section, a State has in effect a law requiring an individual to provide a photo identification as a condition of casting a ballot in elections for Federal office held in the State and the law remains in effect on and after the effective date of this section, the State shall be considered to meet the requirements of this section if-- ``(1) the State submits a request to the Attorney General and provides such information as the Attorney General may consider necessary to determine that the State has in effect such a law and that the law remains in effect; and ``(2) the Attorney General approves the request. ``(f) Effective Date.--This section shall apply with respect to elections for Federal office held in 2020 or any succeeding year.''. (2) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Photo identification requirements.''. (b) Conforming Amendment Relating to Voluntary Guidance by Election Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 303A, October 1, 2018.''. (c) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 303A''. (d) Conforming Amendments Relating to Repeal of Existing Photo Identification Requirements for Certain Voters.-- (1) In general.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (A) in the heading, by striking ``and requirements for voters who register by mail''; (B) in the heading of subsection (b), by striking ``for Voters Who Register by Mail'' and inserting ``for Mail-In Registration Forms''; (C) in subsection (b), by striking paragraphs (1) through (3) and redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (2) Clerical amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements.''. (e) Effective Date.--This section and the amendments made by this section shall apply with respect to elections for Federal office held in 2020 or any succeeding year.

Election Integrity Act of 2017 This bill amends the Help America Vote Act of 2002 to prohibit a state or local election official from providing a ballot for a federal election to an individual who desires to vote in person unless the individual presents a valid photo identification. If an individual does not present a valid photo identification, the individual shall be permitted to cast a provisional ballot. An election official may not determine that such an individual is eligible under state law to vote in the election unless, not later than 10 days after casting the provisional ballot, the individual presents: (1) the identification required, or (2) an affidavit attesting that the individual does not possess the identification because the individual has a religious objection to being photographed. With an exception for overseas military voters, an election official may not accept a ballot for a federal election provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a valid photo identification. If an individual presents an election official with an affidavit attesting that the individual is unable to afford to obtain a valid photo identification, the official shall provide the individual with a valid photo identification without charge.

Election Integrity Act of 2017

SECTION 1. DRIVING UNDER THE INFLUENCE OF AN ILLEGAL DRUG. (a) Duties.--The Administrator shall-- (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug; and (3) transmit to the Congress on an annual basis a report including-- (A) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; (B) a description of the progress that each State has made in meeting the requirement of subsection (c); and (C) recommendations for addressing the problem of driving under the influence of an illegal drug. The Administrator shall transmit the first report under paragraph (3) not later than one year after the date of enactment of this Act. (b) Transfer of Funds.-- (1) Fiscal year 2007.--On October 1, 2006, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 1 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (2) Fiscal year 2008.--On October 1, 2007, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (3) Fiscal year 2009.--On October 1, 2008, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (4) Fiscal year 2010.--On October 1, 2009, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (5) Fiscal year 2011.--On October 1, 2010, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 16 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (6) Fiscal year 2012.--On October 1, 2011, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 32 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (7) Fiscal years thereafter.--On October 1, 2012, and each October 1 thereafter, if a State has not met the requirement of subsection (c), the Secretary shall transfer to the Administrator 50 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code. (c) Requirement.--A State meets the requirement of this subsection if-- (1) the State has transmitted to the Administrator a plan for addressing the problem of driving under the influence of an illegal drug that includes enacting a law that-- (A) prohibits an individual from driving under the influence of an illegal drug; and (B) includes a mandatory minimum penalty for an individual convicted of driving under the influence of an illegal drug; (2) the Administrator has approved the plan transmitted under paragraph (1); and (3) the State has enacted and is enforcing the law included in the plan approved by the Administrator under paragraph (2). (d) Use of Transferred Funds.--Any funds transferred to the Administrator under subsection (b) shall be used for the purpose of carrying out the duties of the National Highway Traffic Safety Administration. (e) Transfer of Obligation Authority.-- (1) In general.--If the Secretary transfers any funds to the Administrator under subsection (b) with respect to a State for a fiscal year, the Secretary shall transfer to the Administrator an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs. (2) Amount.--The amount of obligation authority referred to in paragraph (1) shall be determined by multiplying-- (A) the amount of funds transferred under subsection (b) to the Administrator with respect to a State for the fiscal year, by (B) the ratio that-- (i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Highway Traffic Safety Administration; and (2) the term ``Secretary'' means the Secretary of Transportation.

Sets forth the duties of the Administrator of the National Highway Traffic Safety Administration (NHTSA), including to: (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; (2) conduct research on the prevention, detection, and prosecution of driving under such influence; and (3) report annually to Congress on the extent of the problem in each State, including a description of the progress each State has made in addressing such problem. Authorizes the Secretary of Transportation to transfer to the Administrator increasing percentages of funds otherwise apportioned to a State out of the Highway Trust Fund from any State that does not enact laws to prohibit driving under the influence of an illegal drug. Requires transferred funds to be used to carry out NHTSA duties. Requires the Secretary, if any funds are transferred to the Administrator, to transfer to the Administrator also a calculated amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs.

To authorize the Secretary of Transportation to transfer to the Administrator of the National Highway Traffic Safety Administration a certain percentage of apportionments of funds made available from the Highway Trust Fund from States that do not enact laws to prohibit driving under the influence of an illegal drug, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Water Affordability, Transparency, Equity, and Reliability Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Water Affordability, Transparency, Equity, and Reliability Trust Fund. Sec. 3. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection. Sec. 4. Technical assistance to rural and small municipalities and tribal governments. Sec. 5. Residential onsite sewage disposal system improvement. Sec. 6. State water pollution control revolving funds. Sec. 7. Use of State revolving loan funds under the Safe Drinking Water Act. Sec. 8. Drinking water grant programs. SEC. 2. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY TRUST FUND. (a) Establishment.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 9512. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Water Affordability, Transparency, Equity, and Reliability Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Fund.-- ``(1) In general.--There are hereby appropriated to the Trust Fund such amounts as the Secretary from time to time estimates are equal to the increase in Federal revenues attributable to the application of section 952(e). ``(2) Limitation.--The sum of the amounts appropriated under paragraph (1) during any fiscal year shall not exceed $34,850,000,000. ``(c) Expenditures.--Amounts in the Trust Fund are available, without further appropriation and without fiscal year limitation, for the purposes described in section 2(c) of the Water Affordability, Transparency, Equity, and Reliability Act of 2016.''. (2) Clerical amendment.--The table of parts for subchapter A of chapter 98 of such Code is amended by inserting after the item relating to section 9511 the following new item: ``Sec. 9512. Water Affordability, Transparency, Equity, and Reliability Trust Fund.''. (b) Imposition of Tax.-- (1) In general.--Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(e) Special Application of Subpart.-- ``(1) In general.--Notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (c) Allocation of Funds.--The Administrator of the Environmental Protection Agency shall allocate, for a fiscal year, the funds available, at the beginning of such fiscal year, in the Water Affordability, Transparency, Equity, and Reliability Trust Fund, established by section 9512 of the Internal Revenue Code of 1986, as follows: (1) Clean water programs.--Of such amount, the Administrator shall make available-- (A) 0.5 percent for making grants under section 104(b)(8) of the Federal Water Pollution Control Act; (B) 1.5 percent for making grants under section 106 of such Act (33 U.S.C. 1256); (C) 2.5 percent for making grants under section 222 of such Act; (D) 2.5 percent for making grants under section 319 of such Act (33 U.S.C. 1329); and (E) 45 percent for making capitalization grants under section 601 of such Act (33 U.S.C. 1381). (2) Safe drinking water funding.--Of such amount, the Administrator shall make available-- (A) 0.5 percent for providing technical assistance under section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-1(e)); (B) 44.5 percent for making capitalization grants under section 1452 of such Act (42 U.S.C. 300j-12); and (C) 3 percent for making grants under section 1465 of such Act. SEC. 3. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND DATA COLLECTION. (a) Study.-- (1) In general.--The Administrator of the Environmental Protection Agency shall conduct a study on water and sewer services, in accordance with this subsection. (2) Affordability.--In conducting the study under paragraph (1), the Administrator shall study water affordability nationwide, including-- (A) rates for water and sewer services, increases in such rates during the ten-year period preceding such study, and water service disconnections due to unpaid water service charges; and (B) the effectiveness of funding under section 1452 of the Safe Drinking Water Act and under section 601 of the Federal Water Pollution Control Act for promoting affordable, equitable, transparent, and reliable water and sewer service. (3) Discrimination and civil rights.--In conducting the study under paragraph (1), the Administrator, in collaboration with the Civil Rights Division of the United States Department of Justice, shall study-- (A) discriminatory practices of water and sewer service providers; and (B) violations by such service providers that receive Federal assistance of civil rights under title VI of the Civil Rights Act of 1964 with regard to equal access to water and sewer services. (4) Public participation in regionalization.--In conducting the study under paragraph (1), the Administrator shall evaluate efforts to regionalize public water systems, as defined in section 1401 of the Safe Water Drinking Act, and sewer services with respect to public participation in-- (A) the decision to undergo such regionalization; and (B) decisionmaking by the board of directors (or other governing body) of the entity that provides, or oversees or coordinates the provision of, water by the public water systems subject to such regionalization. (5) Data collection.--In conducting the study under paragraph (1), the Administrator shall collect information, assess the availability of information, and evaluate the methodologies used to collect information, related to-- (A) people living without water or sewer services; (B) water service disconnections due to unpaid water service charges, including disconnections experienced by households containing children, elderly persons, disabled persons, chronically ill persons, or other vulnerable populations; and (C) disparate effects, on the basis of race, gender, or socioeconomic status, of water service disconnections and the lack of public water service. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report that contains-- (1) the results of the study conducted under subsection (a)(1); and (2) recommendations for utility companies, Federal agencies, and States relating to such results. SEC. 4. TECHNICAL ASSISTANCE TO RURAL AND SMALL MUNICIPALITIES AND TRIBAL GOVERNMENTS. Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations to-- ``(A) provide technical assistance to rural and small municipalities and tribal governments for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and governments in the planning, development, and acquisition of financing for projects and activities eligible for assistance under section 603(c); ``(B) provide technical assistance and training to rural and small municipalities and tribal governments responsible for publicly owned treatment works and decentralized wastewater treatment systems for the purpose of enabling such works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(C) disseminate information to rural and small municipalities, tribal governments, and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located, that pertains to the planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. SEC. 5. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEM IMPROVEMENT. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 222. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEMS. ``Not later than the date that is 1 year after the date of the enactment of this section, the Administrator shall establish a grant program to make grants to users of a septic tank and drainage field for costs associated with repairing, replacing, or upgrading such tank and such field.''. SEC. 6. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Specific Requirements.--Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (13), by striking ``and'' at the end; (2) in paragraph (14), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(15) the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system; and ``(16) the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act.''. (b) Projects and Activities Eligible for Assistance.--Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) to any municipality or intermunicipal, interstate, or State agency for-- ``(A) purchasing from a willing or unwilling seller a privately owned treatment works; and ``(B) expenses related to canceling a contract for the operation or management of a publicly owned treatment works.''. (c) Increasing the Limit of Additional Subsidization by the State.--Section 603(i)(3)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)(3)(B)) is amended to read as follows: ``(B) Additional limitation.--A State may use not more than 50 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection.''. SEC. 7. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER ACT. Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) by inserting ``publicly owned, operated, and managed'' before ``community water systems''; and (ii) by striking ``The funds shall not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a project authorized by this paragraph and the purchase is from a willing seller.'' and inserting ``The funds may also be used for purchasing from a willing or unwilling seller a privately owned community water system, or for the expenses related to canceling a contract for the operation or management of a community water system.''; and (B) by adding at the end the following new paragraph: ``(4) Exception to public ownership, operation, and management requirement.--Notwithstanding the first sentence of paragraph (2), public water systems which regularly serve fewer than 10,000 persons and which are not owned, operated, or managed by any person which owns, operates, or manages any other public water system may receive assistance under this section.''; (2) in subsection (d)(2), by striking ``30 percent'' and inserting ``50 percent''; (3) in subsection (g)(3)-- (A) in paragraph (B), by striking ``and'' at the end; (B) in paragraph (C), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (C) the following: ``(D) guidance to ensure affordable, equitable, transparent and reliable water and sewer service provision, to provide protections for households facing service disconnection due to unpaid water service charges, and to promote universal equal access to water and sewer services.''; and (4) in subsection (k)(1), by adding at the end the following: ``(E) Provide assistance in the form of a grant to owners of private properties for the purpose of replacing lead service lines, as defined in section 141.2 of title 40, Code of Federal Regulations, with service lines that are lead-free, as defined in section 1417(d).''. SEC. 8. DRINKING WATER GRANT PROGRAMS. (a) School Drinking Water Improvement.--Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is amended to read as follows: ``SEC. 1465. FEDERAL ASSISTANCE. ``Not later than the date that is 1 year after the date of the enactment of this section, the Administrator shall establish a grant program to make grants to local educational agencies for costs associated with-- ``(1) installing, repairing, or replacing the infrastructure necessary for drinking water coolers, drinking water fountains, or bottle filling stations; and ``(2) testing the quality of drinking water at schools in such local education agency.''. (b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)(1)) is amended-- (1) by striking ``1 1/2'' and inserting ``Three''; and (2) by striking ``may'' and inserting ``shall''.

Water Affordability, Transparency, Equity, and Reliability Act of 2016 This bill amends the Internal Revenue Code to: (1) establish a Water Affordability, Transparency, Equity, and Reliability Trust Fund; (2) modify the definition of subpart F income (i.e., income of a controlled foreign corporation earned outside the United States that is not tax-deferred) to include income of a controlled foreign corporation derived from a foreign country; and (3) transfer that income to the fund. The Environmental Protection Agency (EPA) must allocate funds from the trust fund to specified clean water programs and drinking water programs, including the grant programs authorized or established by this bill. The bill amends Federal Water Pollution Control Act (commonly known as the Clean Water Act) by authorizing the EPA to make grants for providing technical assistance concerning water and sanitation infrastructure and drinking water systems to rural and small municipalities and tribal governments. The EPA must establish a grant program for repairing, replacing, or upgrading septic tanks and drainage fields. The bill revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF. The bill revises the Safe Drinking Water Act by requiring the EPA to establish a program to make grants to local educational agencies for: (1) installing, repairing, or replacing the infrastructure necessary for drinking water coolers, drinking water fountains, or bottle filling station; and (2) testing the quality of drinking water at schools in such local education agency.

Water Affordability, Transparency, Equity, and Reliability Act of 2016

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Service Center Act of 1994''. SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. (a) In General.--In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services (in this section referred to as ``the Secretary'') may authorize States to conduct demonstration projects in accordance with this section. (b) Description of Project.--Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of the following programs: (1) AFDC program.--The program of aid and services for needy families with children under the State plan approved under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (2) Child support enforcement program.--The child support enforcement program carried out under the State plan approved under part D of title IV of the Social Security Act. (3) Food stamp program.--The food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)). (4) WIC program.--The special supplemental food program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (5) Maternal and child health block grant program.--The maternal and child health block grant program under title V of the Social Security Act. (6) Medicaid program.--Medical assistance furnished under the State plan approved under title XIX of the Social Security Act. (7) Substance abuse treatment programs.--Substance abuse treatment programs under title V of the Public Health Service Act and subpart II of part B of title XIX of such Act. (8) Jobs programs.--Programs under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) and other Federal job training programs. (9) Mental health programs.--Mental health service programs under title V of the Public Health Service Act and subpart I of part B of title XIX of such Act. (10) Housing programs.--Programs for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture. (11) Programs for the developmentally disabled.--Programs for developmentally disabled individuals under the Developmental Disabilities Assistance and Bill of Rights Act. (12) Other programs.--Any other program administered by the State, which offers services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. (c) Projects Aimed at a Diversity of Clients.--The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. (d) Project Requirements.--Each State authorized to conduct a demonstration project under this section shall-- (1) ensure that the project provides-- (A) each client with a single place and organization providing access to, and information and counseling about, the services offered by the programs described in subsection (b); (B) access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology; and (C) approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project; and (2) conduct the project in accordance with such other requirements as the Secretary may prescribe. (e) Grants; Duration of Projects.-- (1) In general.--The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. (2) Renewal.--The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. (3) Timing of grant payments.--The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. (f) State Evaluation of Project.-- (1) In general.--Each State that conducts a demonstration project under this section shall, as a part of the project-- (A) conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children; and (B) cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. (2) Report.-- (A) In general.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). (B) Timing.--The report required by subparagraph (A) with respect to a demonstration project shall be submitted within 6 months after the earlier of-- (i) the completion of the project; or (ii) the end of the 3-year period that begins with the commencement of the project. (g) State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes-- (1) the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children; and (2) the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. (h) Federal Evaluations.-- (1) In general.--The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. (2) Annual reports.--Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. (3) Funding.--The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. (i) No Waiver Authority.--This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). (j) State Defined.--As used in this section, the term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

Family Service Center Act of 1994 - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) Aid to Families With Dependent Children (AFDC); (2) child support enforcement; (3) the food stamp program; (4) the Special Supplemental Food Program for Women, Infants, and Children (WIC); (5) the maternal and child health block grant program; (6) Medicaid; (7) substance abuse treatment programs; (8) JOBS programs under the Job Training Partnership Act; (9) mental health programs; (10) housing programs; (11) programs for the developmentally disabled; and (12) other State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants (renewable for another three years) to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children; and (2) measures the State has taken or intends to take to eliminate or reduce such impediments.

Family Service Center Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Low- Income Assistance Act of 2004''. SEC. 2. ASSURANCE OF ASSISTANCE FOR LOW-INCOME BENEFICIARIES IN MEDICARE SAVINGS PROGRAMS UNDER MEDICARE PRESCRIPTION DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE PROGRAM. (a) Automatic Enrollment.-- (1) In general.--Section 1860D-31(c)(1) of the Social Security Act (42 U.S.C. 1395w-141(c)(1)) is amended by adding at the end the following new subparagraph: ``(F) Automatic enrollment of certain low-income beneficiaries in medicare savings programs.-- ``(i) Notice of eligibility.--Not later than 45 days after the date an individual described in clause (ii) is first eligible to enroll in an endorsed discount card program under this section, each State or the Secretary (at the option of each State) shall mail to each individual described in clause (ii), a notice stating the following: ``(I) Such individual is eligible to enroll in an endorsed discount card program and to receive transitional assistance under subsection (g). ``(II) If such individual does not enroll before 30 days after the date of the notice, such individual will be automatically enrolled in an endorsed discount card program selected by the Secretary unless the individual notifies the Secretary that such individual does not wish to be so enrolled. ``(III) If such individual is automatically enrolled in an endorsed discount card program selected by the Secretary, the individual may enroll in another endorsed discount card program selected by the individual during the 60-day period beginning on the date of such automatic enrollment. ``(IV) If the individual is enrolled in an endorsed discount card program during 2004, the individual will be permitted to change enrollment under subsection (c)(1)(C)(ii) for 2005. ``(V) There is no obligation to use the endorsed discount card program or transitional assistance when purchasing prescription drugs. ``(ii) Individuals benefiting from automatic enrollment.--An individual described in this clause is a discount card eligible individual who-- ``(I) is a recipient of supplemental security income benefits under title XVI, or is determined to be eligible for medical assistance under title XIX solely by reason of clause (i), (iii), or (iv) of section 1902(a)(10)(E); and ``(II) has not enrolled in an endorsed discount card program as of the date that is 30 days after the date the individual is first eligible to enroll in such a program. ``(iii) Automatic enrollment.--The Secretary shall enroll each individual described in clause (ii), who has not enrolled in an endorsed discount card program or provided notice to the Secretary under clause (iv) as of the end of the 30-day period beginning on the date of the notice to the individual under clause (i), in an endorsed discount card program selected by the Secretary that serves residents of the State in which the individual resides. ``(iv) Opt-out.--Clause (iii) shall not apply to an individual if the individual notifies the Secretary before the end of the 30-day period described in such clause that the individual does not wish to be automatically enrolled under such clause. ``(v) 60-day grace period to change card program.--The Secretary shall permit each individual who is automatically enrolled under clause (iii) to elect, during the 60-day period that begins on the date the individual is so enrolled, to enroll in a different endorsed discount card program selected by such individual. Such a change shall be treated as an exceptional case for purposes of subparagraph (C)(iii).''. (b) Provision of Transitional Assistance.-- (1) In general.--Section 1860D-31(b) of such Act (42 U.S.C. 1395w-141(b)) is amended by adding at the end the following new paragraph: ``(5) Special rule for certain low-income beneficiaries in medicare savings programs.-- ``(A) In general.--Except as provided in subparagraph (C), individuals described in subsection (c)(1)(F)(ii) shall be treated as transitional assistance eligible individuals. ``(B) Special transitional assistance eligible individuals.--Except as provided in subparagraph (C), such individuals who are recipients of supplemental security income benefits under title XVI or determined to be eligible for medical assistance under title XIX solely by reason of clause (i), (iii), or (iv) of section 1902(a)(10)(E) shall be treated as special transitional assistance eligible individuals. ``(C) Application of disqualification for individuals with prescription drug coverage.--The Secretary shall not apply subparagraphs (A) and (B) in the case of an individual if the Secretary finds that there is reason to believe that the individual is described in paragraph (2)(B) (relating to individuals with certain prescription drug coverage).''. (2) Waiver of self-certification and verification.--Section 1860D-31(f) of such Act (42 U.S.C. 1395w-141(f)) is amended by adding at the end the following new paragraph: ``(5) Special rule for certain low-income beneficiaries in medicare savings programs.--The provisions of paragraphs (2) and (3) shall not apply to individuals who are treated as transitional assistance eligible individuals under subsection (b)(5).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 3. ASSURANCE OF ASSISTANCE FOR LOW-INCOME BENEFICIARIES IN MEDICARE SAVINGS PROGRAMS UNDER QUALIFIED PRESCRIPTION DRUG COVERAGE. (a) Automatic Enrollment.--Section 1860D-1(b)(1)(C) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(C)) is amended-- (1) by designating the matter beginning with ``The process established'' as a clause (i) with the heading ``In general.-- '' and an appropriate indentation; (2) by striking ``a full-benefit dual eligible individual (as defined in section 1935(c)(6)) who has failed to enroll in a prescription drug plan or an MA-PD plan'' and inserting ``described in clause (ii)''; and (3) by adding at the end the following new clauses: ``(ii) Individuals covered.--An individual described in this clause is an individual who-- ``(I) is a full-benefit dual eligible individual (as defined in section 1935(c)(6)), is a recipient of supplemental security income benefits under title XVI, or is determined to be eligible for medical assistance under title XIX solely by reason of clause (i), (iii), or (iv) of section 1902(a)(10)(E); and ``(II) has failed to enroll in a prescription drug plan or an MA-PD plan. ``(iii) Application of notice, opt-out, and grace period in change in enrollment provisions.--In carrying out this subparagraph, the Secretary shall provide for the application of notice and change in enrollment provisions with respect to enrollment in prescription drug plans and MA-PD plans similar to those provided under clauses (i), (iv), and (v) of section 1860D-31(c)(1)(F) with respect to enrollment in endorsed discount card programs.''. (b) Provision of Premium and Cost-Sharing Subsidies.--Section 1860D-14(a)(3)(B)(v) of such Act (42 U.S.C. 1395w-114(a)(3)(B)(v)) is amended to read as follows: ``(v) Treatment of medicaid beneficiaries and low-income beneficiaries in medicare savings programs.--Subject to subparagraph (F), the Secretary shall provide that the following individuals who are part D eligible individuals shall be treated as being determined to be subsidy eligible individuals described in paragraph (1): ``(I) Full-benefit dual eligible individuals (as defined in section 1935(c)(6)). ``(II) Individuals who are recipients of supplemental security income benefits under title XVI. ``(III) Individuals who are determined to be eligible for medical assistance under title XIX solely by reason of clause (i), (iii), or (iv) of section 1902(a)(10)(E).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).

Medicare Prescription Drug Low-Income Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process. Provides for automatic enrollment for MSP beneficiaries under the permanent Medicare part D prescription drug coverage program.

To amend part D of title XVIII of the Social Security Act to provide for low-income beneficiaries in the Medicare savings programs automatic enrollment and eligibility for low-income subsidies under the Medicare transitional and permanent prescription drug programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1997''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under title I and at which any cattle, sheep, swine, goats, or equines are slaughtered, or their carcasses, or parts or products thereof, are prepared, for use as human food, and with respect to the distribution of carcasses, parts thereof, meat, or meat food products of such animals within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, or equines prepared under State inspection in any State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under title I, in the same manner and to the same extent as products prepared at such establishments. ``(2) State inspected articles described in paragraph (1), and federally inspected articles prepared (in whole or in part) from such State inspected articles-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in any federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) All carcasses, parts of carcasses, meat, and meat food products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected articles prepared (in whole or in part) from such State inspected articles shall be identified as so inspected only by the same official marks as prescribed by the Secretary for articles slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Regarding Premises, Facilities, Operations, and Recordkeeping.--Requirements within the scope of this Act with respect to premises, facilities and operations of any establishment at which inspection is provided under title I, which are in addition to (or different than) those made under this Act may not be imposed by any State or Territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 202, if consistent with such section, with respect to any such establishment. ``(b) Requirements Regarding Marking, Labeling, Packaging, and Ingredients.--Marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of title I or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 301(d). ``(c) Concurrent Jurisdiction.--A State or territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements under this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(d) Other Activities.--This Act shall not preclude any State or Territory or the District of Columbia from imposing a requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Subsection (a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended by striking ``solely for distribution within such State.''. (b) Use of State Inspectors.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into agreements to utilize officers and employees of a State or the District of Columbia to conduct such examinations, investigations, and inspections authorized under this Act as the Secretary determines practicable.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Subsection (c)(3) of such section is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to all establishments within its jurisdiction which do not operate under Federal inspection under this Act and at which any poultry are slaughtered, or any poultry products are processed, for use as human food, and with respect to the distribution of poultry products within the States, the Secretary''. (d) Expansion of State Inspection Authority.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), poultry products processed under State inspection in any State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of products in establishments at which Federal inspection is maintained under this Act, in the same manner and to the same extent as poultry products processed at such establishments. Poultry products complying with the requirements of the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the products were processed shall be considered as complying with this Act. ``(2) State inspected poultry products described in paragraph (1), and federally inspected poultry products processed (in whole or in part) from such State inspected poultry products-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in any federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) All poultry products that are inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by official marks that identify the State and are such design as the State shall prescribe. Federally inspected poultry products processed (in whole or in part) from such State inspected poultry products shall be identified as so inspected only by the same official marks as prescribed by the Secretary for poultry products processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only on October 1 of any year. Such transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least six months in advance of that date; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner which would require Federal inspection. ``(6) For purposes of this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Regarding Premises, Facilities, Operations, and Recordkeeping.--Requirements within the scope of this Act with respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or territory or the District of Columbia. However, any such jurisdiction may impose recordkeeping and other requirements within the scope of section 11(b), if consistent with such section, with respect to any such establishment. ``(b) Requirements Regarding Marking, Labeling, Packaging, and Ingredients.--Marking, labeling, packaging, or ingredient requirements in addition to (or different than) those made under this Act may not be imposed by any State or territory or the District of Columbia with respect to articles prepared at any establishment under Federal inspection in accordance with the requirements of this Act or with respect to articles prepared for commerce at any State inspected establishment in accordance with the requirements of section 5(d). Further storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce shall not be imposed by any State or territory or the District of Columbia. ``(c) Concurrent Jurisdiction.--A State or territory or the District of Columbia may, consistent with the requirements of this Act, exercise concurrent jurisdiction with the Secretary over articles distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are not in compliance with the requirements of this Act and are outside of any federally or State inspected establishment, or in the case of imported articles, which are not at such an establishment, after their entry into the United States. ``(d) Other Activities.--This Act shall not preclude any State or territory or the District of Columbia from making requirements or taking other action, consistent with this Act, with respect to any other matters regulated under this Act.''.

Meat and Poultry Products Inspection Amendments of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act with respect to Federal and State cooperation to: (1) eliminate the intrastate limitation; (2) increase State inspection authority, including use of State inspectors; and (3) prohibit additional or different State requirements.

Meat and Poultry Products Inspection Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as ``Medicaid/SCHIP Optional Coverage for Young Adults Act of 2003''. SEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG ADULTS UP TO AGE 23. (a) In General.-- (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of the State, who have not attained 20, 21, or 22 years of age, as the State may elect)'' after ``have not attained 19 years of age''. (B) Clause (i) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose'' and inserting ``under the age of 23, or, at the option of the State, under the age of 22, 21, 20, 19, or 18 as the State may elect''. (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C. 1397jj(c)(1)) is amended by inserting after ``19 years of age'' the following: ``(or, at the option of the State and subject to the availability of additional allotments under section 2104(d), 20, 21, 22, or 23 years of age)''. (b) Availability of Enhanced Matching Funds.-- (1) Under medicaid.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in the fourth sentence of subsection (b), by striking ``or subsection (u)(3)'' and inserting ``, (u)(3), or (u)(4)(A)''; and (B) in subsection (u)-- (i) by adding at the end of paragraph (1) the following new subparagraph: ``(C) Only with respect to expenditures described in paragraph (4)(A), if the State is providing for benefits under its State child health plan under title XXI for children under 19 years of age exclusively through benefits under its State plan under this title, the State is also providing under such plan the benefits for individuals over 18 years of age who are eligible for such benefits only because of an election referred to in such paragraph.''; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) For purposes of the fourth sentence of subsection (b) and section 2105(a), the expenditures described in this paragraph are expenditures for medical assistance for individuals who are over 18 (and less than 23) years of age and who are eligible for such medical assistance because of an election by the State under section 1902(l)(1)(D) or clause (i) of section 1905(a).''. (2) Additional allotments for providing coverage of optional young adults.-- (A) In general.--Section 2104 of such Act (42 U.S.C. 1397dd) is amended by inserting after subsection (c) the following: ``(d) Additional Allotments for the Provision of Coverage to Optional Young Adults.-- ``(1) Appropriation; total allotment.--For the purpose of providing additional allotments to States under this title, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2004 through 2007, $200,000,000. ``(2) State and territorial allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (3), of the amount available for the additional allotments under paragraph (1) for a fiscal year, the Secretary shall allot to each State with a State child health plan approved under this title-- ``(A) in the case of such a State other than a commonwealth or territory described in subparagraph (B), the same proportion as the proportion of the State's allotment under subsection (b) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (b) for such States eligible for an allotment under this paragraph for such fiscal year; and ``(B) in the case of a commonwealth or territory described in subsection (c)(3), the same proportion as the proportion of the commonwealth's or territory's allotment under subsection (c) (determined without regard to subsection (f)) to the total amount of the allotments under subsection (c) for commonwealths and territories eligible for an allotment under this paragraph for such fiscal year. ``(3) Use of additional allotment.--Additional allotments provided under this subsection are not available for amounts expended before October 1, 2003. Such amounts are available for amounts expended on or after such date only for-- ``(A) expenditures described in section 1905(u)(4)(A); and ``(B) child health assistance for individuals who are targeted low-income children and over 18 years of age and who are low-income children only because of an election by the State under section 2110(c)(1).''. (B) Conforming amendments.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by inserting ``subject to subsection (d),'' after ``under this section,''; (ii) in subsection (b)(1), by inserting ``and subsection (d)'' after ``Subject to paragraph (4)''; and (iii) in subsection (c)(1), by inserting ``subject to subsection (d),'' after ``for a fiscal year,''. (c) Effective Date.--The amendments made by this section apply to items and services furnished on or after October 1, 2003, without regard to whether regulations implementing such amendments have been promulgated. SEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS. (a) In General.--The Secretary of Health and Human Services shall provide for grants to small and rural States (as defined by the Secretary) in order to enable such States to implement expansions of eligibility for children and young adults their State medicaid plans under title XIX of the Social Security Act and State child health plans under title XXI of such Act. Such grants shall be available for planning, implementation, and outreach with respect to such expanded eligibility populations. (b) Terms and Conditions.--Grants under this section shall be made available under such terms and conditions, including the approval of a grant application, as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide for grants under this section.

Medicaid/SCHIP Optional Coverage for Young Adults Act of 2003 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to give States the option of providing SCHIP and Medicaid coverage, with an enhanced matching rate, to low-income youth up to age 23. Directs the Secretary to provide for grants to small and rural States in order to enable them to implement expansions of eligibility for children and young adults under SSA titles XIX and XXI.

To amend titles XIX and XXI of the Social Security Act to permit States to cover low-income youth up to age 23 with an enhanced matching rate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidio Corporation Establishment Act''. SEC. 2. ESTABLISHMENT. (a) In General.--There is established within the Department of the Interior a public benefit corporation to be known as the Presidio Corporation (referred to in this Act as the ``Corporation''). (b) Duties.--The Corporation shall manage the leasing, maintenance, rehabilitation, repair, and improvement of property within the Presidio transferred pursuant to section 2 in accordance with this Act, the approved General Management Plan, (referred to in this Act as the ``Plan''), and the Act entitled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'', approved October 27, 1972 (16 U.S.C. 460bb). (c) Board of Directors.-- (1) Composition.--The powers and management of the Corporation shall be vested in a Board of Directors composed of-- (A) 9 voting members, including-- (i) the Director of the National Park Service, or a designee of such Director; (ii) the Secretary of the Army, or a designee of such Secretary; (iii) the Secretary of Transportation, or a designee of such Secretary; (iv) the Chairperson of the Golden Gate National Park Association; (v) the mayor of the city of San Francisco; (vi) 2 members to be appointed by the Secretary of the Interior (referred to in this Act as the ``Secretary'') from recommendations by the Speaker of the House of Representatives and the Majority Leader of the Senate, with national visibility and knowledge and experience in one or more of the fields of environmental studies, city planning, finance, real estate, engineering, or management; and (vii) 2 members who shall be residents of, and who shall be registered voters in, the city and county of San Francisco, with knowledge and experience in city planning, finance, and real estate; and (B) 5 nonvoting members, including-- (i) the Executive Director of the National Trust for Historic Preservation; (ii) the Chairman of the Golden Gate National Recreation Area Advisory Commission; (iii) a representative from among the entities occupying property at the Presidio, to be appointed by the Secretary; and (iv) 2 members to be appointed by the Secretary, with knowledge and experience in one or more of the fields of city planning, finance, real estate, engineering, or management. (2) Terms.-- (A) In general.--Each member of the Board of Directors appointed under clauses (vi) and (vii) of paragraph (1)(A) shall serve for a term of 4 years, except that of the initial appointments to the Board under clause (vii) of paragraph (1)(A), one shall be appointed for a term of 2 years, and one shall be appointed for a term of 3 years. (B) Vacancies.--Any vacancy on the Board of Directors shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy shall serve for the remainder of the term, if any, for which the predecessor of such member was appointed. Any member may continue to serve after the expiration of the term of such member until a successor is appointed. No appointed member may serve more than 12 consecutive years. (3) Chairperson and vice chairperson.--The Board of Directors shall elect a Chairperson and a Vice Chairperson from among the members of the Board of Directors. (4) Compensation.-- (A) In general.--Each member of the Board of Directors who is not an officer or employee of the Federal Government shall serve without compensation. Each member of the Board of Directors who is an officer or employee of the Federal Government shall serve without compensation in addition to that received for their services as an officer or employee of the Federal Government. (B) Travel expenses.--Each member of the Board of Directors shall be allowed travel expenses while away from the home or regular place of business of the member in the performance of services for the Corporation, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. (5) Meetings.--The Board of Directors shall meet at the call of the Chairperson, who shall require the Board of Directors to meet not less often than once every 90 days. (6) Quorum.--A majority of the members of the Board of Directors shall constitute a quorum. (7) Staff.-- (A) In general.--The Chairperson may appoint and terminate an executive director and such other additional personnel as may be necessary for the efficient administration of the Corporation. In selecting persons for appointment to the staff of the Corporation, other than the executive director, priority consideration shall be given to appointing staff (other than the executive director) from among persons with knowledge and experience in the fields of finance and real estate (including property management). (B) Compensation.--The Chairperson may fix the compensation of the executive director and such other personnel of the Corporation without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service, and without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, United States Code (relating to classification and General Schedule pay rates). (8) Procurement of services of experts and consultants.-- The Chairperson may procure the services of experts or consultants, or organizations, including urban planners, architects, engineers, and appraisers. (9) Capacity to sue and be sued.--The Corporation may sue and be sued in its name, except that the Directors of the Board shall not be personally liable except for gross negligence. (10) Rules governing corporation.--The Corporation may adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised. (11) Perpetual succession.--The Corporation shall have perpetual succession. (12) Official seal.--The Corporation shall have an official seal selected by the Board which shall be judicially noticed. (13) Authority to negotiate.--The Corporation may negotiate directly with the State Historic Preservation Office and the Advisory Council on Historic Preservation to develop agreements concerning the reuse of historic structures managed by the Corporation, to maximize the potential for securing tenants. (14) Use of federal personnel, facilities, and services.-- The Secretary or other Cabinet officers may provide personnel, facilities, and other administrative services to the Corporation to assist it in carrying out its duties under this Act. (15) Taxes.--The Corporation shall be exempt from all taxes and special assessments of every kind of the United States, the State of California, and its political subdivisions, including the city and county of San Francisco. (16) Financial records.--The financial records of the Corporation shall be available for inspection by the Secretary at any time and shall be audited by a reputable firm of certified public accountants not less frequently than once each year. Such audit shall be made available to the Secretary and the Congress. (17) Application of other laws.--All general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or property of the United States shall apply to the moneys and property of the Corporation. (18) Reversion.--In the event of failure or default, all interests and assets of the Corporation shall revert to the United States to be administered by the Secretary. SEC. 3. LEASEHOLD. (a) In General.--The Secretary of the Interior shall transfer to the Corporation, under such terms and conditions as the Secretary determines appropriate, a leasehold in the following properties within the Presidio: (1) The Letterman-LAIR complex. (2) Fort Scott. (3) Main Post. (4) Golden Gate. (5) Cavalry Stables. (6) Presidio Hill. (7) Wherry Housing. (8) East Housing. (9) The structures at Crissy Field. (10) Such other buildings within the Presidio as the Secretary determines appropriate. (b) Term.--The term of the leasehold transferred pursuant to subsection (a) shall be for a period sufficient to enable the Corporation to obtain the most beneficial financing arrangements. (c) Buildings.--The Secretary shall not transfer to the Corporation any buildings necessary to carry out the activities of the National Park Service. (d) Transfer of Existing Leaseholds.--The Secretary shall transfer all leases existing on the date of enactment of this Act affecting the property that is the subject of the leasehold described in subsection (a). SEC. 4. DUTIES AND AUTHORITIES. (a) Management.--The Corporation shall manage, maintain, improve, and repair the properties described in section 3. (b) Advertisement.--The Corporation shall publish and disseminate information to potential occupants, by advertisement, solicitation, or other means, regarding the availability of the property within the Presidio managed by the Corporation. (c) Plans.--The Corporation may prepare, or cause to be prepared, plans, specifications, designs, and estimates of costs for rehabilitating, improving, altering, or repairing property managed by the Corporation, and from time to time may modify such plans, specifications, designs, or estimates. (d) Agreements.--The Corporation may enter into contracts, including leases, cooperative agreements, or other agreements, with any governmental entity, private or nonprofit organization, individual, firm, association, organization, or corporation for the occupancy of property within the Presidio managed by the Corporation. (e) Bidding Procedures.--The Corporation shall establish competitive bidding procedures to be used for the issuance of leases and contracts under this Act. (f) Federal Procurement Laws.--The Federal procurement laws shall not apply to the Corporation. (g) Regulations.--The Corporation shall establish (through easements, covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to maintain and protect the property managed by the Corporation. (h) Loans.--The Corporation may make loans to the occupants of property managed by the Corporation for the preservation, restoration, maintenance, or repair of such property. (i) Technical Assistance.--The Corporation may provide technical assistance to occupants of property managed by the Corporation, to repair or improve the property or to apply for loans under subsection (h). (j) Donations.--The Corporation may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations, and other private entities, and from public entities, to carry out its duties. (k) Revenues.-- (1) In general.--Except as provided in paragraph (2), the Corporation may retain revenues from leases or other agreements concerning property managed by the Corporation, including preexisting leases or agreements, and donations, and use the revenues to defray the costs of administration, preservation, restoration, operation, maintenance, repair, and related expenses incurred by the Corporation with respect to such properties. (2) Amount transferred to secretary.--The Corporation shall transfer to the Secretary such portion of the revenues described in paragraph (1) as agreed to by the Board of Directors and the Secretary. The Secretary shall expend the amount transferred pursuant to this paragraph for the maintenance of the common property. (l) Authority To Borrow Funds.-- (1) In general.--The Corporation may borrow funds from public or private sources to carry out the duties of the Corporation under this Act. (2) Evidence of indebtedness.--The Corporation may issue evidence of indebtedness and may provide collateral to secure such indebtedness (including a mortgage or pledge of the interest of the Corporation in revenues or the leasehold in property described in section 3). (3) Loans from treasury.--The Corporation may borrow funds from the Treasury of the United States, in such amounts as may be authorized in appropriations acts, to carry out the duties of the Corporation under this Act. Loans from the Treasury shall have such maturities, terms, and conditions as agreed upon by the Corporation and the Secretary of the Treasury, and may be redeemable at the option of the Corporation before maturity. (4) Investment.--Except with respect to funds obtained from the Federal Government, the Corporation may invest any funds not required for immediate use or disbursement, with the approval of the Secretary of the Treasury, in obligations of the United States Government, or obligations the principal and interest that are guaranteed by the United States Government. (m) Delegation of Authority.--The Corporation may execute all instruments necessary or appropriate in the exercise of any of its functions under this Act, and may delegate to the executive director such of its powers and responsibilities as are appropriate and useful for the administration of the Corporation. (n) Procurement of Goods and Services.--The Corporation may obtain by purchase, rental, donation, or otherwise, such goods and services as are necessary to carry out its duties under this Act. In the event of the termination of the Corporation, all property and unexpended funds shall be transferred to the Department of the Interior. (o) Insurance.--The Corporation shall procure insurance against any loss in connection with the properties managed by the Corporation. (p) Volunteers.--The Secretary may accept, without regard to the Civil Service classification laws, rules, or regulations, the services of the Corporation, the Board, and the officers and employees of the Board, without compensation from the Department of the Interior, as volunteers in the performance of the functions authorized herein, in the manner provided for under Public Law 91-357 (16 U.S.C. 18g et seq.). (q) Savings Clause.--Nothing in this Act shall preclude the Secretary from exercising any of the lawful powers of the Secretary within the Presidio. (r) Affirmative Action.--The Corporation shall ensure that affirmative steps are taken, consistent with other Federal law, to afford equal access and equal opportunities for leases, concessions, contracts, subcontracts, and other contracting and employment opportunities to minorities, women, and other socially and economically disadvantaged individuals, commensurate with local availability. SEC. 5. REPORT. Not later than January 5 of each year, and at such other times as it deems desirable, the Corporation shall transmit to the Secretary and the Congress, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as are necessary to carry out this Act. (b) Limitation.--The aggregate of funds made available pursuant to this Act and the Act entitled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'', approved October 27, 1972 (16 U.S.C. 460bb) shall not exceed $25,000,000 in any fiscal year.

Presidio Corporation Establishment Act - Establishes within the Department of the Interior the Presidio Corporation to manage the leasing, maintenance, rehabilitation, repair, and improvement of the following properties within the Presidio in California, leaseholds to which shall be transferred, pursuant to this Act, by the Secretary of the Interior to the Corporation: (1) the Letterman-LAIR complex; (2) Fort Scott; (3) Main Post; (4) Golden Gate; (5) Calvary Stables; (6) Presidio Hill; (7) Wherry Housing; (8) East Housing; (9) the structures at Crissy Field; and (10) such other buildings within the Presidio as the Secretary determines appropriate. Reverts all interests and assets of the Corporation to the United States in the event the Corporation fails or defaults. Requires the Corporation to establish competitive bidding procedures for issuance of leases and contracts under this Act. Authorizes appropriations.

Presidio Corporation Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Parity Act of 2014''. SEC. 2. DETERMINATION OF VALID MARRIAGE UNDER THE SOCIAL SECURITY ACT. (a) In General.--Section 216(h)(1)(A)(i) of the Social Security Act (42 U.S.C. 416(h)(1)(A)(i)) is amended by striking ``is domiciled'' and all that follows through ``the District of Columbia,'' and inserting ``and such applicant were married (or, if such insured individual and such applicant were not married in any State but were validly married in another jurisdiction, the courts of any State)''. (b) Effective Date.--The amendments made by this section shall apply to all final determinations of family status made after June 26, 2013. SEC. 3. ALTERNATIVE METHOD OF MEETING NINE-MONTH REQUIREMENT FOR WIDOWS, STEPCHILDREN, OR WIDOWERS IN CERTAIN CASES. Section 216(k) of the Social Security Act (42 U.S.C. 416(k)) is amended-- (1) in the section heading, by striking ``in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty, or in Case of Remarriage to the Same Individual'' and inserting ``in certain cases''; (2) in paragraph (1), by striking ``or'' at the end; (3) in paragraph (2)(B), by adding ``or'' at the end; and (4) by inserting after paragraph (2) the following: ``(3)(A) in the case of a widow or widower of such individual whose marriage to such individual would not have been treated as a marriage for purposes of Federal law prior to June 26, 2013, such widow or widower-- ``(i) became the wife or husband of such individual (or was deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii))-- ``(I) if such widow or widower is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before March 26, 2014; and ``(II) if such widow or widower is domiciled in any other State-- ``(aa) before March 26, 2014; or ``(bb) if applicable, during the 9- month period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and ``(ii) provides a sworn affidavit that the widow or widower was married to, or in a domestic partnership with, such individual throughout the 9-month period ending on the date of the individual's death; or ``(B) the stepchild of such individual-- ``(i) became the stepchild of such individual as a result of a parent of the stepchild becoming the wife or husband of such individual (or being deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii))-- ``(I) if such parent is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before March 26, 2014; and ``(II) if such parent is domiciled in any other State-- ``(aa) before March 26, 2014; or ``(bb) if applicable, during the 9- month period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and ``(ii) provides a sworn affidavit that such parent was married to, or in a domestic partnership with, such individual throughout the 9-month period ending on the date of the individual's death;''. SEC. 4. ALTERNATIVE METHOD OF MEETING 1-YEAR REQUIREMENT FOR WIVES, STEPCHILDREN, OR HUSBANDS IN CERTAIN CASES. The requirement in section 216(b)(2) of the Social Security Act (42 U.S.C. 416) and the requirement in section 216(f)(2) of such Act that the spouse of an individual shall have been married to such individual for a period of not less than 1 year immediately preceding the day on which the spouse's application for wife's or husband's insurance benefits is filed in order to qualify as such individual's wife or husband, and the requirement in section 216(e)(2) of such Act that the stepchild of an individual shall have been such stepchild for not less than 1 year immediately preceding the day on which application for child's insurance benefits is filed in order to qualify as such individual's child, shall be deemed to be satisfied, where such application is filed within the applicable 1-year period, if-- (1) in the case of a wife or husband of such individual whose marriage to such individual would not have been treated as a marriage for purposes of Federal law prior to June 26, 2013, such wife or husband-- (A) became the wife or husband of such individual (or was deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii) of such Act)-- (i) if such wife or husband is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before June 26, 2014; and (ii) if such wife or husband is domiciled in any other State-- (I) before June 26, 2014; or (II) if applicable, during the 1- year period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (B) provides a sworn affidavit that the wife or husband was married to, or in a domestic partnership with, such individual throughout the 1-year period ending on the date of the application for wife's or husband's insurance benefits; or (2) the stepchild of such individual-- (A) became the stepchild of such individual as a result of a parent of the stepchild becoming the wife or husband of such individual (or being deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii) of such Act)-- (i) if such parent is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before June 26, 2014; and (ii) if such parent is domiciled in any other State-- (I) before June 26, 2014; or (II) if applicable, during the 1- year period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (B) provides a sworn affidavit that such parent was married to, or in a domestic partnership with, such individual throughout the 1-year period ending on the date of the application for child's insurance benefits. SEC. 5. NOTIFICATION OF CHANGES IN LAW; OUTREACH CAMPAIGN. (a) In General.--As soon as practicable after the date of the enactment of this Act but not later than December 31, 2014, the Commissioner of Social Security shall conduct a comprehensive and effective 3-year outreach campaign to encourage individuals newly eligible for benefits under title II of the Social Security Act as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013, including this Act and the amendments made thereby, to apply for such benefits. Such outreach campaign shall include direct notification regarding such changes in law to current beneficiaries and to individuals approaching retirement. (b) Report to Congress.--Not later than December 31 of each of the 1st 3 calendar years beginning with 2015, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a description of the educational and outreach activities conducted by the Commissioner of Social Security under subsection (a) during the preceding year; (2) the number of applications for benefits under title II of the Social Security Act filed as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013, including this Act and the amendments made thereby, in the preceding year; and (3) the number of such applications which resulted in entitlement to benefits.

Social Security and Medicare Parity Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to the determination of a valid marriage to account for marriages in jurisdictions other than a state. Authorizes the courts of any state to find that an OASDI benefit applicant and an insured individual were validly married in a jurisdiction other than a state at the time the applicant files a benefit application or, if the insured individual is dead, at the time the individual died. Waives the nine-month marriage requirement to make eligible for widow or widower benefits certain widows or widowers whose marriage to a deceased individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the deceased individual as a result of such a marriage. Waives the one-year marriage requirement to make eligible for husband's or wife's OASDI benefits certain husbands and wives whose marriage to an individual would not have been treated as a marriage for federal law purposes before June 26, 2013. Waives the same requirement for anyone who became a stepchild of the individual as a result of such a marriage. Directs the Commissioner of Social Security to conduct a comprehensive and effective three-year outreach campaign to encourage benefit applications by individuals newly eligible for OASDI benefits as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013.

Social Security and Medicare Parity Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Stop Illegal Trafficking in Firearms Act of 2017''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Anti-straw purchasing and firearms trafficking amendments. Sec. 4. Amendments to section 922(d). Sec. 5. Amendments to section 924(a). Sec. 6. Amendments to section 924(h). Sec. 7. Amendments to section 924(k). SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `purchases' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or ``(ii) export the firearm or ammunition in violation of law; ``(K) who does not reside in any State; or ``(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K). ``(c)(1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b)(1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``Sec. 934. Forfeiture and fines ``(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. ``(2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; and ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``and 924'' and inserting ``, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections of chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 4. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 5. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or ``(C) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. ``(2) A person who, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''.

Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person, (2) to sell or transfer a firearm to further a crime of violence or drug trafficking offense, or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises the existing prohibition on transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense. It broadens the scope of the prohibition and increases the maximum prison term for a violator. The bill also revises the existing prohibition on smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of the prohibition and increases the maximum prison term for a violator. Finally, the bill makes it a crime to smuggle a firearm or ammunition out of the United States, or conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence or drug trafficking offense.

Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get Real Incentives to Drive Plug-in Act''. SEC. 2. DEFINITION. For purposes of this Act, the term ``plug-in hybrid electric vehicle'' means an on-road or nonroad vehicle that is propelled by an internal combustion engine or heat engine using-- (1) any combustible fuel; (2) an on-board, rechargeable storage device; and (3) a means of using an off-board source of electricity. SEC. 3. RESEARCH AND DEVELOPMENT GRANTS. (a) In General.--The Secretary of Transportation shall establish a program to make grants to owners of domestic motor vehicle manufacturing or production facilities for research and development on plug-in hybrid electric vehicles. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for carrying out this section $500,000,000 for the period encompassing fiscal years 2008 through 2012. SEC. 4. PILOT PROJECT. The Secretary of Transportation shall establish a pilot project to determine how best to integrate plug-in hybrid electric vehicles into the electric power grid and into the overall transportation infrastructure. SEC. 5. TEST SITE. The Secretary of Transportation shall establish a test site for the advancement of battery technologies for plug-in hybrid electric vehicles, to be modeled after the Department of Transportation's NHTSA Vehicle Research and Test Center in Ohio. SEC. 6. PLAN. Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, in collaboration with the Secretary of Energy, shall transmit to Congress a plan for the introduction and implementation of a plug-in hybrid electric vehicle support infrastructure. SEC. 7. PLUG-IN HYBRID MOTOR VEHICLE TAX CREDIT. (a) In General.--Section 30B of the Internal Revenue Code of 1986 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection: ``(i) New Plug-in Hybrid Motor Vehicle Credit.-- ``(1) In general.--For purposes of subsection (a), the new plug-in hybrid motor vehicle credit determined under this subsection with respect to a new qualified plug-in hybrid motor vehicle placed in service by the taxpayer during the taxable year is $3,000, if such vehicle is a new qualified plug-in hybrid motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds. ``(2) New qualified plug-in hybrid motor vehicle.--For purposes of this subsection, the term `new qualified plug-in hybrid motor vehicle' means a motor vehicle-- ``(A) which is propelled by an internal combustion engine or heat engine using-- ``(i) any combustible fuel, ``(ii) an on-board, rechargeable storage device, and ``(iii) a means of using an off-board source of electricity, ``(B) which, in the case of a passenger automobile or light truck, has received on or after the date of the enactment of this section a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, ``(C) the original use of which commences with the taxpayer, ``(D) which is acquired for use or lease by the taxpayer and not for resale, and ``(E) which is made by a manufacturer.''. (b) Conforming Amendments.-- (1) Section 30B(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by adding at the end the following new paragraph: ``(5) the new plug-in hybrid motor vehicle credit determined under subsection (i).''. (2) Section 30B(k)(2) of such Code, as redesignated by subsection (a), is amended by striking ``or'' and inserting a comma and by inserting ``, or a new qualified plug-in hybrid motor vehicle (as described in subsection (i)(2))'' after ``subsection (d)(2)(A))''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. SEC. 8. REQUIREMENT REGARDING PURCHASE OF MOTOR VEHICLES BY EXECUTIVE AGENCIES. (a) In General.--At least 10 percent of the motor vehicles purchased by an Executive agency in any fiscal year shall be comprised of plug-in hybrid electric vehicles. (b) Definitions.--In this section: (1) The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code, but also includes Amtrak, the Smithsonian Institution, and the United States Postal Service. (2) The term ``motor vehicle'' has the meaning given that term in section 102(7) of title 40, United States Code. (c) Pro-Rated Applicability in Year of Enactment.--In the fiscal year in which this Act is enacted, the requirement in subsection (a) shall only apply with respect to motor vehicles purchased after the date of the enactment of this Act in such fiscal year.

Get Real Incentives to Drive Plug-in Act - Directs the Secretary of Transportation to establish: (1) a program to make grants to motor vehicle manufacturers for research and development on plug-in hybrid electric vehicles; (2) a pilot project on how best to integrate plug-in hybrid electric vehicles into the electric power grid and into the overall transportation infrastructure; and (3) a test site for the advancement of battery technologies for such vehicles. Amends the Internal Revenue Code to establish a tax credit for taxpayers who own or lease a new plug-in hybrid motor vehicle. Requires at least 10% of the motor vehicles purchased by a federal agency in any fiscal year to be plug-in hybrid electric vehicles.

To promote the development and use of plug-in hybrid electric vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Federal Medical Assistance Percentage Act of 1999''. SEC. 2. EQUITABLE DETERMINATION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following: ``(v) Determination of Equitable Federal Medical Assistance Percentage.-- ``(1) In general.--Except as provided in paragraph (4), the equitable Federal medical assistance percentage determined under this subsection is, for any State for a fiscal year, 100 percent reduced by the product of 0.45 and the ratio of-- ``(A) the State's share of cost-adjusted total taxable resources determined under paragraph (2); to ``(B) the State's share of program need determined under paragraph (3). ``(2) Determination of state's share of cost-adjusted total taxable resources.-- ``(A) In general.--For purposes of paragraph (1)(A), with respect to a State, the State's share of cost-adjusted total taxable resources is the ratio of-- ``(i)(I) an amount equal to the most recent 3-year average of the total taxable resources (TTR) of the State, as determined by the Secretary of the Treasury; divided by ``(II) the most recent 3-year average of the State's geographic health care cost index (as determined under subparagraph (B)); to ``(ii) an amount equal to the sum of the amounts determined under clause (i) for all States. ``(B) State's geographic health care cost index.-- ``(i) In general.--For purposes of subparagraph (A)(i)(II), the geographic health care cost index for a State for a fiscal year is the sum of-- ``(I) 0.10; ``(II) 0.75 multiplied by the ratio of-- ``(aa) the most recent 3- year average annual wages for hospital employees in the State or the District of Columbia (as determined under clause (ii)); to ``(bb) the most recent 3- year average annual wages for hospital employees in the 50 States and the District of Columbia (as determined under that clause); and ``(III) 0.15 multiplied by the State's fair market rent index (as determined under clause (iii)). ``(ii) Determination of average annual wages of hospital employees.--The Secretary shall provide for the determination of the most recent 3-year average annual wages for hospital employees in a State or the District of Columbia and, collectively, in the 50 States and the District of Columbia, based on the area wage data applicable to hospitals under section 1886(d)(3)(E) (or, if such data no longer exists, comparable data of hospital wages) for discharges occurring during the fiscal years involved. ``(iii) Determination of fair market rent index.--For purposes of clause (i)(III), a State's fair market rent index is the ratio of-- ``(I) the average annual fair market rent for 2-bedroom housing units in the State or the District of Columbia, to be determined by the Secretary of Housing and Urban Development for the most recent 3 fiscal years for which data are available; to ``(II) the average annual fair market rent for such housing units for all States for such 3 fiscal years, as so determined. ``(3) Determination of state's share of program need.-- ``(A) In general.--For purposes of paragraph (1)(B), with respect to a State, the State's share of program need is the ratio of-- ``(i) the State's program need determined under subparagraph (B); to ``(ii) the sum of the amounts determined under clause (i) for all States. ``(B) Determination of state program need.-- ``(i) In general.--For purposes of subparagraph (A)(i), a State's program need is equal to the average (determined for the most recent 5 fiscal years for which data are available) of the sum of the products determined under clause (iv) for each such fiscal year (based on the number of State residents whose income is below the State's cost-of-living adjusted poverty income level (as determined under clauses (ii) and (iii)). ``(ii) Determination of number of state residents with incomes below the State's cost- of-living adjusted poverty level.-- ``(I) In general.--For purposes of clause (iv), with respect to each State and the District of Columbia, the number of residents whose income for a fiscal year is below the State's cost- of-living adjusted poverty income level applicable to a family of the size involved (as determined under clause (iii)) shall be determined. ``(II) Census data.--The determination of the number of residents under subclause (I) shall be based on data made generally available by the Bureau of the Census from the Current Population Survey. ``(iii) Determination of state's cost-of- living adjusted poverty income level.-- ``(I) In general.--For purposes of clause (ii)(I), a State's cost-of- living adjusted poverty income level is the product of-- ``(aa) the United States poverty income threshold for the fiscal year involved (as defined by the Office of Management and Budget for general statistical purposes); and ``(bb) the State's cost-of- living index (as determined under subclause (II)). ``(II) Determination of state's cost-of-living index.--Subject to subclause (III), a State's cost-of- living index is the sum of-- ``(aa) 0.56; and ``(bb) the product of 0.44 and the State's fair market rent index determined under paragraph (2)(B)(iii). ``(III) Alternate methodology.--The Commissioner of Labor Statistics may use an alternate methodology to the formula set forth under subclause (II) to determine a State's cost-of-living index for purposes of subclause (I)(bb) if the Commissioner determines that the alternate methodology results in a more accurate determination of that index. ``(iv) Weighting of age categories of residents in poverty to account for higher cost populations.--For purposes of clause (i), the products determined under this clause for a fiscal year are the following: ``(I) Weighting of elderly residents in poverty.--The number of residents determined under clause (ii) of the State or the District of Columbia for the fiscal year who have attained age 65 multiplied by 3.65. ``(II) Weighting of adult residents in poverty.--The number of residents determined under clause (ii) of the State or the District of Columbia for the fiscal year who have attained age 21 but have not attained age 65 multiplied by 1.0. ``(III) Weighting of children in poverty.--The number of residents determined under clause (ii) of the State or the District of Columbia for the fiscal year who have not attained age 21 multiplied by 0.5. ``(4) Special rules.--For purposes of this subsection and subsection (b), the equitable Federal medical assistance percentage is-- ``(A) in the case of the District of Columbia, the percentage determined under this subsection for the District of Columbia (without regard to this paragraph) multiplied by 1.4.; and ``(B) in the case of Alaska, 59.8 percent.''. (b) Conforming Amendments.--Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``100 per centum'' and all that follows through ``Hawaii'' and inserting ``the equitable Federal medical assistance percentage determined under subsection (v)''; (2) in paragraph (1), by striking ``50 per centum or more than 83 per centum,,'' and inserting ``50 percent or more than 83 percent, and''; and (3) in paragraph (2), by striking ``50 per centum'' and all that follows through the period at the end of paragraph (3) and inserting ``50 percent.''. (c) Effective Date.--The amendments made by this Act take effect on October 1, 1999.

Equitable Federal Medical Assistance Percentage Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to provide for the stated purpose of determining an equitable Federal medical assistance percentage for use under Medicaid.

Equitable Federal Medical Assistance Percentage Act of 1999

SECTION 1. IMMEDIATE ENTITLEMENT TO BENEFITS IN PRORATED AMOUNT FOR FIRST MONTH IN WHICH REQUIREMENTS ARE MET. (a) Old-Age Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``beginning with--'' and all that follows and inserting the following: ``beginning with the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3) and ending with the month preceding the month in which he or she dies.''. (2) Proration for first month.--The second sentence of section 202(a) of such Act (42 U.S.C. 402(a)) is amended by inserting before the period at the end the following: ``; except that, in the case of an individual who has attained age 62 but has not attained retirement age (as defined in section 216(1)), the benefit for the first month in which he or she meets the criteria specified in paragraphs (1), (2), and (3) of this subsection shall be equal to an amount which bears the same ratio to the benefit which would be determined for such individual under the preceding provisions of this sentence as the number of days in such month on which he or she meets such criteria bears to 30''. (b) Wife's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(b)(2) of such Act (42 U.S.C. 402(b)(2)) is amended by inserting before the period at the end the following: ``; except that, in the case of a wife or divorced wife who has not attained retirement age (as defined in section 216(1)) or whose husband (or, in the case of a divorced wife, whose former husband) is entitled to disability insurance benefits, the benefit for the first month in which she meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for her under the preceding provisions of this paragraph as the number of days in such month on which she meets such criteria bears to 30''. (c) Husband's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(c)(3) of such Act (42 U.S.C. 402(c)(3)) is amended by inserting before the period at the end the following: ``; except that, in the case of a husband or divorced husband who has not attained retirement age (as defined in section 216(1)) or whose wife (or, in the case of a divorced husband, whose former wife) is entitled to disability insurance benefits, the benefit for the first month in which he meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for him under the preceding provisions of this paragraph as the number of days in such month on which he meets such criteria bears to 30''. (d) Child's Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by striking ``beginning with--'' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which such meets the criteria specified in subparagraphs (A), (B), and (C) and ending with''. (2) Proration for first month.--The first sentence of section 202(d)(2) of such Act (42 U.S.C. 402(d)(2)) is amended by inserting before the period at the end the following: ``; except that the benefit for the first month in which the child meets the criteria specified in subparagraphs (A), (B), and (C) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for the child under the preceding provisions of this sentence as the number of days in such month on which the child meets such criteria bears to 30''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to individuals whose first month of entitlement to benefits under subsection (a), (b), (c), or (d) of section 202 of the Social Security Act (determined without regard to section 202(j)(1) of such Act) is a month after the month in which this Act is enacted.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide prorated old-age and survivors benefits for the first month in which individuals become eligible for such benefits. (Currently benefits do not apply until the first full month of eligibility.)

To amend title II of the Social Security Act to provide that an applicant for old-age, wife's, husband's, or child's insurance benefits who under present law does not qualify for a benefit for the first month in which he or she meets the applicable entitlement conditions shall be entitled to a prorated benefit for that month.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Harmful Algal Blooms and Hypoxia Amendments Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and Control Act of 1998. Sec. 3. Findings. Sec. 4. Purpose. Sec. 5. Interagency task force on harmful algal blooms and hypoxia. Sec. 6. National harmful algal bloom and hypoxia program. Sec. 7. Regional research and action plans. Sec. 8. Reporting. Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia. Sec. 10. Interagency financing. Sec. 11. Application with other laws. Sec. 12. Definitions. Sec. 13. Authorization of appropriations. SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998. Except as otherwise expressly provided, whenever in this title 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 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). SEC. 3. FINDINGS. Section 602 is amended-- (1) by striking paragraph (8) and inserting the following: ``(8) harmful algal blooms and hypoxia can be triggered and exacerbated by increases in nutrient loading from point and non-point sources, much of which originates in upland areas and is delivered to marine and freshwater bodies via river discharge, thereby requiring integrated and landscape-level research and control strategies;''; (2) by striking ``and'' after the semicolon in paragraph (11); (3) by striking ``hypoxia.'' in paragraph (12) and inserting ``hypoxia;''; and (4) by adding at the end thereof the following: ``(13) harmful algal blooms and hypoxia affect many sectors of the coastal economy, including tourism, public health, and recreational and commercial fisheries; and according to a recent report produced by NOAA, the United States seafood and tourism industries suffer annual losses of $82 million due to economic impacts of harmful algal blooms; ``(14) global climate change and its effect on oceans and the Great Lakes may ultimately play a role in the increase or decrease of harmful algal bloom and hypoxic events; ``(15) proliferations of harmful and nuisance algae can occur in all United States waters, including coastal areas and estuaries, the Great Lakes, and inland waterways, crossing political boundaries and necessitating regional coordination for research, monitoring, mitigation, response, and prevention efforts; and ``(16) following passage of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, Federally-funded and other research has led to several technological advances, including remote sensing, molecular and optical tools, satellite imagery, and coastal and ocean observing systems, that provide data for forecast models, improve the monitoring and prediction of these events, and provide essential decision making tools for managers and stakeholders.''. SEC. 4. PURPOSE. The Act is amended by inserting after section 602 the following: ``SEC. 602A. PURPOSES. ``The purposes of this Act are-- ``(1) to provide for the development and coordination of a comprehensive and integrated national program to address harmful algal blooms, hypoxia, and nuisance algae through baseline research, monitoring, prevention, mitigation, and control; ``(2) to provide for the assessment and consideration of regional and national ecosystem, socio-economic, and human health impacts of harmful and nuisance algal blooms and hypoxia, and integration of that assessment into marine and freshwater resource decisions; and ``(3) to facilitate regional, State, and local efforts to develop and implement appropriate harmful algal bloom and hypoxia event response plans, strategies, and tools including outreach programs and information dissemination mechanisms.''. SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA. (a) Federal Representatives.--Section 603(a) is amended-- (1) by striking ``The Task Force shall consist of the following representatives from--'' and inserting ``The Task Force shall consist of representatives of the Office of the Secretary from each of the following departments and of the office of the head of each of the following Federal agencies:''; (2) by striking ``the'' in paragraphs (1) through (11) and inserting ``The''; (3) by striking the semicolon in paragraphs (1) through (10) and inserting a period. (4) by striking ``Quality; and'' in paragraph (11) and inserting ``Quality.''; and (5) by striking ``such other'' in paragraph (12) and inserting ``Other''. (b) State Representatives.--Section 603 is amended-- (1) by redesignating subsections (b) through (i) as subsections (c) through (j), respectively; (2) by inserting after subsection (a) the following: ``(b) State Representatives.--The Secretary shall establish criteria for determining appropriate States to serve on the Task Force and establish and implement a nominations process to select representatives from 2 appropriate States in different regions, on a rotating basis, to serve 2-year terms on the Task Force.''; (3) in subsection (h), as redesignated-- (A) by striking ``Not less than once every 5 years the'' in paragraph (1) and inserting ``The''; (B) by striking ``The first such'' in paragraph (1) and inserting ``The''; (C) by striking ``assessments'' in paragraph (2) and inserting ``assessment''; and (4) in subsection (i), as redesignated-- (A) by striking ``Not less than once every 5 years the'' in paragraph (1) and inserting ``The''; (B) by striking ``The first such'' in paragraph (1) and inserting ``The''; (C) by striking ``All subsequent assessments'' in paragraph (1) and inserting ``The assessment''; and (D) by striking ``assessments'' in paragraph (2) and inserting ``assessment''. SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. The Act is amended by inserting after section 603 the following: ``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. ``(a) Establishment.--The President, acting through the Task Force, shall establish and maintain a national program for integrating efforts to address harmful algal bloom and hypoxia research, monitoring, prediction, control, mitigation, prevention, and outreach. ``(b) Task Force Functions.--The Task Force shall be the oversight body for the development and implementation of the national harmful algal bloom and hypoxia program and shall-- ``(1) coordinate interagency review of plans and policies of the Program; ``(2) promote and review interagency work and spending plans for implementing the activities of the Program; ``(3) review the Program's distribution of Federal grants and funding to address research priorities; ``(4) support implementation of the actions and strategies identified in the regional research and action plans under subsection (d); ``(5) support the development of institutional mechanisms and financial instruments to further the goals of the program; ``(6) expedite the interagency review process and ensure timely review and dispersal of required reports and assessments under this Act; and ``(7) promote the development of new technologies for predicting, monitoring, and mitigating harmful algal blooms and hypoxia conditions. ``(c) Lead Federal Agency.--NOAA shall be the lead Federal agency for implementing and administering the National Harmful Algal Bloom and Hypoxia Program. ``(d) Responsibilities.--The Program shall-- ``(1) promote a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine harmful algal bloom and hypoxia events; ``(2) plan, coordinate, and implement the National Harmful Algal Bloom and Hypoxia Program; and ``(3) report to the Task Force via the Administrator. ``(e) Duties.-- ``(1) Administrative duties.--The Program shall-- ``(A) prepare interagency work and spending plans for implementing the activities of the Program and developing and implementing the Regional Research and Action Plans; ``(B) administer merit-based, competitive grant funding to support the projects maintained and established by the Program, and to address the research and management needs and priorities identified in the Regional Research and Action Plans; ``(C) coordinate NOAA programs that address harmful algal blooms and hypoxia and other ocean and Great Lakes science and management programs and centers that address the chemical, biological, and physical components of harmful algal blooms and hypoxia; ``(D) coordinate and work cooperatively with other Federal, State, and local government agencies and programs that address harmful algal blooms and hypoxia; ``(E) coordinate with the State Department to support international efforts on harmful algal bloom and hypoxia information sharing, research, mitigation, and control.''. ``(F) coordinate an outreach, education, and training program that integrates and augments existing programs to improve public education about and awareness of the causes, impacts, and mitigation efforts for harmful algal blooms and hypoxia; ``(G) facilitate and provide resources for training of State and local coastal and water resource managers in the methods and technologies for monitoring, controlling, and mitigating harmful algal blooms and hypoxia; ``(H) support regional efforts to control and mitigate outbreaks through-- ``(i) communication of the contents of the Regional Research and Action Plans and maintenance of online data portals for other information about harmful algal blooms and hypoxia to State and local stakeholders within the region for which each plan is developed; and ``(ii) overseeing the development, review, and periodic updating of Regional Research and Action Plans established under section 602C(b); ``(I) convene an annual meeting of the Task Force; and ``(J) perform such other tasks as may be delegated by the Task Force. ``(2) Program duties.--The Program shall-- ``(A) maintain and enhance-- ``(i) the Ecology and Oceanography of Harmful Algal Blooms Program; ``(ii) the Monitoring and Event Response for Harmful Algal Blooms Program; ``(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program; ``(iv) the Coastal Hypoxia Research Program; and ``(v) other relevant NOAA programs; ``(B) establish-- ``(i) a Mitigation and Control of Harmful Algal Blooms Program-- ``(I) to develop and promote strategies for the prevention, mitigation, and control of harmful algal blooms; ``(II) to fund research that may facilitate the prevention, mitigation, and control of harmful algal blooms; and ``(III) to develop and demonstrate technology that may mitigate and control harmful algal blooms; and ``(ii) other programs as necessary; and ``(C) work cooperatively with other offices, centers, and programs within NOAA and other agencies represented on the Task Force, States, and nongovernmental organizations concerned with marine and aquatic issues to manage data, products, and infractructure, including-- ``(i) compiling, managing, and archiving data from relevant programs in Task Force member agencies; ``(ii) creating data portals for general education and data dissemination on centralized, publicly available databases; and ``(iii) establishing communication routes for data, predictions, and management tools both to and from the regions, states, and local communities.''. SEC. 7. REGIONAL RESEARCH AND ACTION PLANS. The Act, as amended by section 6, is amended by inserting after section 602A the following: ``SEC. 602B. REGIONAL RESEARCH AND ACTION PLANS. ``(a) In General.--The Program shall-- ``(1) oversee the development and implementation of Regional Research and Action Plans; and ``(2) identify appropriate regions and sub-regions to be addressed by each Regional Research and Action Plan. ``(b) Regional Panels of Experts.--As soon as practicable after the date of enactment of the Harmful Algal Blooms and Hypoxia Amendments Act of 2008, and every 5 years thereafter, the Program shall convene a panel of experts for each region identified under subsection (a)(2) from among-- ``(1) State coastal management and planning officials; ``(2) water management and watershed officials from both coastal states and noncoastal states with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; ``(3) public health officials; ``(4) emergency management officials; ``(5) nongovernmental organizations concerned with marine and aquatic issues; ``(6) science and technology development institutions; ``(7) economists; ``(8) industries and businesses affected by coastal and freshwater harmful algal blooms and hypoxia; ``(9) scientists, with expertise concerning harmful algal blooms or hypoxia, from academic or research institutions; and ``(10) other stakeholders as appropriate. ``(c) Plan Development.--Each regional panel of experts shall develop a Regional Research and Action Plan for its respective region and submit it to the Program for approval and to the Task Force. The Plan shall identify appropriate elements for the region, including-- ``(1) baseline ecological, social, and economic research needed to understand the biological, physical, and chemical conditions that cause, exacerbate, and result from harmful algal blooms and hypoxia; ``(2) regional priorities for ecological and socio-economic research on issues related to, and impacts of, harmful algal blooms and hypoxia; ``(3) research needed to develop and advance technologies for improving capabilities to predict, monitor, prevent, control, and mitigate harmful algal blooms and hypoxia; ``(4) State and local government actions that may be implemented-- ``(A) to support long-term monitoring efforts and emergency monitoring as needed; ``(B) to minimize the occurrence of harmful algal blooms and hypoxia; ``(C) to reduce the duration and intensity of harmful algal blooms and hypoxia in times of emergency; ``(D) to address human health dimensions of harmful algal blooms and hypoxia; and ``(E) to identify and protect vulnerable ecosystems that could be, or have been, affected by harmful algal blooms a

Harmful Algal Blooms and Hypoxia Amendments Act of 2008 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to: (1) require the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration (NOAA), to establish criteria for determining which states should serve on the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia and to implement a nominations process to select representatives for such Task Force; and (2) require the Task Force's scientific assessments of hypoxia and harmful algal blooms (hypoxia) once (currently, every five years). Requires: (1) the President, acting through the Task Force, to establish a national program to integrate efforts to address hypoxia research, monitoring, prediction, control, mitigation, prevention, and outreach; (2) the Task Force to be the oversight body for the development and implementation of the National Harmful Algal Bloom and Hypoxia Program; and (3) NOAA to be the lead federal agency for implementing and administering such Program. Sets forth the Program's responsibilities and duties, including: (1) promoting a national strategy to help communities understand, detect, predict, control, and mitigate freshwater and marine hypoxia events; (2) maintaining and enhancing the Ecology and Oceanography of Harmful Algal Blooms Program, the Monitoring and Event Response for Harmful Algal Blooms Program, the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program, and the Coastal Hypoxia Research Program; and (3) establishing a Mitigation and Control of Harmful Algal Bloom Program. Requires the national hypoxia program to: (1) oversee the development and implementation of Regional Research and Action Plans and identify regions and sub-regions to be addressed by each Plan; and (2) convene regional panels of experts. Requires each panel to develop a Plan that identifies appropriate elements for the region, including: (1) priorities for ecological and socioeconomic research on issues related to, and impacts of, hypoxia; and (2) state and local government actions that may be implemented to monitor, minimize, reduce, and address hypoxia. Requires the Task Force to report to specified congressional committees not less than every five years on hypoxia. Requires: (1) the Secretary, acting through NOAA, to establish a collaborative pilot program with the Environmental Protection Agency (EPA) and other federal agencies to examine hypoxia occurring in freshwater systems; and (2) such program to be located in the Mississippi River Basin watershed.

A bill to develop and promote a comprehensive plan for a national strategy to address harmful algal blooms and hypoxia through baseline research, forecasting and monitoring, and mitigation and control while helping communities detect, control, and mitigate coastal and Great Lakes harmful algal blooms and hypoxia events.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Business and Government Operations Improvement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; Table of contents. TITLE I--HEALTH CARE PROVISIONS Sec. 101. Repeal of employer health insurance mandate. Sec. 102. Repeal of individual health insurance mandate. Sec. 103. Repeal of the independent payment advisory board. TITLE II--SAVINGS AND SPENDING CUTS Sec. 201. Streamline Government Bureaucracy. Sec. 202. Congressional approval for certain obligations exceeding $100,000,000. Sec. 203. Prohibition against funding certain foreign programs, projects, and activities. Sec. 204. Reduction of the number of nonessential vehicles purchased and leased by the Federal Government. TITLE III--CONGRESSIONAL PAY CUT Sec. 301. Reduction in rates of basic pay for Members of Congress. TITLE I--HEALTH CARE PROVISIONS SEC. 101. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE. (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of Related Reporting Requirements.--Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting ``or'' at the end of clause (xxiii), by striking ``and'' at the end of clause (xxiv) and inserting ``or'', and by striking clause (xxv). (2) Paragraph (2) of section 6724(d) of such Code is amended by inserting ``or'' at the end of subparagraph (FF), by striking ``, or'' at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH). (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report.--The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act. SEC. 102. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE. Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any month beginning after the date of the enactment of this subsection.''. SEC. 103. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD. Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), sections 3403 and 10320 of such Act (including the amendments made by such sections, but excluding subsection (d) of section 1899A of the Social Security Act, as added and amended by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law. TITLE II--SAVINGS AND SPENDING CUTS SEC. 201. STREAMLINE GOVERNMENT BUREAUCRACY. (a) Findings.--Congress finds the following: (1) Partially as a result of unnecessary Federal spending, the United States national debt is over $15 trillion. (2) Bureaucratic complexity and redundancy waste time and money for consumers, businesses, and taxpayers. (3) In March 2011, the Government Accountability Office released a report entitled ``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' that identifies areas where greater efficiencies could be found in Government operations. Some of the findings include: (A) Seven different Federal agencies have programs dedicated to meeting the water needs in the United States-Mexico border region. (B) There are 82 Federal programs dedicated to improving teacher quality. (C) There are 56 programs in 20 different Federal agencies designed to target financial literacy. (D) There are 80 Federal programs to boost transportation opportunities for disadvantaged individuals. (E) There are over 20 programs in seven different Federal agencies working to combat homelessness. (4) The Department of Commerce's core business and trade functions, the Small Business Administration, the Office of the United States Trade Representative, the Export-Import Bank, the Overseas Private Investment Corporation, and the United States Trade and Development Agency all serve important, but sometimes overlapping functions for consumers and businesses in the United States. Consolidating these agencies could save $3 billion and eliminate over 1,000 duplicative Federal jobs while improving the service provided to taxpayers and consumers. (5) The Federal Government provides important services that can be improved while saving money by consolidating and reforming Federal agencies. (b) Consolidation Authority.-- (1) Efficiency-enhancing plan defined.--Section 902 of title 5, United States Code, is amended-- (A) in paragraph (2), by striking ``and'' after the semicolon; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) `efficiency-enhancing plan' means a reorganization plan that the Director of the Office of Management and Budget determines will result in, or is likely to result in-- ``(A) a decrease in the number of agencies; and ``(B) cost savings in performing the functions that are the subject of that plan.''. (2) Modernizing reorganization authority.--Section 905(a)(1) of title 5, United States Code, is amended by striking the following: ``or renaming an existing executive department, abolishing or transferring an executive department or independent regulatory agency, or all the functions thereof, or consolidating two or more executive departments or two or more independent regulatory agencies, or all the functions thereof''. (c) Duration and Scope of Authority.-- (1) In general.--Section 905(b) of title 5, United States Code, is amended by striking ``if the plan'' and all that follows and inserting the following: ``if the plan is-- ``(1) transmitted to Congress (in accordance with section 903(b)) on or before the date that is 2 years after the date of the enactment of the Business and Government Operations Improvement Act; and ``(2) an efficiency-enhancing plan.''. (2) Exercise of rulemaking power.--Section 908(1) of title 5, United States Code, is amended by striking ``December 31, 1984'' and inserting ``the date that is 2 years after the date of the enactment of the Business and Government Operations Improvement Act''. SEC. 202. CONGRESSIONAL APPROVAL FOR CERTAIN OBLIGATIONS EXCEEDING $100,000,000. (a) Approval Requirement.--No Federal department or agency may enter into a contract with, award a grant to, or guarantee a loan for, a private entity in excess of $100,000,000 for a fiscal year, unless the department or agency submits to the Congress a request for approval of such contract, grant, or guarantee, and such approval is subsequently granted by enactment of a joint resolution. (b) Expedited Consideration.--A joint resolution of approval under subsection (a) shall be considered in the House of Representatives and the Senate not later then 30 days after the date of submission of a request under such subsection, under expedited procedures. (c) Effective Date.--This section shall take effect on the date that is 180 days after the date of the enactment of this Act. SEC. 203. PROHIBITION AGAINST FUNDING CERTAIN FOREIGN PROGRAMS, PROJECTS, AND ACTIVITIES. Section 103 of the Clean Air Act is amended by adding at the end the following: ``(l) Prohibition Against Funding Foreign Programs, Projects, and Activities.--The Administrator shall not award any grant, contract, cooperative agreement, or other financial assistance under this section for any program, project, or activity to occur outside the United States and its territories and possessions.''. SEC. 204. REDUCTION OF THE NUMBER OF NONESSENTIAL VEHICLES PURCHASED AND LEASED BY THE FEDERAL GOVERNMENT. (a) Review of Nonessential Vehicle Purchase.--The Director of the Office of Management and Budget, in consultation with the head of the relevant Executive agency, shall complete each of the following: (1) Determine the total dollar amount obligated by each Executive agency to purchase civilian vehicles in fiscal year 2010. (2) Determine the total dollar amount obligated by each Executive agency to lease civilian vehicles in fiscal year 2010. (3) Determine the total number of civilian vehicles purchased by each Executive agency in fiscal year 2010. (4) Determine the total number of civilian vehicles leased by each Executive agency in fiscal year 2010. (5) Determine the total dollar amount that would be 20 percent less than the dollar amount determined under paragraphs (1) and (2) for each Executive agency. (b) Reduction of Nonessential Vehicle Purchase.--For each of fiscal years 2013 through 2017, each Executive agency may not obligate more than the dollar amount identified pursuant to subsection (a)(5) to purchase and lease civilian vehicles. (c) Sharing.--The Administrator of General Services shall ensure that an Executive agency may share excess or unused vehicles with another Executive agency that may need temporary or long-term use of additional vehicles through the Federal Fleet Management System. (d) National Security Exception.--The limits on the purchase and procurement of vehicles provided in this section shall not apply to the purchase or procurement of any vehicle that has been determined by the President to be essential for reasons of national security. (e) Definitions.--In this section: (1) Civilian vehicle.--The term ``civilian vehicle'' means a vehicle that is not used for purposes of military combat, the training or deployment of uniformed military personnel, or such other uses as determined by the Director of the Office of Management and Budget, in consultation with the Administrator of General Services. (2) Executive agency.--The term ``Executive agency'' has the meaning given that term under section 105 of title 5, United States Code. TITLE III--CONGRESSIONAL PAY CUT SEC. 301. REDUCTION IN RATES OF BASIC PAY FOR MEMBERS OF CONGRESS. (a) In General.--Effective with respect to pay periods beginning after the date of the regularly scheduled general election for Federal office held in November 2014, the rate of basic pay for each Member of Congress shall be reduced by 5 percent, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). (b) Preemption.--The adjustment under subsection (a) shall be in lieu of any adjustment which (but for this Act) might otherwise take effect, in the rates of basic pay for Members of Congress, with respect to the pay periods referred to in subsection (a). (c) Definition.--For purposes of this Act, the term ``Member of Congress'' means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31).

Business and Government Operations Improvement Act - Amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to repeal the employer and individual health insurance mandates and the Independent Payment Advisory Board. Grants authority to the Office of Management and Budget (OMB) to consolidate federal agencies to eliminate waste and duplication in government programs. Prohibits any federal department or agency from entering into a contract with, awarding a grant to, or guaranteeing a loan for a private entity in excess of $100 million for a fiscal year without congressional approval. Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from awarding any grant, contract, cooperative agreement, or other financial assistance for any program, project, or activity for the prevention and control of air pollution to occur outside the United States and its territories and possessions. Requires the Director of OMB to determine the amount obligated by each executive agency to purchase and lease civilian vehicles in FY2010. . Prohibits such agency from obligating more than 80% of such amount for the purchase or lease of civilian vehicles in each of FY2013-FY2017. Reduces the rate of basic pay for each Member of Congress by 5%, rounded to the nearest multiple of $100, in lieu of any adjustment which might otherwise take effect in pay periods beginning after the regularly scheduled general election for federal office in November 2014.

Business and Government Operations Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadband Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``advanced telecommunications capability'' has the meaning given the term in section 706(d)(1) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(1)); (2) the term ``advanced telecommunications capability or services'' means-- (A) advanced telecommunications capability; or (B) services using advanced telecommunications capability; (3) the term ``Indian tribe'' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); (4) the term ``public provider'' means-- (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof; (C) an Indian tribe; or (D) any entity that is owned by, controlled by, or otherwise affiliated with-- (i) a State or political subdivision thereof; (ii) an agency, authority, or instrumentality of a State or political subdivision thereof; or (iii) an Indian tribe; and (5) the term ``telecommunications service'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICE AND ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES. No statute, regulation, or other legal requirement of a State or local government may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications service or advanced telecommunications capability or services to any person or any public or private entity. SEC. 4. SAFEGUARDS. (a) Administration.--To the extent any public provider regulates competing providers of telecommunications services or advanced telecommunications capability or services, the public provider shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting, without discrimination in favor of-- (1) the public provider; or (2) any other provider of telecommunications service or advanced telecommunications capability or services that the public provider owns or with which the public provider is affiliated. (b) Application of General Laws.--Nothing in this Act exempts a public provider that offers telecommunications service or advanced telecommunications capability or services to the public from any Federal communications law or regulation that applies to all providers of telecommunications services or advanced telecommunications capability or services to the public. SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED. Each public provider that intends to provide telecommunications service or advanced telecommunications capability or services to the public is encouraged to consider the potential benefits of a public- private partnership before providing the capability or services. SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID. (a) Notice and Opportunity To Be Heard.--Before a public provider may provide telecommunications service or advanced telecommunications capability or services to the public, either directly or through a public-private partnership, the public provider shall-- (1) publish notice of its intention to do so; (2) generally describe the capability or services to be provided and the proposed coverage area for the capability or services; (3) identify any special capabilities or services to be provided in low-income areas or other demographically or geographically defined areas; (4) provide local citizens and private-sector entities with an opportunity to be heard on the costs and benefits of the project and potential alternatives to the project, including any bids under paragraph (5); and (5) provide private-sector entities with an opportunity to bid to provide the capability or services during the 30-day period beginning on the date on which the notice required under paragraph (1) is published. (b) Application to Existing Projects and Pending Proposals.-- Subsection (a) shall not apply to-- (1) any contract or other arrangement under which a public provider is providing telecommunications service or advanced telecommunications capability or services to the public as of the date of enactment of this Act; or (2) any public provider proposal to provide telecommunications service or advanced telecommunications capability or services to the public that, as of the date of enactment of this Act-- (A) is in the request-for-proposals process; (B) is in the process of being built; or (C) has been approved by referendum. SEC. 7. EXEMPTIONS. The requirements under sections 4 and 6 shall not apply-- (1) when a public provider provides telecommunications service or advanced telecommunications capability or services other than to the public or to such classes of users as to make the capability or services effectively available to the public; or (2) during an emergency declared by the President, the Governor of the State in which the public provider is located, or any other elected local official authorized by law to declare a state of emergency in the jurisdiction in which the public provider is located. SEC. 8. USE OF FEDERAL FUNDS. If any project providing telecommunications service or advanced telecommunications capability or services under this Act fails due to bankruptcy or is terminated by a public provider, no Federal funds may be provided to the public provider specifically to assist the public provider in reviving or renewing that project, unless the failure due to bankruptcy occurred in a jurisdiction that is subject to a declaration by the President of a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Community Broadband Act of 2015 Bars states or local governments from prohibiting or inhibiting states, local government agencies, entities affiliated with state or local agencies, or Indian tribes from providing telecommunications services or advanced telecommunications capabilities to any person or any public or private entity. Prohibits government providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements. Directs local governments or affiliates intending to provide public telecommunications services to consider public-private partnerships. Requires local governments or affiliates, before providing telecommunications services to the public, to provide public notice and opportunities for public input and private-sector bidding. Provides an exemption from the prohibition on local governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official.

Community Broadband Act of 2015

SECTION 1. COMPARABILITY OF SERVICES. Section 1120A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6321) is amended-- (1) in subsection (a), by striking ``involved''; and (2) by striking subsection (c) and inserting the following: ``(c) Comparability.-- ``(1) In general.-- ``(A) Comparability.--Beginning for the 2015-2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for those schools that are not served under this part. ``(B) Alternative comparability.--If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per- pupil expenditures (including actual personnel and actual non-personnel expenditures) for its low-poverty schools. ``(C) Basis.--A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span or school-by-school basis. ``(D) Exclusion of funds.-- ``(i) In general.--For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for-- ``(I) excess costs of providing services to English learners; ``(II) excess costs of providing services to children with disabilities; ``(III) capital expenditures; and ``(IV) such other expenditures as the Secretary determines appropriate. ``(ii) Changes after the beginning of the school year.--A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection. ``(2) Documentation.--A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency. ``(3) Inapplicability.--This subsection shall not apply to a local educational agency that does not have more than one building for each grade span. ``(4) Process and procedures.-- ``(A) Local educational agency responsibilities.-- Each local educational agency assisted under this part shall, by October 31, 2014, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency. ``(B) State educational agency responsibilities.-- Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A). ``(C) Plan.--A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan. ``(5) Transition provisions.-- ``(A) School years preceding the 2015-2016 school year.--For school years preceding the 2015-2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect before the effective date of the most recent amendment to this section. ``(B) Transition between requirements.--The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect before the effective date of the most recent amendment to this section, and the new requirements under this section, as so amended. ``(6) Definitions.--The Secretary shall promulgate regulations defining the terms used in this subsection, including the terms `per-pupil expenditure', `personnel expenditure', `non-personnel expenditure', `high-poverty school', and `low-poverty school'.''.

Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to modify the requirement that state and local funds be used to provide services to schools receiving school improvement funds that are comparable to services received by schools not receiving such funds. Conditions a local educational agency's (LEA's) receipt of school improvement funds, beginning with the 2015-2016 school year, on the LEA showing its state that combined state and local per-pupil expenditures in each of its schools served under the school improvement program are not less than the average combined state and local per-pupil expenditures for each of its schools not served under that program. Requires an LEA that serves all of its schools under the school improvement program to show its state that the average combined state and local per-pupil expenditures for its high-poverty schools were not less than those expenditures for its low-poverty schools. Allows LEAs to meet these requirements on a grade-span by grade-span or school-by-school basis. Requires LEAs to exclude from these calculations state and local funds expended in any school for capital expenditures or the excess costs of providing services to English learners or disabled children.

To amend section 1120A of the Elementary and Secondary Education Act of 1965 to modify the comparability of services requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Real Opportunities for Energy Security Act'' or the ``PRO Energy Security Act''. SEC. 2. AUTHORITY. If the average weighted price of oil exceeds $75 per barrel for 3 consecutive days, the Secretary of Energy is authorized to acquire advanced biofuels for the purpose of filling the Strategic Petroleum Reserve. SEC. 3. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in conjunction with the Secretary of Transportation, the Secretary of Commerce, and the Secretary of Defense, and in consultation of the Administrator of the Environmental Protection Agency, shall transmit to the Committee on Science and Technology, the Committee on Transportation and Infrastructure, and the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, a report containing-- (1) a description of how the Secretary of Energy will carry out section 2; and (2) recommendations for criteria and procedures for making advanced biofuels available from the Strategic Petroleum Reserve to appropriate Federal and non-Federal entities. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advanced biofuel.-- (A) In general.--The term ``advanced biofuel'' means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions. (B) Inclusions.--The types of fuels eligible for consideration as ``advanced biofuel'' may include any of the following: (i) Ethanol derived from cellulose, hemicellulose, or lignin. (ii) Ethanol derived from sugar or starch (other than corn starch). (iii) Ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, food waste, and yard waste. (iv) Biomass-based diesel. (v) Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass. (vi) Butanol or other alcohols produced through the conversion of organic matter from renewable biomass. (vii) Other fuel derived from cellulosic biomass. (3) Baseline lifecycle greenhouse gas emissions.--The term ``baseline lifecycle greenhouse gas emissions'' means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005. (4) Biomass-based diesel.--The term ``biomass-based diesel'' means renewable fuel that is biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding sentence, renewable fuel derived from coprocessing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of subparagraph (B), but is not biomass-based diesel. (5) Cellulosic biofuel.--The term ``cellulosic biofuel'' means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions. (6) Conventional biofuel.--The term ``conventional biofuel'' means renewable fuel that is ethanol derived from corn starch. (7) Greenhouse gas.--The term ``greenhouse gas'' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride. The Administrator may include any other anthropogenically emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming. (8) Lifecycle greenhouse gas emissions.--The term ``lifecycle greenhouse gas emissions'' means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including 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 their relative global warming potential. (9) Renewable biomass.--The term ``renewable biomass'' means each of the following: (A) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the enactment of this sentence that is either actively managed or fallow, and nonforested. (B) Planted trees and tree residue from actively managed tree plantations on non-Federal land cleared at any time prior to enactment of this sentence, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States. (C) Animal waste material and animal byproducts. (D) Slash and precommercial thinnings that are from non-Federal forestlands, including forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest. (E) Biomass obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire. (F) Algae. (G) Separated yard waste or food waste, including recycled cooking and trap grease.

Promoting Real Opportunities for Energy Security Act or the PRO Energy Security Act - Authorizes the Secretary of Energy to acquire advanced biofuels for the purpose of filling the Strategic Petroleum Reserve if the average weighted price of oil exceeds $75 per barrel for three consecutive days. Defines "advanced biofuel" to mean renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas (GHG) emissions that are at least 50% less than baseline lifecycle GHG emissions. Authorizes the following types of fuels to be eligible for consideration as "advanced biofuel": (1) ethanol derived from cellulose, hemicellulose, or lignin; (2) ethanol derived from sugar or starch (other than corn starch); (3) ethanol derived from waste material; (4) biomass-based diesel; (5) biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; (6) butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and (7) other fuel derived from cellulosic biomass. Requires the Secretary of Energy to submit to specified congressional committees a report containing: (1) a description of how the Secretary will acquire advanced biofuels for such purpose; and (2) recommendations for criteria and procedures for making advanced biofuels available from the Strategic Petroleum Reserve to appropriate federal and nonfederal entities.

To provide for the acquisition of advanced biofuels for the Strategic Petroleum Reserve, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Homesteading Act''. SEC. 2. FINDINGS. Congress finds that-- (1) rural areas are suffering from-- (A) an out-migration of workers and loss of population at a significantly higher rate than the rest of the United States; and (B) higher rates of poverty and unemployment than the rest of the United States; (2) rural areas have not enjoyed the same growth in the technology industry as other areas of the United States; (3) recruiting high-skilled workers to rural areas has been particularly difficult; and (4) in order to allow rural areas to participate fully in the unprecedented economic prosperity of the rest of the United States, high-skilled workers have to be recruited specially to these areas of the United States. SEC. 3. DEMONSTRATION PROJECTS FOR RURAL AMERICA. (a) Establishment of Program.-- (1) Coordination of use of h-1b fees with development of high-tech jobs.--There is established a program under which the Secretary of Agriculture shall conduct up to 6 demonstration projects involving the employment of H-1B workers in rural areas, which projects shall serve to coordinate the use of employer-paid immigration fees with the development of high- tech employment opportunities in those areas. (2) Grant authority.-- (A) Authorization.--Subject to the availability of appropriations, the Secretary of Agriculture is authorized to implement the program established by paragraph (1) through the award of grants to economic development planning districts in rural areas. (B) Application procedures.--Each economic development planning district desiring a grant under this section shall submit an application to the Secretary of Agriculture at such time, in such manner, and accompanied by or containing such information as the Secretary shall reasonably require. (C) Calculation of grant amount.--The amount of each grant awarded under this paragraph to an economic development planning district in a fiscal year shall equal the total amount of fees paid by employers under section 214(c)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) in that fiscal year with respect to the employment in that district of H-1B workers described in section 4(a). (D) Designation of grant applicant and recipient.-- For each economic development planning district, the Secretary of Agriculture shall designate a single entity for purposes of applying for and receiving grant funds under this section. (3) Uses of grant funds.--Grants awarded under paragraph (2) shall be available only for providing education, training, equipment, and infrastructure in connection with the employment of H-1B workers within that district. (b) Memorandum of Understanding.--For purposes of eligibility for a demonstration project under the program established by this section, the designated planning district may enter into a memorandum of understanding with 1 or more economic development planning districts in an adjacent State. (c) Economic Development Planning District Defined.--In this section, the term ``economic development planning district'' means an area designated by the Secretary of Agriculture that meets following criteria: (1) Location of districts.--The district is situated in a State that shares an international border with Canada. (2) Resolution of support.--The counties or municipalities, or corporations established pursuant to Public Law 92-203, as amended, that comprise the district have signed a resolution of support to bring high-tech development into the district. (3) Declaration of need.--The district has executed a declaration of need confirming that the district has experienced-- (A) an outmigration of at least 20 percent of its population over the past 30 years; (B) unemployment rates or poverty rates that are substantially above the national average rate for unemployment or poverty, respectively; or (C) has a population that is 10 percent or more Native American. (4) Partnership with industry or institutions of higher education.--The district has established a partnership with industry, or an institution of higher education, to recruit high-skilled workers into the district. (5) Incentive package.--The district has developed an incentive package for high-skilled workers, including job offers, and other financial benefits. (6) Training program.--The district has established a training program for workers living in the district. SEC. 4. ALLOCATION OF H-1B VISAS. (a) In General.--Effective October 1, 2001, of the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act each fiscal year, not to exceed 12,000 aliens may be issued H-1B visas or otherwise provided nonimmigrant status under that section for employment in demonstration projects conducted under the program established by section 3, of which number not to exceed 2,000 aliens may be accorded such status for employment in any single demonstration project conducted under that program. (b) H-1B Nonimmigrant Petition Fees.-- (1) Establishment of account.--There is established in the general fund of the Treasury of the United States a separate account, which shall be known as the ``Twenty-first Century Homesteading Account''. (2) Deposit of fees.--Notwithstanding section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)), fees collected under section 214(c)(9) of that Act (8 U.S.C. 1184(c)(9)) with respect to the employment of H-1B workers described in subsection (a) shall be deposited as offsetting receipts into the account. (3) Use of fees.--Fees deposited into the account shall remain available to the Secretary of Agriculture until expended to carry out demonstration projects conducted under the program established by section 3. SEC. 5. STATUTORY CONSTRUCTION. Nothing in this Act shall supersede, amend, or repeal the procedures under which an employer must file an application with the Secretary of Labor for an H-1B visa for a nonimmigrant in a specialty occupation. SEC. 6. DEFINITIONS. In this Act: (1) H-1B visa.--The term ``H-1B visa'' means a visa issued under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act. (2) H-1B worker.--The term ``H-1B worker'' means an alien who holds a valid H-1B visa or who otherwise has been provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (4) Native american.--The term ``Native American'' means-- (A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)); and (B) an Alaska Native, within the meaning provided for the term ``Native'' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). (5) Rural area.--The term ``rural area'' means an area that is located-- (A) outside a standard metropolitan statistical area; or (B) within a community that has a population of 50,000 individuals or fewer.

21st Century Homesteading Act - Establishes a program under which the Secretary of Agriculture shall conduct up to six demonstration projects involving the employment of H-1B visa (specialty occupation) aliens in rural areas, and the use of related employer-paid visa fees with the development of high-tech employment opportunities in such areas. Authorizes the Secretary to make project grants to qualifying rural economic development planning districts in States on the Canadian border having certain levels of outmigration, unemployment, and Native American populations.Allocates specified H-1B annual admissions for such projects.Establishes the Twenty-first Century Homesteading Account in the Treasury.

A bill to allocate H-1B visas for demonstration projects in rural America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Avalanche Protection Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the avalanche protection program established under section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. AVALANCHE PROTECTION PROGRAM. (a) Establishment.--The Secretary, acting through the Chief of the Forest Service, shall establish a coordinated avalanche protection program to-- (1) identify the potential for avalanches on Federal lands and inform the public, including users of those lands and other potentially affected parties, about the probability of such avalanches and their potential adverse effects on neighboring communities and on transportation and utility corridors; (2) carry out ongoing research regarding the causes of avalanche development, so as to improve forecasting of avalanche events; and (3) reduce the risks of avalanches on Federal lands and mitigate their effects on users of those lands, neighboring communities, and transportation and utility corridors. (b) Coordination.-- (1) In general.--In developing and implementing the program, the Secretary shall consult with the Secretary of the Interior, and coordinate the program to ensure adequate levels of protection for recreational users of public land under the jurisdiction of such Secretary. (2) Resources.--In carrying out this section, the Secretary-- (A) shall, to the maximum extent practicable, use the resources of the National Avalanche Center of the Forest Service; and (B) may use such other resources as the Secretary has available in the development and implementation of the program. (c) Advisory Committee.-- (1) In general.--The Secretary shall establish an advisory committee of 15 members, appointed by the Secretary, to assist in the development and implementation of the program. (2) Membership.--The membership of the advisory committee established pursuant to paragraph (1) shall include representatives of-- (A) Federal land management agencies and concessionaires or permittees that are exposed to the threat of avalanches; (B) State departments of transportation that have experience in dealing with the effects of avalanches; (C) the Alaska railroad; (D) the United States Geological Survey; (E) the National Oceanic and Atmospheric Administration; (F) the National Weather Service; (G) entities with interest in the program that the Secretary considers appropriate for representation on the board; (H) authorized users of artillery, other military weapons, or weapons alternatives used for avalanche control; and (I) such other members as the Secretary considers appropriate. (d) Central Depository.--The Secretary, the Secretary of Transportation, and the Secretary of the Army shall establish a central depository for weapons, ammunition, and parts for avalanche control purposes, including an inventory that can be made available to Federal and non-Federal entities for avalanche control purposes under the program. (e) Grants.-- (1) In general.--The Secretary may make grants to carry out projects and activities under the program-- (A) to assist in the prevention, forecasting, detection, and mitigation of avalanches for the safety and protection of persons, property, and at-risk communities; (B) to maintain essential transportation, utilities, and communications affected or potentially affected by avalanches; (C) to assist avalanche artillery users to ensure the availability of adequate supplies of artillery and other unique explosives required for avalanche control in or affecting-- (i) Federal land used for recreation purposes; and (ii) adjacent communities, and essential transportation corridors, that are at risk of avalanches; and (D) to assist public or private persons and entities in public education regarding avalanches and in conducting research and development activities for cost-effective and reliable alternatives to minimize reliance on military weapons for avalanche control. (2) Priority.--For each fiscal year for which funds are made available under section 4, the Secretary shall give priority to projects and activities carried out in avalanche zones-- (A) with a high frequency or severity of avalanches; or (B) in which deaths or serious injuries to individuals, or loss or damage to public facilities and communities, have occurred or are likely to occur. (f) Surplus Ordinance.--Section 549(c)(3) of title 40, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of surplus artillery ordinance that is suitable for avalanche control purposes, to a user of such ordinance.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 2008 through 2012. SEC. 5. LIMITATION. Nothing in this Act shall be construed to require use of artillery or any other avalanche-related actions affecting any unit of the National Park System or any other Federal lands or to limit the applicability of any Federal law or regulation with respect to any such actions on such lands.

Federal Land Avalanche Protection Act of 2007 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish an avalanche protection program to: (1) identify the potential for avalanches on federal lands and inform the public about the probability of avalanches and their potential adverse effects; (2) carry out ongoing research to improve avalanche forecasting; and (3) reduce the risks of avalanches and mitigate their effects. Requires the Secretary: (1) to coordinate the program to ensure protection for recreational users of public land under the Secretary of the Interior's jurisdiction, using resources of the Forest Service's National Avalanche Center; (2) to establish an advisory committee to assist in program development and implementation; and (3) with the Secretary of Transportation and the Secretary of the Army, to establish a central depository for weapons, ammunition, and parts for avalanche control purposes. Authorizes the Secretary to make grants to carry out projects and activities to: (1) assist in the prevention, forecasting, detection, and mitigation of avalanches; (2) maintain essential transportation, utilities, and communications; (3) assist avalanche artillery users to ensure the availability of adequate supplies of artillery and explosives required for avalanche control in specified areas; and (4) assist research and development activities for alternatives to minimize reliance on military weapons for avalanche control. Directs the Secretary to give priority to projects carried out in avalanche zones with a high frequency or severity of avalanches or in which deaths, injuries, or damage to public facilities and communities have occurred. Requires the Administrator of General Services to transfer specified property suitable for avalanche control purposes to a user of surplus ordnance.

To establish a coordinated avalanche protection program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Recovery by Ensuring a Legal American Workforce Act of 2011''. SEC. 2. E-VERIFY MADE PERMANENT AND MANDATORY. (a) Program Made Permanent.--Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following: ``, except that the basic pilot program described in section 403(a) shall be a permanent program''. (b) Program Made Mandatory.--Section 402 of such Act is amended-- (1) in subsection (a) by inserting ``or subsection (g)'' after ``in subsection (e)''; (2) in subsection (e) by inserting after ``require under this subsection'' the following: ``or under subsection (g)''; and (3) by adding at the end the following: ``(g) E-Verify Program Made Mandatory.--Subject to subsection (c)(3), any person or other entity that conducts any hiring (or recruitment or referral) in a State in which the E-Verify program described under section 403(a) is operating shall elect to participate in such program. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence.''. (c) Transition Period; Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (b) shall take effect beginning on the date that is 2 years after the date of enactment of this Act. (2) Certain entities.--The amendments made by subsection (b) shall take effect beginning on the date that is-- (A) 540 days after the date of enactment of this Act, in the case of a person or entity that employs 100 or more individuals in the United States; and (B) 1 year after the date of enactment of this Act, in the case of-- (i) a contractor that-- (I) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any subcontractor under such contract; or (II) has entered into a contract exempted from the application of such Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor under such contract; or (ii) any person or entity that employs more than 250 individuals in the United States. (d) Application to Current Employees.--Every person or entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than the applicable effective date in (c) that each employee is authorized to work in the United States. (e) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a person or other entity that is not required to participate in the E-Verify program described in section 403(a) from voluntarily participating in such program. (f) No Limitation on Participation by State or Local Law.--No State or local government may prohibit a person or other entity from using the E-verify program to verify the employment authorization of new hires or current employees. (g) Document Fraud Study.--The Government Accountability Office shall conduct a study to examine methods to combat document fraud, theft and forgery in the use and expansion of the E-Verify program. The report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud, theft, and forgery. The report shall be published within six months after enactment of this Act. SEC. 3. ENHANCING MONITORING OF AND COMPLIANCE WITH E-VERIFY PROGRAM. The Secretary of the Department of Homeland Security is authorized to take the following actions to increase the capability and effectiveness of the E-Verify employer Monitoring and Compliance team within the Citizenship and Immigration Services: (1) Increase by no more than 6 the number of fulltime employees dedicated to the development of thresholds and algorithms and quality assurance procedures for the monitoring of employer adherence to the conditions that are currently outlined in the E-Verify Memorandum of Understanding. (2) Increase as necessary the number of fulltime employees dedicated to outreach to employers using the E-Verify program and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers. These employees may also be utilized in the operation of the toll-free compliance assistance call center. (3) Establish procedures for the identification of cases of potential fraud or misuse of the E-Verify program. (4) Establish procedures for the sharing of information on these selected cases with Immigration and Customs Enforcement for further investigation as necessary. (5) Report to the Congress within one year of the date of enactment of this Act on the activities of the Office of Monitoring and Compliance which shall include-- (A) a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the Office; (B) the number and type of cases flagged by the Office and referred to Immigration and Customs Enforcement, as well as the outcome of these cases; and (C) an assessment of the number and the nature of calls received by the compliance assistance call center. SEC. 4. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES. (a) Notification of Multiple Uses of Individual Social Security Account Numbers.--Prior to crediting any individual with concurrent wages from more than one employer, the Commissioner of Social Security shall notify the individual that wages from two or more employers are being reported under the individual's social security account number (hereinafter in this Act referred to as ``SSN''). Such notice shall include, at a minimum-- (1) the name and location of each employer reporting benefits for an individual; (2) a warning that any inaccuracies in this information could indicate that the individual's SSN is being fraudulently used by another individual; (3) an explanation of any potential risk that an individual is subject to if his or her SSN has been used or is being used by someone else; and (4) a toll-free telephone number that an individual may call to report inaccuracies in the use of their SSN. (b) Information Sharing With the Department of Homeland Security.-- (1) Not later than 180 days following the date of enactment of this Act, the Commissioner of Social Security shall promulgate regulations in accord with section 1106 of the Social Security Act (42 U.S.C. 1306), to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a SSN be shared with the Secretary of the Department of Homeland Security on a timely basis. (2) Information to be shared with the Secretary shall include, at a minimum, the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual's SSN. The names and addresses of the employers of these employees must also be provided. (3) The Secretary shall report to the Congress annually the number of cases that the Commissioner of Social Security has shared with the Department of Homeland Security regarding unauthorized users of an SSN and the actions that have been taken to resolve these cases. The Secretary shall submit the first report to the Congress not later than 1 year after the date of enactment of this Act. (c) Information Sharing With the States.--The Department of Homeland Security shall report to the agency within each State that administers unemployment benefits of jobs that have potentially been made available by evidence of an employee being dismissed for non- confirmation through the E-Verify program. Such notification shall include the name and address of the employer, a job description if available, and shall be made within 3 business days of final non- confirmation. (d) Information Sharing With the Public.--The Department of Homeland Security shall prominently display on the Internet home page of the E-Verify program as ``Recovered Jobs'' the total number of jobs by month and year reported to the states under (c); and a link to the total number of jobs reported to each state by month and year. SEC. 5. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS. (a) In General.--Section 6721 of the Internal Revenue Code of 1986 (26 U.S.C. 6721) is amended by adding at the end the following: ``(g) Most Egregious Noncompliant Employer.--Notwithstanding any other provision of this section, in the case of a most egregious noncompliant employer, as designated for any taxable year by the Social Security Administration, the penalty for any failure described in this subsection with respect to an information return with respect to such taxable year shall be the maximum allowable penalty under this section for such failure. ``(h) Penalty Structure With Respect to Employing an Alien Not Authorized To Be Employed.--In the case of a failure described in subsection (a)(2) with respect to any person employing an alien not authorized to be so employed, the penalty under this section shall be determined in accordance with the following table: ------------------------------------------------------------------------ Not less Not more ``In the case of-- than-- than-- ------------------------------------------------------------------------ The first offense............................. $2,500 $5,000 The second offense............................ $7,500 $15,000 The third and subsequent offenses............. $25,000 $50,000.''. ------------------------------------------------------------------------ (b) Effective Date.--The amendment made by this section shall apply to failures occurring after the date of the enactment of this Act. SEC. 6. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME. (a) Denial of Deduction.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: ``(4) Wages paid to or on behalf of unauthorized aliens.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). ``(B) Wages.--For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. ``(C) Safe harbor.--If a person or other entity is participating in the basic pilot program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.''. (b) Six-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: ``(12) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''. (c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; (2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; and (3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or enforcement of''. (d) Availability of Information.-- (1) In general.--The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by secretary of the treasury.-- (A) In general.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Payment of wages to unauthorized aliens.--Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department-- ``(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and ``(B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals.''. (B) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code is amended-- (i) by striking ``(5), or (7)'' in the matter preceding subparagraph (A) and inserting ``(5), (7), or (9)'', and (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and inserting ``(5), (7), or (9)''. (e) Effective Date.-- (1) Denial of deduction.--The amendment made by subsection (a) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. (2) Six-year limitation on assessment and collection.--The amendment made by subsection (b) shall apply with respect to returns for taxable years beginning after December 31, 2010. (3) Use of documentation for enforcement purposes.--The amendments made by subsection (c) shall take effect on the date of the enactment of this Act. (4) Availability of information.--The amendments made by subsection (d) shall apply with respect to requests made for taxable years beginning after December 31, 2010.

Jobs Recovery by Ensuring a Legal American Workforce Act of 2011- Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify Program (Program) permanent and mandatory. Directs the Government Accountability Office (GAO) to conduct a study of methods to combat Program document fraud. Authorizes the Secretary of Homeland Security (DHS) to take specified actions to enhance the E-Verify employer monitoring and compliance team within U.S. Citizenship and Immigration Services. Directs the Commissioner of Social Security (SSA) to: (1) to notify an individual that wages from two or more employers are being reported under the individual's social security account number (SSN), and (2) promulgate regulations to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a SSN be shared with the Secretary. Directs DHS to: (1) report to the state agency that administers unemployment benefits regarding jobs that have potentially been made available by evidence of an employee being dismissed for Program non-confirmation, and (2) display on the Program's Internet home page as "Recovered Jobs" the total number of jobs by month and year reported to the states and a link to the total number of jobs reported to each state by month and year. Amends the Internal Revenue Code to: (1) penalize specified employers for failure to correct information returns; and (2) prohibit employers from deducting from gross income wages paid to unauthorized aliens, with an exception for an employer participating in the Program. Directs the Commissioner, the Secretary, and the Secretary of the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Directs the Secretary of the Treasury, upon request from the Commissioner or the Secretary, to disclose: (1) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed because of illegal payments or because of being paid to unauthorized aliens, and (2) taxpayer identity information of individuals to whom such wages were paid.

To make the E-verify program permanent, and to provide for penalties to enforce compliance with the program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Highway Aid Performance- Based Improvement Act of 2017''. SEC. 2. PILOT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Consolidated funding pilot program ``(a) In General.--The Secretary shall carry out a consolidated funding pilot program (referred to in this section as the `program') in 3 States, as selected by the Secretary, that are eligible under subsection (c)-- ``(1) to transform the Federal-aid highway program to a performance- and outcome-based program that refocuses investment of resources on transportation projects that make progress toward the achievement of the national goals described in paragraphs (1) through (7) of section 150(b); and ``(2) to continue advancements made under the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 405) and the Fixing America's Surface Transportation Act (Public Law 114-94; 129 Stat. 1312) to streamline program categories by demonstrating how additional flexibility would enable States to make investment decisions that better achieve State and national goals while advancing accountability and transparency of the Federal-aid highway program. ``(b) Implementation.-- ``(1) In general.--In carrying out the program, of those funds apportioned to a participating eligible State and after suballocations, set-asides, and pass-throughs made within each State to entities other than the transportation department of the State (including a metropolitan planning organization and a regional transportation planning organization), the Secretary shall treat the apportionments remaining with the State transportation department under the individual apportionment programs described in section 104 as a single, consolidated apportionment. ``(2) Eligible activities.--Activities eligible under the program shall include all activities eligible for the individual apportionment programs described in section 104. ``(c) Eligibility.--To be eligible to participate in the program-- ``(1) a State selected by the Secretary under subsection (a) shall-- ``(A) demonstrate that well-established performance management systems are in place in the State for the national goals for-- ``(i) safety described in section 150(b)(1); and ``(ii) infrastructure condition described in section 150(b)(2); ``(B) demonstrate that the performance management systems in place in the State include a system of metrics and performance measures that guide the State in using program funds and prioritizing projects-- ``(i) to ensure an effective use of resources; and ``(ii) to further the objectives of the program; and ``(C) demonstrate progress made toward achieving measurable performance of national goals for-- ``(i) congestion reduction described in section 150(b)(3); ``(ii) system reliability described in section 150(b)(4); ``(iii) freight movement and economic vitality described in section 150(b)(5); ``(iv) environmental sustainability described in section 150(b)(6); and ``(v) reduced project delivery delays described in section 150(b)(7); and ``(2) the head of the State agency with primary jurisdiction over highways shall enter into a written agreement with the division administrator of the field office of the Federal Highway Administration located in the State and any metropolitan planning organization located in the State, which shall specify which individual apportionment programs or portions of programs referred to in subsection (b) shall be included in the program in that State. ``(d) Term.--The Secretary shall carry out the program for a term of not fewer than 6 years. ``(e) Termination.--Participation of a State in the program may be terminated-- ``(1) by the Secretary if-- ``(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State under the program; ``(B) the Secretary provides to the State-- ``(i) notification of the determination of noncompliance under subparagraph (A); and ``(ii) a period of not less than 30 days during which the State may take such corrective action as the Secretary determines necessary to comply with the program; and ``(C) after the notification of noncompliance and the expiration of the period under subparagraph (B), the State has not taken satisfactory corrective action, as determined by the Secretary; or ``(2) by the State at any time if-- ``(A) not later than 90 days before the date of termination, the State provides to the Secretary notice of the termination; and ``(B) the State complies with such other terms or conditions as the Secretary determines to be necessary. ``(f) Reports.-- ``(1) State reporting requirements.--Participating eligible States shall submit to the Secretary an annual report-- ``(A) demonstrating how performance management systems were used to guide the decisionmaking process of the State in the development of the statewide transportation improvement program of the State under section 135; and ``(B) describing the results of the program based on performance measures that demonstrate progress toward the achievement of performance goals. ``(2) Report to congress.--The Secretary shall submit to Congress an annual report that describes the administration of the program.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: ``171. Consolidated funding pilot program.''.

Federal Highway Aid Performance-Based Improvement Act of 2017 This bill directs the Department of Transportation (DOT) to carry out a six-year consolidated funding pilot program in three states, selected by DOT, to: (1) transform the federal-aid highway program to a performance- and outcome-based program, and (2) continue advancements made in prior enactments to streamline program categories. The bill sets forth eligibility criteria for participation by states in the pilot program.

Federal Highway Aid Performance-Based Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclassification to Ensure Smarter and Equal Treatment Act of 2017'' or the ``RESET Act''. SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES. (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended-- (1) in section 404(a) (21 U.S.C. 844(a))-- (A) in the fourth sentence-- (i) by striking ``2 years'' and inserting ``1 year''; (ii) by striking ``$2,500'' and inserting ``$1,000''; (iii) by striking ``3 years'' and inserting ``1 year''; and (iv) by striking ``$5,000'' and inserting ``$1,000''; and (B) by striking the fifth sentence and inserting the following: ``Notwithstanding any penalty provided in this subsection, any person who commits an offense under this subsection for the possession of a date rape drug (as defined in section 401(g)(2)) after a prior conviction under this title or title III, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 and if any person commits such offense after 2 or more prior convictions under this title or title III, or 2 or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of 2 or more such offenses have become final, such person shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.''; and (2) in section 422(b) (21 U.S.C. 863(b)), by striking ``three years'' and inserting ``1 year''. (b) Elimination of Increased Penalties for Cocaine Offenses Where the Cocaine Involved Is Cocaine Base.-- (1) Controlled substances act.--The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed: (A) Clause (iii) of section 401(b)(1)(A). (B) Clause (iii) of section 401(b)(1)(B). (2) Controlled substances import and export act.--The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed: (A) Subparagraph (C) of section 1010(b)(1). (B) Subparagraph (C) of section 1010(b)(2). SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS. (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS. ``In determining the weight of a controlled substance or mixture of controlled substances that is in compound with a food product for purposes of this title or title III, the weight of the food product shall not be included.''. (b) Technical and Conforming Amendment.--The table of contents for the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Weighing of controlled substances mixed with food products.''. SEC. 4. APPLICABILITY TO PENDING AND PAST CASES. (a) Pending Cases.--This Act, and the amendments made by this Act, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment. (b) Past Cases.--In the case of a defendant who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this Act and was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, to the extent the factors are applicable, if such a reduction is consistent with-- (1) this Act and the amendments made by this Act; and (2) applicable policy statements issued by the United States Sentencing Commission. SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION. (a) Review and Amendment.--As soon as practicable after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by section 2, 3, or 4. (b) Authorization.--In carrying out subsection (a), the Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS AND SCHOOLS FUND. (a) Establishment.--A fund to be known as the ``Safe Neighborhoods and Schools Fund'' is hereby created within the Department of Justice and is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter. For purposes of the calculations required, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered general fund revenues which may be appropriated pursuant to Article I. (b) Funding Appropriation.-- (1) In general.--On or before July 31, 2018, and on or before July 31 of each fiscal year thereafter, the Department of Justice shall calculate the savings that accrued from the implementation of the act adding this chapter (``this act'') during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this act. In making the calculation required by this subdivision, the Department shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Department of Justice shall certify the results of the calculation to Congress no later than August 1 of each fiscal year. (2) Transfer of funds.--Before August 15, 2018, and before August 15 of each fiscal year thereafter, the Department shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. (c) Distribution of Moneys From the Safe Neighborhoods and Schools Fund.-- (1) In general.--By August 15 of each fiscal year beginning in 2018, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows: (A) Fifteen percent to the Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime. (B) Ten percent to the Federal Crime Victim Assistance Fund, to make grants to trauma recovery centers to provide services to victims of crime pursuant to 42 U.S.C. 112. (C) Twenty-five percent to Federal Reentry/Drug Court programs operated by the U.S. District Courts, U.S. Probation Office, Federal Public Defender and U.S. Attorney's Office to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems. (D) Fifty percent to the General Treasury in order to pay down the national debt. (2) Limitation.--For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (3) Audit.--Every 2 years, the Department of Justice shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the relevant Congressional committees. (4) Costs of program.--Any costs incurred by the Department of Justice in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation and the audit required, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a). The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing State or local funds utilized for these purposes. (5) Prohibition.--Agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided.

Reclassification to Ensure Smarter and Equal Treatment Act of 2017 or the RESET Act This bill amends the Controlled Substances Act to reduce the potential sentence for possession of a controlled substance by a person with one or more prior convictions. The bill repeals the provision providing for up to three years' imprisonment for the possession of a date rape drug and revises the penalties for possession of such drugs after a prior drug-related conviction. The maximum term of imprisonment for the sale or use of the mails to transport, or for importation or exportation of, drug paraphernalia is reduced to one year. The bill eliminates increased penalties for cocaine offenses where the cocaine involved is cocaine base. In determining the weight of a controlled substance or mixture of controlled substances that is in a compound with a food product, the weight of the food product shall not be included. Amendments made by this bill are applicable to both defendants who committed the offense and/or were convicted before the bill's enactment. The U.S. Sentencing Commission shall review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by this bill. There is established within the Department of Justice the Safe Neighborhoods and Schools Fund, for expenditures to: improve outcomes for public school pupils in kindergarten and grades 1 through 12 by reducing truancy and supporting students who are at risk of dropping out or are victims of crime; provide services to crime victims; support mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system; and pay down the national debt.

Reclassification to Ensure Smarter and Equal Treatment Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Opioids Prescribing Act''. SEC. 2. ALTERNATIVES TO OPIOIDS IN EMERGENCY DEPARTMENTS MEDICARE DEMONSTRATION PROJECT. (a) Establishment.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall carry out a 5-year demonstration project under which payment shall be made under the hospital outpatient prospective payment system under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to participating hospitals for items and services furnished as alternatives to opioid medications to individuals enrolled under such part to treat conditions designated under subsection (c)(1) for purposes of evaluating the benefits of using, instead of opioid medications, such alternatives to treat in emergency departments such symptoms and conditions. (b) Emergency Departments.-- (1) Selection.--The Secretary shall select from hospitals with emergency departments voluntarily submitting applications under paragraph (4), not fewer than 30 hospitals with emergency departments, and not more than 50 hospitals with emergency departments, for participation in the demonstration project. (2) Diversity.--In selecting hospitals with emergency departments, the Secretary shall ensure such hospitals and emergency departments are diverse in geography and size. (3) Voluntary participation.--Participation in the demonstration project under this section shall be on a voluntary basis. (4) Applications.-- (A) In general.--To participate in the demonstration project, a hospital with an emergency department shall submit to the Secretary an application at such time, in such manner, and containing such information (in addition to the written commitment described in subparagraph (B)) as specified by the Secretary. The Secretary shall take such measures as is necessary to make available such application form to potential participants no later than 180 days after the date of the enactment of this Act. (B) Information required.--Each application submitted by a hospital under subparagraph (A) shall include a binding written commitment to participate in the demonstration project for the duration of the project signed by the Chief Executive Officer of the hospital, the physician medical director of the emergency department of the hospital, the nursing director of the emergency department of the hospital, and the pharmacy director of the emergency department of the hospital. (c) Elements of Demonstration Project.--Under the demonstration project, the following shall apply: (1) The Secretary shall designate no fewer than five conditions or sets of symptoms that will be monitored during the demonstration project. (2) The performance during each year of the demonstration project, with respect to such conditions designated under paragraph (1), of all emergency departments of hospitals participating in the demonstration project will be measured against the performance of such emergency departments during a base year, which shall represent the most recent set of full year data available before the first date of the demonstration project. (3) The Secretary shall provide hospitals participating in the demonstration project with a description of clearly defined treatments that are considered alternatives to opioids to be applied for purposes of subsection (a). (d) Incentive Payment.--Under the demonstration project, the Secretary shall create a payment structure under which hospitals participating in the demonstration project that increase the use of alternatives to opioids and decrease the use of opioids may receive a shared savings bonus in addition to what would otherwise be made for items and services furnished under subsection (a). The amount of such shared savings shall be based on the difference between readmission rates for individuals treated with an alternative to opioids at the emergency department of the participating hospital and the average rate of readmissions for individuals treated with opioids and discharged from a representative group of emergency departments of hospitals not participating in the demonstration project in the same region as the participating hospital over a period of five years. (e) Clarification.--Nothing under this section shall prevent a health care provider from prescribing an opioid if an opioid is a medically necessary treatment. (f) Reports to Congress.-- (1) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes-- (A) the application form described in subsection (b)(4)(A) that is to be made available to potential participants; and (B) a progress report with respect to designating the conditions under subsection (c)(1) and establishing the description of clearly defined treatments described in subsection (c)(3). (2) Periodic demonstration reports.--Beginning after the first year of the demonstration project and annually thereafter for each year of the demonstration project and not later than one year after the completion of the demonstration, the Secretary shall submit to Congress a report that includes the following data for each hospital participating under the demonstration project: (A) With respect to each condition or set of symptom designated under subsection (c)(1), the number of individuals treated. (B) With respect to each such condition, the number of individuals treated only with an alternative to opioids. (C) With respect to each such condition, the number of individuals treated first with an alternative to opioids, followed by an opioid in the same visit. (D) With respect to each such condition, the number of individuals treated only with an opioid. (E) With respect to each individual described in subparagraph (A) treated for such a condition or set of symptoms, whether or not the individual involved returned to the emergency department of the hospital or an emergency department of a different hospital for the same condition or symptoms. (F) The difference in cost between treating an individual with an alternative to opioid versus an opioid. (G) Any additional information the Secretary determines necessary.

Alternatives to Opioids Prescribing Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to carry out a demonstration project to evaluate alternatives to the use of opioids to treat Medicare enrollees in hospital emergency departments. Under the project, the CMS must provide incentive payments to participating hospitals for decreasing the use of opioids and increasing the use of opioid alternatives.

Alternatives to Opioids Prescribing Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Tropical Forest Conservation Reauthorization Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment to short title of Act to encompass modified scope. Sec. 3. Protection of forests and coral reefs. Sec. 4. Change to name of facility. Sec. 5. Eligibility for benefits. Sec. 6. United States Government representation on oversight bodies for grants from debt-for-nature swaps and debt buybacks. Sec. 7. Conservation agreements. Sec. 8. Conservation Fund. Sec. 9. Repeal of authority of the Enterprise for the Americas Board to carry out activities under the Tropical Forest Conservation Authorization Act of 1998. Sec. 10. Changes to due dates of annual reports to Congress. Sec. 11. Changes to International Monetary Fund criterion for country eligibility. Sec. 12. New authorization of appropriations for the reduction of debt and authorization for audit, evaluation, monitoring, and administration expenses. SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS MODIFIED SCOPE. (a) In General.--Section 801 of the Tropical Forest Conservation Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by striking ``Tropical Forest Conservation Act of 1998'' and inserting ``Tropical Forest Conservation Reauthorization Act of 2015''. (b) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be a reference to the ``Tropical Forest Conservation Reauthorization Act of 2015''. SEC. 3. PROTECTION OF FORESTS AND CORAL REEFS. (a) In General.--Section 802 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431), as renamed by section 2(a), is amended-- (1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), and (b)(4), by striking ``tropical forests'' each place it appears and inserting ``tropical forests, non-tropical forests, and coral reef ecosystems''; (2) in subsection (a)(2)(C), by striking ``far-flung''; (3) in subsection (a)(7), by striking ``tropical forests is critical to the protection of tropical forests'' and inserting ``tropical forests, non-tropical forests, and coral reef ecosystems is critical to the protection of such areas''; and (4) in subsection (b)(2)-- (A) by striking ``tropical forests'' the first place it appears and inserting ``tropical forests, non- tropical forests, and coral ecosystems''; (B) by striking ``tropical forests'' the second place it appears and inserting ``areas''; and (C) by striking ``tropical forests'' the third place it appears and inserting ``tropical forests, non- tropical forests, and coral reef ecosystems''. (b) Amendments Related to Definitions.--Section 803 of such Act (22 U.S.C. 2431a) is amended-- (1) in paragraph (5)-- (A) in the heading, by striking ``tropical forest'' and inserting ``tropical forest, non-tropical forest, or coral reef''; (B) in the matter preceding subparagraph (A), by striking ``tropical forest'' and inserting ``tropical forest, non-tropical forest, or coral reef''; and (C) in subparagraph (B)-- (i) by striking ``tropical forest'' and inserting ``tropical forest, non-tropical forest, or coral reef''; and (ii) by striking ``tropical forests'' and inserting ``tropical forests, non-tropical forests, or coral reefs'' and (2) by adding at the end the following new paragraphs: ``(10) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and ``(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. ``(11) Coral reef.--The term `coral reef' means any reef or shoal composed primarily of coral. ``(12) Coral reef ecosystem.--The term `coral reef ecosystem' means any coral reef and any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.''. SEC. 4. CHANGE TO NAME OF FACILITY. (a) In General.--Section 804 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431b), as renamed by section 2(a), is amended by striking ``Tropical Forest Facility'' and inserting ``Conservation Facility''. (b) Conforming Amendments to Definitions.--Section 803(8) of such Act (22 U.S.C. 2431a(8)) is amended-- (1) in the heading, by striking ``Tropical forest facility'' and inserting ``Conservation facility''; and (2) by striking ``Tropical Forest Facility'' both places it appears and inserting ``Conservation Facility''. (c) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Tropical Forest Facility'' shall be deemed to be a reference to the ``Conservation Facility''. SEC. 5. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by striking ``tropical forest'' and inserting ``tropical forest, non-tropical forest, or coral reef''. SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS. Section 808(a)(5) of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended by adding at the end the following new subparagraph: ``(C) United states government representation on the administering body.--One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.''. SEC. 7. CONSERVATION AGREEMENTS. (a) Renaming of Agreements.--Section 809 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431g), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest agreement'' and inserting ``conservation agreement''; and (2) in subsection (a)-- (A) by striking ``Authority'' and all that follows through ``(1) In general.--The Secretary'' and inserting ``Authority.--The Secretary''; and (B) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''. (b) Elimination of Requirement To Consult With the Enterprise for the Americas Board.--Such subsection is further amended by striking paragraph (2). (c) Role of Beneficiary Countries.--Such section is further amended-- (1) in subsection (e)(1)(C), by striking ``in exceptional circumstances, the government of the beneficiary country'' and inserting ``in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests, non-tropical forests, or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)''; and (2) by amending subsection (f) to read as follows: ``(f) Review of Larger Grants.--Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.''. (d) Technical and Conforming Amendments.--Such section is further amended-- (1) in subsection (c)(2)(A)(i), by inserting ``to serve in an official capacity'' after ``Government''; (2) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``tropical forests'' and inserting ``tropical forests, non-tropical forests, and coral reef ecosystems''; (B) in paragraph (5), by striking ``tropical forest''; and (C) in paragraph (6), by striking ``living in or near a tropical forest in a manner consistent with protecting such tropical forest'' and inserting ``dependent on a tropical forest, non-tropical forest, or coral reef ecosystem and related resources in a manner consistent with conserving such resources''. (e) Conforming Amendments to Definitions.--Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended-- (1) in the heading, by striking ``Tropical forest agreement'' and inserting ``Conservation agreement''; and (2) by striking ``Tropical Forest Agreement'' both places it appears and inserting ``Conservation Agreement''. SEC. 8. CONSERVATION FUND. (a) In General.--Section 810 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431h), as renamed by section 2(a), is amended-- (1) in the section heading, by striking ``tropical forest fund'' and inserting ``conservation fund''; and (2) in subsection (a)-- (A) by striking ``Tropical Forest Agreement'' and inserting ``Conservation Agreement''; and (B) by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. (b) Conforming Amendments to Definitions.--Such Act is further amended-- (1) in section 803(9) (22 U.S.C. 2431a(9))-- (A) in the heading, by striking ``Tropical forest fund'' and inserting ``Conservation fund''; and (B) by striking ``Tropical Forest Fund'' both places it appears and inserting ``Conservation Fund''; (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''; and (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking ``Tropical Forest Fund'' and inserting ``Conservation Fund''. SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST CONSERVATION AUTHORIZATION ACT OF 1998. (a) In General.--Section 811 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431i), as renamed by section 2(a), is repealed. (b) Conforming Amendments.--Section 803 of such Act (22 U.S.C. 2431a) is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively. SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS. Section 813 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431k), as renamed by section 2(a), is amended-- (1) in subsection (a)-- (A) by striking ``(a) In General.--Not later than December 31'' and inserting ``Not later than April 15''; and (B) by striking ``fiscal year'' both places it appears and inserting ``calendar year''; and (2) by striking subsection (b). SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY ELIGIBILITY. Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended-- (1) by striking ``or, as appropriate in exceptional circumstances,'' and inserting ``or''; (2) in subparagraph (A)-- (A) by striking ``or in exceptional circumstances, a Fund monitored program or its equivalent,'' and inserting ``or a Fund monitored program, or is implementing sound macroeconomic policies,''; and (B) by striking ``(after consultation with the Enterprise for the Americas Board)''; and (3) in subparagraph (B), by striking ``(after consultation with the Enterprise for Americas Board)''. SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND ADMINISTRATION EXPENSES. Section 806 of the Tropical Forest Conservation Reauthorization Act of 2015 (22 U.S.C. 2431d), as renamed by section 2(a), is amended-- (1) in subsection (d), by adding at the end the following new paragraphs: ``(7) $20,000,000 for fiscal year 2015. ``(8) $20,000,000 for fiscal year 2016. ``(9) $20,000,000 for fiscal year 2017. ``(10) $20,000,000 for fiscal year 2018.''; and (2) by amending subsection (e) to read as follows: ``(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.--Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.''.

Tropical Forest Conservation Reauthorization Act of 2015 This bill renames the Tropical Forest Conservation Act of 1998 as the Tropical Forest Conservation Reauthorization Act of 2015. Non-tropical forests and coral reef ecosystems are included within the scope of, and made eligible for benefits under, the Tropical Forest Conservation Reauthorization Act of 2015. The Tropical Forest Facility is renamed the Conservation Facility. One or more individuals appointed by the U.S. government may serve on oversight bodies for grants from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. The Tropical Forest Fund is renamed the Conservation Fund. A grant of more than $250,000 from a Fund must be approved by the U.S. government and the government of the beneficiary country. Certain reporting due dates are revised. The Foreign Assistance Act of 1961 is amended to revise International Monetary Fund criteria for country eligibility.

Tropical Forest Conservation Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Market Access Act of 1994''. SEC. 2. REPORTS ON ACCESS TO JAPANESE MARKETS. (a) Initial Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report assessing the access to the Japanese market of goods and services produced or originating in the United States in each sector specifically identified in the Framework Agreement. (2) Contents of report.--The Secretary shall include in the report under paragraph (1) the following: (A) An assessment of the market access opportunities that would be available in the Japanese market for goods and services in each sector referred to in paragraph (1) in the absence of barriers to achieving access to such market in both the public and private sectors in Japan. In making such assessment, the Secretary shall consider the competitive position of such goods and services in similarly developed markets in other countries. Such assessment shall specify the time periods within which such market access opportunities should reasonably be expected to be obtained. (B) Objective criteria for measuring the extent to which those market access opportunities described in subparagraph (A) have been obtained. The development of such objective criteria may include the use of interim objective criteria to measure results on a periodic basis, as appropriate. (b) Subsequent Annual Reports.-- (1) In general.--Not later than the date which is 1 year after the last day of the 90-day period referred to in subsection (a)(1), and annually thereafter, the Secretary shall submit to the Congress a report containing the following: (A) An assessment of the market access opportunities that would be available in the Japanese market, for goods and services produced or originating in the United States in those sectors selected by the Secretary, in the absence of the barriers to achieving access to such market in both the public and private sectors in Japan. In making such assessment, the Secretary shall consider the competitive position of such goods and services in similarly developed markets in other countries. Such assessment shall specify the time periods within which such market access opportunities should reasonably be expected to be obtained. (B) Objective criteria for measuring the extent to which those market access opportunities described in subparagraph (A) have been obtained. The development of such objective criteria may include the use of interim criteria described in subsection (a)(2)(B). (C) An assessment of whether, and to what extent, Japan has materially complied with-- (i) agreements and understandings reached between the United States and Japan pursuant to section 3, and (ii) existing trade agreements between the United States and Japan. Such assessment shall include specific information on the extent to which United States suppliers have achieved additional access to the Japanese market and the extent to which Japan has complied with other commitments under such agreements and understandings. (D) An assessment of the effect of the agreements and understandings described in subparagraph (C) on the access to the Japanese markets of goods and services produced or originating in the United States. (2) Selection of sectors.--In selecting sectors that are to be the subject of a report under paragraph (1), the Secretary shall give priority to those sectors-- (A) in which access to the Japanese market is likely to have significant potential to increase exports of United States goods and services; (B) in which access to the Japanese market will result in significant employment benefits for producers of United States goods and services; or (C) which represent critical technologies, including those identified by the National Critical Technologies Panel under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683). The Secretary shall include an assessment under paragraph (1) of any sector for which the Trade Representative requests such assessment be made. In preparing any such request, the Trade Representative shall give priority to those barriers identified in the reports required by section 181(b) of the Trade Act of 1974. (3) Information on access by foreign suppliers.--The Secretary shall consult with the governments of foreign countries concerning access to the Japanese market of goods and services produced or originating in those countries. At the request of the government of any such country, the Secretary may include in the reports required by paragraph (1) information, with respect to that country, on such access. SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS. (a) Negotiating Authority.--The President is authorized to enter into agreements or other understandings with the Government of Japan for the purpose of obtaining the market access opportunities described in the reports of the Secretary under section 2. (b) Determination of Priority of Negotiations.--Upon the submission by the Secretary of each report under section 2, the Trade Representative shall determine-- (1) for which sectors identified in the report the Trade Representative will pursue negotiations, during the 6-month period following submission of the report, for the purpose of concluding agreements or other understandings described in subsection (a), and the time frame for pursuing negotiations on any other sector identified in the report; and (2) for which sectors identified in any previous report of the Secretary under section 2 the Trade Representative will pursue negotiations, during the 6-month period described in paragraph (1), in cases in which-- (A) negotiations were not previously pursued by the Trade Representative, or (B) negotiations that were pursued by the Trade Representative did not result in the conclusion of an agreement or understanding described in subsection (a) during the preceding 6-month period, but are expected to result in such an agreement or understanding during the 6-month period described in paragraph (1). For purposes of this Act, negotiations by the Trade Representative with respect to a particular sector shall be for a period of not more than 12 months. (c) Semiannual Reports.--At the end of the 6-month period beginning on the date on which the Secretary's first report is submitted under subsection (a)(1), and every 6 months thereafter, the Trade Representative shall submit to the Congress a report containing the following: (1) With respect to each sector on which negotiations described in subsection (b) were pursued during that 6-month period-- (A) a determination of whether such negotiations have resulted in the conclusion of an agreement or understanding intended to obtain the market access opportunities described in the most recent applicable report of the Secretary, and if not-- (i) whether such negotiations are continuing because they are expected to result in such an agreement or understanding during the succeeding 6-month period; or (ii) whether such negotiations have terminated; and (B) in the case of a positive determination made under subparagraph (A)(i) in the preceding report submitted under this subsection, a determination of whether the continuing negotiations have resulted in the conclusion of an agreement or understanding described in subparagraph (A) during that 6-month period. (2) With respect to each sector on which negotiations described in subsection (b) were not pursued during that 6- month period, a determination of when such negotiations will be pursued. SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTANDINGS. (a) In General.--For the purpose of making the assessments required by section 2(b)(1)(C), the Secretary shall monitor the compliance with each agreement or understanding reached between the United States and Japan pursuant to section 3, and with each existing trade agreement between the United States and Japan. In making each such assessment, the Secretary shall describe-- (1) the extent to which market access for the sector covered by the agreement or understanding has been achieved; and (2) the bilateral trade relationship with Japan in that sector. In the case of agreements or understandings reached pursuant to section 3, the description under paragraph (1) shall be done on the basis of the objective criteria set forth in the applicable report under section 2(a)(2)(B) or 2(b)(1)(B). (b) Treatment of Agreements and Understandings.--Any agreement or understanding reached pursuant to negotiations conducted under this Act, and each existing trade agreement between the United States and Japan, shall be considered to be a trade agreement for purposes of section 301 of the Trade Act of 1974. SEC. 5. TRIGGERING OF SECTION 301 ACTIONS. (a) Determinations by Trade Representative.-- (1) Failure to conclude agreements.--In any case in which the Trade Representative determines under section 3(c)(1)(A)(ii) or (B) that negotiations have not resulted in the conclusion of an agreement or understanding described in section 3(a), each barrier to access to the Japanese market that was the subject of such negotiations shall, for purposes of title III of the Trade Act of 1974, be considered to be an act, policy, or practice determined under section 304 of that Act to be an act, policy or practice that is unreasonable and discriminatory and burdens or restricts United States commerce. The Trade Representative shall determine what action to take under section 301(b) of that Act in response to such act, policy, or practice. (2) Noncompliance with agreements or understandings.--In any case in which the Secretary determines, in a report submitted under section 2(b)(1), that Japan is not in material compliance with-- (A) any agreement or understanding concluded pursuant to negotiations conducted under section 3, or (B) any existing trade agreement between the United States and Japan, the Trade Representative shall determine what action to take under section 301(a) of the Trade Act of 1974. For purposes of section 301 of that Act, a determination of noncompliance described in the preceding sentence shall be treated as a determination made under section 304 of that Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Existing trade agreement between the united states and japan.--The term ``existing trade agreement between the United States and Japan'' means any trade agreement that was entered into between the United States and Japan before the date of the enactment of this Act and is in effect on such date. Such term includes-- (A) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1986; (B) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1991; (C) the United States-Japan Wood Products Agreement, signed on June 5, 1990; (D) Measures Related to Japanese Public Sector Procurements of Computer Products and Services, signed on January 10, 1992; (E) the Tokyo Declaration on the U.S.-Japan Global Partnership, signed on January 9, 1992; and (F) the Cellular Telephone and Third-Party Radio Agreement, signed in 1989. (2) Framework agreement.--The term ``Framework Agreement'' means the Japan-United States Framework for a New Economic Partnership, signed on July 10, 1993. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (4) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative.

Fair Market Access Act of 1994 - Directs the Secretary of Commerce to report annually to the Congress an assessment of the access to the Japanese market of goods and services produced or originating in the United States in each sector specifically identified in the Japan-United States Framework for a New Economic Partnership signed on July 10, 1993 (Framework Agreement). Specifies contents of such access assessments. Authorizes the President to enter into agreements or other understandings with Japan for the purpose of obtaining the market access opportunities described in such assessments. Requires the United States Trade Representative (USTR) to determine for which sectors identified in each assessment to pursue negotiations in order to conclude such agreements or understandings. Directs the Secretary to monitor compliance with each agreement or understanding between the United States and Japan reached under this Act, as well as with existing trade agreements between both countries. Deems an unreasonable and discriminatory act, policy, or practice burdening or restricting U.S. commerce each barrier to access to the Japanese market that is the subject of negotiations under this Act which fail to conclude an agreement or understanding. Requires the USTR to determine what "Super 301" sanction to impose in response to such acts, policies, or practices, as well as in instances of material noncompliance with new or existing agreements or understandings.

Fair Market Access Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Insurance for all Americans Act''. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended-- (1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and (2) by inserting after chapter 89 the following: ``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``SEC. 8921. DEFINITIONS. ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES. ``(a) The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``SEC. 8923. CONTRACT REQUIREMENT. ``(a) For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES. ``(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. ``(b) An individual may not enroll in a health benefits plan under this chapter if the individual-- ``(1) is enrolled or eligible to enroll for coverage under a public health insurance program, including-- ``(A) title XVIII of the Social Security Act; ``(B) a State plan under title XIX of the Social Security Act; ``(C) a State plan under title XX of the Social Security Act; or ``(D) any other program determined by the Office; ``(2) is enrolled or eligible to enroll in a plan under chapter 89; or ``(3) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS. ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended-- (A) by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; and (B) by inserting after the item relating to chapter 89 the following: ``89A. Health Insurance for Non-Federal Employees........... 8921''. SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code. ``(b) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section. ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Premiums paid for fehbp coverage.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Premiums paid for FEHBP coverage.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

Access to Insurance for all Americans Act - Directs the Office of Personnel Management (OPM) to administer a health insurance program for non-federal employees and to apply to such program the provisions governing the federal employee health insurance program to the greatest extent practicable. Requires OPM, for each calendar year, to enter into a contract with one or more carriers to make health benefits plans available to eligible individuals. Allows any individual to enroll in such a plan unless the individual: (1) is enrolled or eligible to enroll for coverage under a public health insurance program (including Medicaid or Medicare) or under the federal employee health insurance program; or (2) is a member of the uniformed services. Allows rates and premiums for such a plan to differ among geographic regions. Makes such premiums tax deductible. Provides that no government contribution shall be made for any individual enrolled in such a plan. Directs OPM to ensure that covered individuals are in a risk pool separate from that maintained for federal employees. Requires the Director of OPM to submit a comprehensive plan to Congress that provides for the orderly implementation of the amendments made by this Act, including a schedule of actions to be taken to provide for that implementation.

To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Mental Health Care Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since October 2001, approximately 1,640,000 members of the Armed Forces have been deployed as part of Operation Enduring Freedom or Operation Iraqi Freedom. (2) 300,000 members of the Armed Forces are suffering from major depression or post traumatic stress because of service in Operation Enduring Freedom or Operation Iraqi Freedom. (3) 320,000 of the members of the Armed Forces who served in Operation Enduring Freedom or Operation Iraqi Freedom, or 19 percent of such members, have received brain injuries from such service. (4) Only 43 percent of members of the Armed Forces with a probable traumatic brain injury have reported receiving a medical evaluation for their head injury. (5) Records of the Department of Veterans Affairs show that 120,000 members of the Armed Forces who are no longer on active duty have been diagnosed with mental health problems, approximately half of whom suffer from post traumatic stress disorder (PTSD). (6) In the last year, only 53 percent of those members of the Armed Forces with post traumatic stress disorder or depression have sought professional help from a mental health care provider. (7) Rates of post traumatic stress disorder and depression are highest among members of the Armed Forces who are women or members of the Reserves. (8) Efforts to improve access to quality mental health care are integral to supporting and treating both active duty members of the Armed Forces and veterans. (9) Without quality mental health care, members of the Armed Forces and veterans may experience lower work productivity, which negatively affects their physical health, mental health, and family and social relationships. (10) Cultural and personal stigmas are factors that contribute to low rates of veterans of Operation Enduring Freedom and Operation Iraqi Freedom who seek mental health care from qualified mental health care providers. (11) The capacity of mental health care providers and access to such providers must be improved to meet the needs of members of the Armed Forces who are returning from deployment in Operation Enduring Freedom or Operation Iraqi Freedom. (12) Community-based providers of mental health care are invaluable assets in addressing the needs of such members and should not be overlooked. (13) Coordination of care among government agencies as well as nongovernmental agencies is integral to the successful treatment of members of the Armed Forces returning from deployment. SEC. 3. COMMISSION ON VETERANS AND MEMBERS OF THE ARMED FORCES WITH POST TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN INJURY, OR OTHER MENTAL HEALTH DISORDERS CAUSED BY SERVICE IN THE ARMED FORCES. (a) Establishment of Commission.--There is established a commission on veterans and members of the Armed Forces with post traumatic stress disorder, traumatic brain injury, or other mental health disorders caused by service in the Armed Forces. (b) Membership.-- (1) In general.--The commission shall be composed of a chair and 11 other members who shall be appointed jointly by the Secretary of Veterans Affairs and the Secretary of Defense. (2) Membership.--The membership of the commission under paragraph (1) shall include at least one of each of the following: (A) Members of the Armed Forces on active duty. (B) Veterans who are retired from the Armed Forces. (C) Employees of the Department of Veterans Affairs. (D) Employees of the Department of Defense. (E) Recognized medical or scientific authorities in fields relevant to the commission, including psychiatry and medical care. (F) Mental health professionals who are not physicians. (G) Veterans who have undergone treatment for post traumatic stress disorder, traumatic brain injury, or other mental health disorders. (3) Consideration of recommendations.--In appointing members of the commission, the Secretary of Veterans Affairs and the Secretary of Defense shall consult with nongovernmental organizations that represent veterans, members of the Armed Forces, and families of such veterans and members. (c) Duties.-- (1) In general.--The commission shall-- (A) oversee the monitoring and treatment of veterans and members of the Armed Forces with post traumatic stress disorder, traumatic brain injury, and other mental health disorders caused by service in the Armed Forces; and (B) conduct a thorough study of all matters relating to the long-term adverse consequences of such disorders for such veterans and members, including an analysis of-- (i) the information gathered from rescreening data obtained from post deployment interviews; (ii) treatments that have been shown to be effective in the treatment of post traumatic stress disorder, traumatic brain injury, or other mental health disorders caused by service in the Armed Forces; (iii) the effects on the military career of members of the Armed Forces of seeking mental health counseling or care, including effects on duty assignments and promotion potential; and (iv) the continuity and effectiveness of mental health care provided individuals during their transition from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs. (2) Recommendations.--The commission shall develop recommendations on the development of initiatives-- (A) to mitigate the adverse consequences studied under paragraph (1)(B); and (B) to reduce cultural and professional stigmas associated with treatment of post traumatic stress disorder, traumatic brain injury, or other mental health disorders of veterans and members of the Armed Forces. (3) Annual reports.--Not later than September 30 each year, the commission shall submit to the appropriate committees of Congress a report containing the following: (A) A detailed statement of the findings and conclusions of the commission as a result of its activities under paragraph (1). (B) The recommendations of the commission developed under paragraph (2). (d) Powers of the Commission.-- (1) Site visits.--The commission may visit locations where veterans and members of the Armed Forces with post traumatic stress disorder, traumatic brain injury, or other mental health disorders caused by service in the Armed Forces receive treatment for such disorders to carry out the oversight and monitoring required by subsection (c)(1)(A). (2) Information from federal agencies.--The commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out the provisions of this Act. Upon request of the chair of the commission, the head of such department or agency shall furnish such information to the commission. (3) Solicitation of testimony.--The commission may request testimony from members of the Armed Forces, veterans, caregivers, and other sources in a manner intended not to interfere with the career development of the individual providing such testimony. (e) Termination.--The commission shall be terminated jointly by the Secretary of Veterans Affairs and the Secretary of Defense, at the joint discretion of the Secretaries. (f) Authorization of Appropriations.-- (1) Fiscal year 2010.--There is authorized to be appropriated for fiscal year 2010 to carry out this section, $1,000,000. (2) Subsequent fiscal years.--There is authorized to be appropriated for each fiscal year after fiscal year 2010 such sums as may be necessary to carry out this section in such fiscal year. (g) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

Servicemembers Mental Health Care Commission Act - Establishes a commission on veterans and members of the Armed Forces (members) with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other mental health disorders caused by military service. Requires the commission to: (1) oversee the monitoring and treatment of veterans and members with such disorders; and (2) conduct a study of the long-term adverse consequences of such disorders for such veterans and members.

A bill to establish a commission on veterans and members of the Armed Forces with post traumatic stress disorder, traumatic brain injury, or other mental health disorders, to enhance the capacity of mental health care providers to assist such veterans and members, to ensure such veterans are not discriminated against, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Recall Protection Act of 2011''. SEC. 2. PROHIBITION ON THE SALE OF RECALLED PRODUCTS. (a) Definitions.--In this section: (1) Covered product.--The term ``covered product'' means any of the following: (A) A motor vehicle or replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (B) Food, drugs, devices, and cosmetics as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A biological product as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (D) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (E)(i) A meat or meat food product within the meaning given such terms in the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). (ii) A poultry or poultry product as such terms are defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453). (iii) An egg or egg product as such terms are defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (2) Recall.--With respect to a covered product, the term ``recall'' means the following: (A) In the case that the Secretary of Transportation makes a determination under section 30118(b)(1) of title 49, United States Code, that a covered product described in paragraph (1)(A) contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under chapter 301 of such title, giving notification under section 30119 of such title and remedying such defect or noncompliance under section 30120 of such title. (B) In the case of-- (i) a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), an order under subsection (b)(1)(A) or (e) of section 518 of such Act (21 U.S.C. 360h(b)(1)(A) and (e)); (ii) infant formula, as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), a recall of infant formula begun by a manufacturer of infant formula that is carried out in accordance with section 412(f) of such Act (21 U.S.C. 350a(f)); and (iii) any other covered product described in paragraph (1)(B), a recall of the covered product by the manufacturer or distributor in response to an advisory or other alert issued by the Commissioner of Food and Drugs that advises consumers to avoid the covered product. (C) In the case of a product described in paragraph (1)(C), an order under section 351(d) of the Public Health Service Act (42 U.S.C. 262(d). (D) In the case of a covered product described in paragraph (1)(D), an action under subsection (c) and (d) of section 15 of the Consumer Product Safety Act (15 U.S.C. 2064). (E) In the case of a covered product described in paragraph (1)(E), a recall of the covered product under-- (i) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (ii) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or (iii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.). (b) Prohibition.-- (1) In general.--Except as provided in paragraph (2), a person may not sell to a consumer any covered product that is subject to a recall. (2) Remedied products.--Paragraph (1) shall not apply to the sale to a consumer of a covered product that was subject to a recall because of a defect in such product if-- (A) such defect was remedied prior to such sale; and (B) the seller of such product notifies such consumer of such recall, defect, and remedy. (c) Enforcement.-- (1) Unfair or deceptive act or practice.--A violation of a prohibition described in subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the federal trade commission.--The Federal Trade Commission shall enforce the provisions of 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 part of this section. (3) Regulations.--The Federal Trade Commission shall prescribe such regulations as the Commission considers necessary to carry out this subsection and subsections (a) and (b). (d) List of Recalled Products.-- (1) In general.--The Consumer Product Safety Commission shall, in cooperation with the Secretary of Agriculture, the Commissioner of Food and Drugs, the Federal Trade Commission, and the Secretary of Transportation, establish, maintain, and make available to the public a list of covered products that are subject to a recall. (2) Manner of publication.--The Consumer Product Safety Commission shall make the list required by paragraph (1) available to the public as a single searchable list containing all covered products subject to a recall regardless of agency jurisdiction.

Consumer Recall Protection Act of 2011 - Prohibits a person from selling to consumers any covered product that is subject to a recall. Exempts from such prohibition the sale of a covered product that was subject to a recall because of a defect in such product if: (1) such defect was remedied prior to such sale; and (2) the seller of such product notifies such consumer of such recall, defect, and remedy. Defines a "covered product" to include a motor vehicle or replacement equipment, food, drugs, devices, cosmetics, a biological product, a consumer product, a meat or meat food product, a poultry or poultry product, and an egg or egg product. Defines "recall" for each type of covered product. Treats a violation of such prohibition as a violation of a rule defining an unfair or deceptive act or practice described under the Federal Trade Commission Act. Requires the Consumer Product Safety Commission (CPSC) to establish, maintain, and make available to the public a searchable list of covered products that are subject to a recall.

A bill to prohibit the sale of any product to a consumer that is subject to a recall, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Food Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Food safety research, education, and extension priority. Sec. 4. Food Safety Rapid Response Team. Sec. 5. Emphasis on food safety research in Fund for Rural America. Sec. 6. National Food Safety Research, Education, and Extension Program. Sec. 7. Development and commercialization of food safety technology. SEC. 2. FINDINGS. Congress finds the following: (1) While the American food supply is among the safest in the world, millions of Americans are stricken by illness every year caused by food they consume. (2) An effective food safety strategy must be developed that encompasses research, educational, and response efforts along the entire farm-to-table spectrum and considers research efforts on emerging food borne illness and related issues at the Department of Agriculture and other Federal agencies. SEC. 3. FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION PRIORITY. (a) Food Safety Priority.--The Secretary of Agriculture shall establish the identification and resolution of food safety issues as a priority for the research, education, and extension activities of the Department of Agriculture. (b) Multidisciplinary and Integrated Approach.--To the extent practicable, the Secretary of Agriculture shall conduct food safety research, education, and extension activities on a multidisciplinary and integrated basis. (c) Consumer Education.--The Secretary of Agriculture is encouraged to use the authority under section 3(g) of the Act of May 8, 1914 (commonly known as the Smith-Lever Act) (7 U.S.C. 343(g)) to enter into cooperative agreements to carry out food safety consumer education programs. (d) Input.--In carrying out this section, the Secretary of Agriculture shall encourage communication among Federal agencies, educational institutions, and the private sector. SEC. 4. FOOD SAFETY RAPID RESPONSE TEAM. (a) Designation and Composition.--The Secretary of Agriculture shall designate a Food Safety Rapid Response Team within the Department of Agriculture, to enable the Department to rapidly respond to food safety emergencies. The Secretary shall select the members of the Food Safety Rapid Response Team from personnel of the Department with relevant subject matter expertise. The Food Safety Rapid Response Team shall be under the direction of a coordinating officer, who is appointed by the Secretary and reports directly to the Secretary. (b) Duties.--The Food Safety Rapid Response Team shall review and evaluate the response of the Department of Agriculture to food-borne illness outbreaks and make recommendations to the Secretary of Agriculture regarding-- (1) the more effective involvement of other Federal agencies, State and local agencies, land-grant colleges and universities, and other research institutions in the response to a food safety emergency; (2) the rapid dissemination of accurate information to the public regarding a food safety emergency; and (3) other improvements to the current Federal system for response to food safety emergencies. (c) Food Safety Action Plan.-- (1) Preparation.--The Food Safety Rapid Response Team shall develop a food safety action plan, which shall delineate, within the Department of Agriculture, the responsibility and mission of each office and agency of the Department during a food safety emergency and facilitate the cooperation of the Department and the coordination of the Department response with other Federal agencies, States, local governments, colleges and universities, industry, and public interest groups. (2) Submission.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall submit the food safety action plan required by this section to Congress. (d) Executive Branch Cooperation and Coordination.--The Secretary of Agriculture is encouraged to enter into memoranda of understanding with the heads of other Federal agencies that conduct similar programs or activities regarding food safety, for the purpose of ensuring consistent, accurate, and coordinated dissemination throughout the executive branch of information and services in the event of a food safety emergency. SEC. 5. EMPHASIS ON FOOD SAFETY RESEARCH IN FUND FOR RURAL AMERICA. Section 793(c)(2)(A) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2204f) is amended-- (1) in clause (vii), by striking ``; and'' and inserting a semicolon; (2) in clause (viii), by striking the period and inserting ``; and''; and (3) by adding at the end the following new clause: ``(ix) increase food safety from farm-to- consumer.'' SEC. 6. NATIONAL FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION PROGRAM. (a) Definition of Food and Agricultural Sciences.--Section 1404(8)(B) the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(8)(B)) is amended by inserting ``, including food safety'' after ``agricultural products''. (b) Food Safety Program.--The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by adding after section 1425 (7 U.S.C. 3175) the following new section: ``SEC. 1426. NATIONAL FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION PROGRAM. ``(a) Program Required.--The Secretary shall establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness to the greatest extent possible through research, education, and extension activities. ``(b) Elements of Program.--The Secretary shall use the National Food Safety Research, Education, and Extension Program-- ``(1) to conduct and coordinate research concerning food borne threats to human health and concerning mechanisms to identify, reduce, eliminate, and prevent food borne threats from entering into, and existing in, the food supply, including research to develop rapid, cost effective tests, for the presence of food pathogens (such as Salmonella, Campylobacter, E. coli O157:H7, Cryptosporidium, Hepatitis A and Norwalk viruses, Pfisteria and other marine toxins, Cyclospora, and Toxoplasma), to enhance understanding of how such pathogens become resistant to preservation technologies, and to develop technologies for prevention and control of such pathogens. ``(2) to enhance surveillance by providing data to anticipate and prevent future outbreaks of food borne illness by focusing on production, processing, handling, transportation, and storage practices, proper use of veterinary drugs and feed, and management of animal wastes. ``(3) to fill current knowledge gaps in food safety issues, including the development of better data and modeling techniques to improve risk assessments; ``(4) to identify ways to improve the dissemination of information regarding food safety strategies to all participants in the farm-to-table spectrum, including agricultural producers, processors, transporters, handlers, and consumers, so as to reduce the incidence of food borne illness; ``(5) to coordinate the activities of the Federal Government and land-grant colleges and universities regarding research on food safety issues and the dissemination of such information; and ``(6) to cooperate with State governments and the private sector to improve and enhance the safety of food. ``(c) Contract, Grants, Cooperative Agreements.-- ``(1) In general.--With funds available to carry out this section, the Secretary may enter into contracts, grants, or cooperative agreements with individuals and organizations in accordance with section 1472. ``(2) Competitive basis.--Grants made under this subsection shall be made on a competitive basis. ``(d) Administration.-- ``(1) Costs.--The Secretary may retain for administration up to 4 percent of amounts appropriated for the National Food Safety Research, Education, and Extension Program authorized by this section, notwithstanding the availability of any appropriation for administrative expenses of the National Food Safety Research, Education, and Extension Program. ``(2) Rules and regulations.--The Secretary shall prescribe rules and regulations necessary for the administration of this section. ``(3) Consultation with the national academy of sciences.-- The Secretary may use funds made available under this section to consult with the National Academy of Sciences regarding the administration of the National Food Safety Research, Education, and Extension Program without regard to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.).''. SEC. 7. DEVELOPMENT AND COMMERCIALIZATION OF FOOD SAFETY TECHNOLOGY. (a) Cooperative Agreements for Food Safety Technology.-- Notwithstanding chapter 63 of title 31, United States Code, the Secretary of Agriculture may enter into cooperative agreements with a person or entity otherwise eligible to enter into such an agreement under section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318) under which the facilities and technical expertise of the Agriculture Research Service may be made available to the person or entity for the purpose of developing and commercializing new technologies and products for food safety to the point of practical application. (b) Sale of New Technologies and Products.--The Secretary of Agriculture shall authorize the partners in a cooperative agreement under this section to sell new technologies and products for food safety produced under the agreement for the purpose of determining the market potential for the new technologies or products. (c) Source of Funds.--To carry out this section, the Secretary of Agriculture may use funds appropriated to carry out this section and funds otherwise available for such cooperative agreements that may be entered into under section 12 of the Stevenson-Wydler Technology Innovation Act of 1986 (15 U.S.C. 3710a).

Safe Food Act of 1998 - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department. (Sec. 5) Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America. (Sec. 6) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements. (Sec. 7) Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology.

Safe Food Act of 1998

SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS. (a) Civil Service Retirement System.--Paragraph (2) of section 8351(b) of title 5, United States Code, is amended by adding at the end the following: ``(C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.''. (b) Federal Employees' Retirement System.-- (1) Provision applicable to employees generally.--Subsection (a) of section 8432 of title 5, United States Code, is amended by adding at the end the following: ``(3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.''. (2) Provision applicable to certain other individuals.--Section 8440f of title 5, United States Code, is amended-- (A) by striking ``The maximum'' and inserting ``(a) The maximum''; and (B) by adding at the end the following: ``(b) Notwithstanding any limitation under this section, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.''. (c) Effective Date.--The amendments made by this section shall take effect as of the earliest practicable date, as determined by the Executive Director (appointed under section 8474(a) of title 5, United States Code) in regulations. SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD AND OFFICE OF SPECIAL COUNSEL. (a) Merit Systems Protection Board.--Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003, 2004, 2005, 2006, and 2007''. (b) Office of Special Counsel.--Section 8(a)(2) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003, 2004, 2005, 2006, and 2007''. (c) Effective Date.--This section shall be effective as of October 1, 2002. SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS. Section 1213(g) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking the last sentence; and (2) by striking paragraph (3) and inserting the following: ``(3) If the Special Counsel does not transmit the information to the head of the agency under paragraph (2), the Special Counsel shall inform the individual of-- ``(A) the reasons why the disclosure may not be further acted on under this chapter; and ``(B) other offices available for receiving disclosures, should the individual wish to pursue the matter further.''. SEC. 4. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY THE OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Enrollment in Chapter 89 Plan.--For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Overseas Private Investment Corporation before the effective date of this Act shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title. (b) Continued Coverage.-- (1) In general.--Any individual who, as of the enrollment eligibility date, is covered by a health benefits plan administered by the Overseas Private Investment Corporation may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code-- (A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and (B) for coverage effective on and after such date. (2) Individuals currently under continued coverage.--An individual who, as of the enrollment eligibility date, is entitled to continued coverage under a health benefits plan administered by the Overseas Private Investment Corporation-- (A) shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Overseas Private Investment Corporation; and (B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after such date. (3) Unmarried dependent children.--An individual who, as of the enrollment eligibility date, is covered as an unmarried dependent child under a health benefits plan administered by the Overseas Private Investment Corporation and who is not a member of family as defined under section 8901(5) of title 5, United States Code-- (A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title as of such date; and (B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after such date. (c) Transfers to the Employees Health Benefits Fund.-- (1) In general.--The Overseas Private Investment Corporation shall transfer to the Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Overseas Private Investment Corporation, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. (2) Availability of funds.--The amounts transferred under paragraph (1) shall be held in the Fund and used by the Office in addition to amounts available under section 8906(g)(1) of title 5, United States Code. (d) Administration and Regulations.--The Office of Personnel Management-- (1) shall administer this section to provide for-- (A) a period of notice and open enrollment for individuals affected by this section; and (B) no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and (2) may prescribe regulations to implement this section. (e) Enrollment Eligibility Date.--For purposes of this section, the term ``enrollment eligibility date'' means the last day on which coverage under a health benefits plan administered by the Overseas Private Investment Corporation is available. Such date shall be determined by the Office of Personnel Management in consultation with the Overseas Private Investment Corporation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Allows certain eligible participants in the Civil Service Retirement System and the Federal Employees Retirement System (FERS) to make such additional contributions to the Thrift Savings Plan as are permitted by: (1) provisions of the Internal Revenue Code pertaining to catch-up contributions to pension, profit-sharing, and/or stock bonus plans for individuals age 50 and over; and (2) consistent with regulations of the Executive Director of the Federal Retirement Thrift Investment Board. Applies such provisions with respect to justices and judges of the United States, bankruptcy and magistrate judges, Court of Federal Claims judges, judges of the United States Court of Appeals for Veterans Claims, and members of the uniformed services who are enrolled in FERS.(Sec. 2) Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY 2003 through 2007 for the Merit Systems Protection Board (Board) and the Office of Special Counsel.(Sec. 3) Repeals the requirement that the Special Counsel return any documents and other matter provided by a Federal employee, former employee, or applicant who made a disclosure of a violation of law or of waste, fraud, or abuse when the Special Counsel does not transmit the information to the head of the agency which the information concerns.(Sec. 4) Deems any period of enrollment under a health benefits plan administered by the Overseas Private Investment Corporation before the effective date of this Act to be a period of enrollment in a Federal health benefits plan for purposes of the administration of Federal health benefits coverage. Allows any individual who, as of the enrollment eligibility date, is covered by a Corporation-administered plan to enroll in an approved Federal health benefits plan for continued coverage after such date, including individuals currently under a continued coverage period and unmarried dependent children. Defines "enrollment eligibility date" to mean the last day on which coverage under a health benefits plan administered by the Corporation is available.Requires the: (1) Corporation to transfer to the Employees Health Benefits Fund amounts necessary for reimbursement for the costs of such continued coverage; and (2) Office of Personnel Management to provide for a period of notice and open enrollment for such coverage.

To amend title 5, United States Code, to allow certain catch-up contributions to the Thrift Savings Plan to be made by participants age 50 or over.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Cost Containment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The intolerably high number of Americans without adequate health insurance has resulted in major part from the high cost of health insurance premiums. (2) By eliminating the full tax deductibility of most medical expenses, the Federal Government has effectively increased the cost of health insurance. This same misguided policy has increased the cost of regular maintenance of one's own health through regular physician visits. This policy of the Federal Government, therefore, has both discouraged the purchase of health insurance and exposed taxpayers to greater expense because individuals are more likely to develop chronic illnesses and more likely to go without insurance to pay for critical care. (3) Excessive, wasteful, and abusive litigation in medical care liability suits throughout the United States has also significantly contributed to the high cost of health care in America. The enormous sums and valuable time that hospitals and physicians lose because of needless litigation amount to a huge tax on health care for all Americans. Even more expensive is the huge and thoroughly unnecessary cost of so-called ``defensive medicine''. Because of the ubiquitous threat of lawsuits, doctors and other health care providers all too often prescribe unnecessary tests, studies, and procedures simply to protect themselves--not their patients. Reforming the abuses of our civil litigation system in medical cases is therefore an essential step in controlling health care costs. (4) Noneconomic damages in medical cases should be eliminated. Payment of huge money damages for conceptually elusive measure of loss such as ``pain and suffering'' and ``inconvenience'' has proven to be unworkable. Our society simply cannot afford it. Money damages should be limited to repayment of actual monetary losses such as medical expenses, out-of-pocket costs, lost future earnings, and other traditional measures of actual damages. (5) Punitive damages in medical care liability suits are meant to punish malefactors rather than provide a windfall to attorneys and random litigants. The existence of this potential windfall (always unrelated to the actual damages suffered in any case) creates a perverse incentive for even more litigation against ``deep pockets'' doctors, hospitals, and health care providers. Punitive damages should, therefore, be paid over to community hospitals to offset the cost of indigent care. This will end one of the most significant incentives for abusive and unnecessary litigation that drives up medical costs. Even more importantly, it will reduce the cost of health care for the poor and taxpayers alike. (6) Medical care liability suits should be decided on their merits. But in recent years, the vast majority of medical care liability suits have been decided without a single day of trial, when parties realize that they cannot afford the lawyers' costs and other expenses of obtaining their day in court. This has led all too often to economic blackmail, in which innocent parties--hospitals, physicians, nurses, other health care workers--are forced to settle for large amounts even though they should, in fact, be held harmless by our legal system. Patients with meritorious medical malpractice cases find their recoveries substantially reduced by attorneys' fees. Health care providers victimized by groundless litigation must often pay enormous fees simply to prove they are blameless. To redress this inequity, the loser in a medical case should pay the costs and attorneys' fees of the winner. This will end another perverse incentive in the present system for unnecessary litigation that drives up health care costs. (7) By reducing the cost of health care and by making health insurance more affordable, millions more Americans will be able to obtain needed health coverage. This, in turn, will increase the size of insurance risk pools, further reducing the cost of necessary insurance for all Americans. SEC. 3. RESTORATION OF THE FULL DEDUCTIBILITY OF MEDICAL EXPENSES. Section 213(a) of the Internal Revenue Code of 1986 (relating to the treatment of medical and dental expenses) is amended to read as follows: ``(a) Allowance of Deduction.--There shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, the taxpayer's spouse, or a dependent (as defined in section 152).''. SEC. 4. ATTORNEYS' FEES IN MEDICAL CARE LIABILITY SUITS. (a) Awarding Attorneys' Fees and Other Costs to Prevailing Party.-- The nonprevailing party in a medical care liability suit shall pay to the prevailing party in such suit its litigation expenses under the action (including attorneys' fees and fees paid to expert witnesses, but not including court fees, filing fees, or other expenses paid directly to the court). The amount to be paid for such litigation expenses shall not exceed the litigation expenses of the nonprevailing party in such medical care liability suit. If the nonprevailing party receives attorney services under a contingent fee agreement, the amount of the attorneys' fees paid under this subsection shall not exceed the reasonable value of those services, determined without regard to the contingent nature of the fee arrangement. (b) Definition of Prevailing Party.--The term `prevailing party' means a party to a medical care liability suit who obtains a favorable final judgment (other than by settlement) on all or a portion of the claims asserted in the action. SEC. 5. ELIMINATION OF NONECONOMIC DAMAGES IN MEDICAL CARE LIABILITY SUITS. (a) Scope of Prohibition.--Noneconomic damages may not be imposed in a medical care liability suit. Compensatory damages may be awarded as in any other type of action. (b) Definition of Noneconomic Damages.--The term `noneconomic damages' means damages for pain, suffering, inconvenience, or any other nonpecuniary loss, but does not include punitive damages. SEC. 6. PUNITIVE DAMAGES TO BE REDIRECTED TO COMMUNITY HOSPITALS TO PAY FOR INDIGENT CARE. (a) Local Government to Receive Moneys on Behalf of Hospitals.--Any punitive damages imposed in a medical care liability suit shall be paid to the county, parish, or comparable unit of local government in which the action is brought and which has primary responsibility for payment for indigent health services in its jurisdiction. (b) Use of Moneys.--A county, parish, or comparable unit of local government which receives moneys under subsection (a) shall use it toward payment of its unreimbursed expenses incurred in providing health care to individuals entitled to medical assistance under titles XVIII and XIX of the Social Security Act. SEC. 7. APPLICABILITY. (a) Applicability.--This Act shall apply with respect to any medical care liability suit brought in any State or Federal court, except that this Act shall not apply to a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies to the action. (b) Effect on State Law.--This Act supersedes State law only to the extent that State law differs from any provision of law established by or under this Act. Any issue that is not governed by any provision of law established by or under this Act shall be governed by otherwise applicable State or Federal law. (c) Federal Court Jurisdiction Not Established on Federal Question Grounds.--Nothing in this Act shall be construed to establish any jurisdiction in the district courts of the United States over medical care liability suits on the basis of sections 1331 or 1337 of title 28, United States Code. (d) Definition of Medical Care Liability Suit.--The term `medical care liability suit' means an action for damages arising out of the provision of (or the failure to provide) health care services. SEC. 8. EFFECTIVE DATE. This Act shall apply with respect to claims accruing or suits brought on or after the first day of January of the calendar year following the date of the enactment of this Act.

Health Care Cost Containment Act - Amends the Internal Revenue Code to allow individuals to deduct the full amount of unreimbursed medical and dental expenses. (Current law allows a deduction for such expenses that exceed a certain percentage of adjusted gross income.) Requires the losing party in a medical care liability suit to pay limited amounts of the winning party's litigation expenses. Prohibits noneconomic damages (other than punitive damages) in such suits. Requires punitive damages to be paid to the unit of local government having primary responsibility for paying for indigent health services. Requires those amounts to be used for care for individuals entitled to assistance under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Applies this Act to any medical care liability suit in any State or Federal court, except vaccine-related matters. Supersedes inconsistent State laws.

Health Care Cost Containment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Export to Cuba Act of 2017''. SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo.-- (1) In general.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is amended by striking ``(1) No assistance'' and all that follows through ``(2) Except'' and inserting ``Except''. (2) Conforming amendment.--Section 1709 of the Cuban Democracy Act of 1992 (22 U.S.C. 6008) is amended by striking ``section 620(a)(2)'' and inserting ``section 620(a)''. (b) Trading With the Enemy Act.-- (1) In general.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. 4305(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of the enactment of this Act, may not be relied upon on or after such date of enactment to continue the imposition of direct restrictions on trade with Cuba. (2) Regulations.--Any regulation that imposes direct restrictions on trade with Cuba in effect on the day before the date of the enactment of this Act pursuant to the exercise of authorities described in paragraph (1) shall cease to be effective for that purpose on and after such date of enactment. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the date of the enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) shall cease to be effective on and after such date of enactment. (2) Authority for new restrictions.--The President may, on and after the date of the enactment of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the date of the enactment of this Act. (d) Cuban Democracy Act.-- (1) In general.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.) is amended-- (A) by striking section 1704 (22 U.S.C. 6003); (B) in section 1705(e) (22 U.S.C. 6004(e))-- (i) by striking paragraph (5); and (ii) by redesignating paragraph (6) as paragraph (5); (C) by striking section 1706 (22 U.S.C. 6005); and (D) by striking section 1708 (22 U.S.C. 6007). (2) Conforming amendment.--Paragraph (3) of section 204(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064(b)) is amended to read as follows: ``(3) section 1705(d) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(d));''. (e) Cuban Liberty and Democratic Solidarity Act.-- (1) In general.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended-- (A) by striking sections 101 through 108; (B) in section 109(a) (22 U.S.C. 6039(a)), by striking ``(including section 102 of this Act)''; (C) by striking sections 110 through 116; and (D) by striking title II (22 U.S.C. 6061 et seq.). (2) Conforming amendment.--Section 606 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1255 note) is repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by striking ``Cuba,''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.-- Notwithstanding'' and inserting ``In General.-- Notwithstanding''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) and by moving such subsection, as so redesignated, 2 ems to the left; and (C) in subsection (b), as redesignated by subparagraph (B)(iv), by striking ``paragraph (1)'' and inserting ``subsection (a)''; and (3) by striking section 909 (22 U.S.C. 7208).

Freedom to Export to Cuba Act of 2017 This bill amends: (1) the Foreign Assistance Act of 1961 to repeal the prohibition on assistance to Cuba and the President's authority for the embargo on Cuba, (2) the Trading with the Enemy Act to repeal the President's authority to continue direct restrictions on trade with Cuba, and (3) the Export Administration Act of 1979 to repeal the prohibitions on exports to Cuba. The bill authorizes the President to: (1) impose export controls with respect to Cuba, and (2) exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security. The Cuban Democracy Act of 1992 is amended to eliminate: presidential authority to impose sanctions against Cuban trading partners, restrictions on transactions between U.S.-owned or controlled firms and Cuba, limitations on direct shipping between Cuban and U.S. ports, and restrictions on remittances. The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is amended to eliminate provisions concerning: the enforcement of an economic embargo of Cuba; the prohibition on indirect financing of Cuba; opposition to Cuban membership in international financial institutions; opposition to ending Cuban suspension from the Organization of American States; certain import restrictions, including sugar restrictions; family remittance and travel to Cuba, news bureaus in Cuba, and extradition of persons sought by the Department of Justice for crimes committed in the United States; and assistance to a free and independent Cuba. The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended to: remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions; and repeal the prohibition on the U.S. entry of merchandise that is of Cuban origin, that is or has been located in or transported from or through Cuba, or that is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.

Freedom to Export to Cuba Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``American History and Civics Achievement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the 2006 National Assessment of Educational Progress assessments in United States history and civics demonstrated high percentages of students scoring below basic even though there were increases in scores, particularly for lower- performing students, compared to previous such assessments; (2) in the 2006 National Assessment of Educational Progress assessment in United States history-- (A) 30 percent of students in grade 4 scored below basic, 35 percent of students in grade 8 scored below basic, and 53 percent of students in grade 12 scored below basic; (B) a 31 point achievement gap exists for students in grade 4 who are from low-income families, as compared to students in grade 4 who are from high- income families, a 32 point achievement gap exists between black and white students in grade 4, and a 30 point achievement gap exists between white and Hispanic students in grade 4; (C) 86 percent of students in grade 12 could not explain a reason for United States involvement in the Korean War; (D) 99 percent of students in grade 8 could not explain how the fall of the Berlin Wall affected United States foreign policy; and (E) 76 percent of students in grade 4 could not explain why early American pioneers settled on the western frontier; (3) in the 2006 National Assessment of Educational Progress assessment in the United States civics-- (A) 27 percent of students in grade 4 scored below basic, 30 percent of students in grade 8 scored below basic, and 34 percent of students in grade 12 scored below basic; (B) a 29 point achievement gap exists for students in grade 4 who are from low-income families, as compared to students in grade 4 who are from high- income families, a 25 point achievement gap exists between black and white students in grade 4, and a 26 point achievement gap exists between white and Hispanic students in grade 4; (C) 72 percent of students in grade 8 could not explain the historical purpose of the Declaration of Independence; and (D) 57 percent of students in grade 12 were unable to describe the meaning of federalism in the United States; (4) America's past encompasses great leaders and great ideas that contribute to our shared heritage and to the principles of freedom, equality, justice, and opportunity for all; (5) an appreciation for the defining events in our Nation's history can be a catalyst for civic involvement; and (6) the strength of American democracy and our standing in the world depend on ensuring that our children have a strong understanding of our Nation's past. SEC. 3. AMENDMENT TO THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS AUTHORIZATION ACT. Section 303(b) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)) is amended-- (1) in paragraph (2)(D), by inserting ``(with a priority in conducting assessments in history not less frequently than once every 4 years)'' after ``subject matter''; and (2) in paragraph (3)(A)-- (A) in clause (iii)-- (i) by inserting ``except as provided in clause (iv),'' before ``may conduct''; and (ii) by striking ``and'' after the semicolon; (B) by redesignating clause (iv) as clause (v); and (C) by inserting after clause (iii) the following: ``(iv) shall conduct trial State academic assessments of student achievement in United States history in grades 8 and 12 in not less than 10 States representing geographically diverse regions of the United States and in civics in grades 8 and 12 in not less than 10 States representing geographically diverse regions of the United States (with a priority given to conducting assessments in United States history); and''. SEC. 4. NATIONAL ASSESSMENT GOVERNING BOARD. Section 302(e)(1) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621(e)(1)) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (J) as subparagraph (K); (3) in the flush matter at the end, by striking ``subparagraph (J)'' and inserting ``subparagraph (K)''; and (4) by inserting after subparagraph (I) the following: ``(J) in consultation with the Commissioner for Education Statistics, identify and select the States that will participate in the trial State academic assessments described in section 303(b)(3)(A)(iv); and''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 305 of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9624) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) History and Civics Assessments.--There are authorized to be appropriated-- ``(1) $7,000,000 for each of fiscal years 2008 and 2009 to carry out sections 303(b)(3)(A)(iv) and 302(e)(1), of which not more than $500,000 for each fiscal year shall be available to carry out section 302(e)(1); and ``(2) such sums as may be necessary to carry out such sections for each succeeding fiscal year.''. SEC. 6. CONFORMING AMENDMENT. Section 113(a)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9513(a)(1)) is amended by striking ``section 302(e)(1)(J)'' and inserting ``section 302(e)(1)(K)''.

American History and Civics Achievement Act - Amends the National Assessment of Educational Progress Authorization Act to direct the Commissioner for Education Statistics to give a priority to conducting national assessments of student achievement in history at least once every four years in grades 4, 8, and 12. Requires the Commissioner to conduct, in at least ten geographically diverse states, trial state academic assessments of student achievement in: (1) U.S. history in grades 8 and 12; and (2) civics in grades 8 and 12. Directs the National Assessment of Educational Progress governing board to select the participating states.

A bill to amend the National Assessment of Educational Progress Authorization Act to require State academic assessments of student achievement in United States history and civics, and for other purposes.

SEC. 1. SHORT TITLE. This Act may be cited as the ``Patent Application Publication Act of 1994''. SEC. 2. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS. Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1) an application for patent, published under section 122(b), by another filed in the United States before the invention thereof by the applicant for patent; or ``(2) a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by applicant for patent, or''. SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE. (a) In a Foreign Country.--The second paragraph of section 119 of title 35, United States Code, is amended to read as follows: ``No application for patent shall be entitled to this right of priority unless a claim therefor and a certified copy of the original foreign application, specification and drawings upon which it is based are filed in the Patent and Trademark Office at such time during the pendency of the application as required by the Commissioner. The Commissioner may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. The certification of the original foreign application, specification and drawings shall be made by the patent office of the foreign country in which filed and show the date of the application and of the filing of the specification and other papers. The Commissioner may require a translation of the papers filed if not in the English language and such other information as he deems necessary. (b) In the United States.--Section 120 of title 35, United States Code, is amended by adding at the end thereof the following: ``The Commissioner may determine the time period within which an amendment containing the specific reference to the earlier filed application shall be submitted.''. SEC. 4. EARLY PUBLICATION. (a) In General.--Section 122 of title 35, United States Code, is amended to read as follows: ``Sec. 122. Confidential status of applications; publication of patent applications ``(a) Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner. ``(b) Each application for patent shall be published, in accordance with procedures as determined by the Commissioner, as soon as possible after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title, except that an application that is no longer pending shall not be published and an application subject to a secrecy order under section 181 of this title shall not be published. An application not subject to a secrecy order under section 181 of this title may be published earlier than the expiration date described in the preceding sentence at the request of the applicant. No information concerning published patent applications shall be made available to the public except as the Commissioner shall determine. Notwithstanding any other provision of law, a determination by the Commissioner to release or not to release information concerning a published patent application shall be final and nonreviewable.''. (b) Cost Recovery for Publication.--The Commissioner shall recover the cost of early publication required by the amendment made under subsection (a) by adjusting the filing, issue and maintenance fees, by charging a separate publication fee, or by any combination of these methods. SEC. 5. PROVISIONAL RIGHTS. Section 154 of title 35, United States Code, is amended-- (1) by inserting ``(a)'' before ``Every patent''; and (2) by adding at the end thereof the following new subsection: ``(b)(1) In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application for such patent under subsection 122(b) of this title until issue of that patent-- ``(A)(i) makes, uses, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or ``(ii) if the invention as claimed in the published patent application is a process, uses or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and ``(B) had actual notice or knowledge of the published patent application. ``(2) The right to obtain a reasonable royalty shall not be available under this subsection unless the invention claimed in the patent is substantially identical to the invention as claimed in the published patent application.''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. (1) Section 12 of title 35, United States Code, is amended by inserting ``published applications and'' before ``patents''. (2) Section 13 of title 35, United States Code, is amended by inserting ``published applications and'' before ``patents''. (3) The table of sections for chapter 11 of title 35, United States Code, is amended in the item relating to section 122 by inserting ``; publication of patent applications'' after ``applications''. (4) The table of sections for chapter 14 of title 35, United States Code, is amended in the item relating to section 154 by inserting ``; provisional rights'' after ``patent''. (5) Section 181 of title 35, United States Code, is amended-- (A) in the first paragraph-- (i) by inserting ``by the publication of an application or'' after ``disclosure''; and (ii) by inserting ``the publication of an application or'' after ``withhold''; (B) in the second paragraph by inserting ``by the publication of an application or'' after ``disclosure of an invention''; (C) in the third paragraph-- (i) by inserting ``by the publication of the application or'' after ``disclosure of the invention''; and (ii) by inserting ``the publication of the application or'' after ``withhold''; and (D) in the fourth paragraph of the first sentence by inserting ``the publication of an application or'' after ``kept secret and''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), sections 2 through 6 shall take effect on January 1, 1996 and shall apply to all national applications filed in the United States on or after such date. (b) Provisional Rights.--The amendment made by section 5 of this Act shall only apply to applications subject to a term beginning on the date on which the patent issues and ending-- (1) 20 years after the date on which the application for patent was filed in the United States; or (2) if the application contains a specific reference to an earlier filed application or applications under sections 120, 121 or 365(c) of title 35, United States Code, 20 years after the date on which the earliest such application was filed.

Patent Application Publication Act of 1994 - Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States before the invention thereof by the applicant. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner of Patents. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Requires each patent application to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is substantially identical to that claimed in the published application.

Patent Application Publication Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Improper payment.--The term ``improper payment'' has the meaning given the term in section 2 of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). (2) Questionable transaction.--The term ``questionable transaction'' means a charge card transaction that from initial card data appears to be high risk and may therefore be improper due to non-compliance with applicable law, regulation or policy. (3) Strategic sourcing.--The term ``strategic sourcing'' means analyzing and modifying a Federal agency's spending patterns to better leverage its purchasing power, reduce costs, and improve overall performance. SEC. 3. EXPANDED USE OF DATA ANALYTICS. (a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator for General Services, shall develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs. These analytics may employ existing General Services Administration capabilities, and may be in conjunction with agencies' capabilities, for the purpose of-- (1) identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency use in-- (A) identifying questionable purchase and travel card transactions; and (B) recovering improper payments made with purchase and travel cards; (2) identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use, including additional agency opportunities for card-based strategic sourcing; (3) developing a set of purchase and travel card metrics and benchmarks for high risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase and travel card management and oversight activities, including those required by the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194); and (4) developing a plan, which may be based on existing capabilities, to create a library of analytics tools and data sources for use by Federal agencies (including inspectors general of those agencies). SEC. 4. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB IMPROPER PAYMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the interagency charge card data management group established under section 5, shall issue guidance on improving information sharing by government agencies (including inspectors general) for the purposes of section 3(a)(1). (b) Elements.--The guidance issued under subsection (a) shall-- (1) require relevant officials at Federal agencies to identify high-risk activities and communicate that information to the appropriate management levels within the agencies; (2) require that appropriate officials at Federal agencies review the reports issued by charge card-issuing banks on questionable transaction activity (such as purchase and travel card pre-suspension and suspension reports, delinquency reports, and exception reports), including transactions that occur with high risk activities, and suspicious timing or amounts of cash withdrawals or advances; (3) provide for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with General Services Administration Office of Charge Card Management and the appropriate officials in Federal agencies; and (4) include other requirements determined appropriate by the Director for the purposes of carrying out this Act. SEC. 5. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP. (a) Establishment.--The Administrator of General Services and the Director of the Office of Management and Budget shall establish a purchase and travel charge card data management group to develop and share best practices for the purposes described in section 3(a). (b) Elements.--The best practices developed under subsection (a) shall-- (1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; (2) include the review of accounts payable information and purchase and travel card transaction data of agencies for the purpose of identifying potential strategic sourcing and other additional opportunities (such as recurring payments, utility payments, and grant payments) for which the charge cards or related payment products could be used as a payment method; and (3) include other best practices as determined by the Administrator and Director. (c) Membership.--The purchase and travel charge card data management group shall meet regularly as determined by the co-chairs, for a duration of three years, and include those agencies as described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) and others identified by the Administrator and Director. SEC. 6. REPORTING REQUIREMENTS. (a) General Services Administration Report.--Not later than one year after the date of the enactment of this Act, the Administrator for General Services shall submit a report to Congress on the implementation of this Act, including the metrics used in determining whether the analytic and benchmarking efforts have reduced, or contributed to the reduction of, questionable or improper payments as well as improved utilization of card-based payment products. (b) Agency Reports and Consolidated Report to Congress.--Not later than one year after the date of the enactment of this Act, the head of each Federal agency described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) shall submit a report to the Director of the Office of Management and Budget on that agency's activities to implement this Act. (c) Office of Management and Budget Report to Congress.--The Director of the Office of Management and Budget shall submit to Congress a consolidated report of agency activities to implement this Act, which may be included as part of another report submitted to Congress by the Director. (d) Report on Additional Savings Opportunities.--Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall submit a report to Congress identifying and exploring further potential savings opportunities for government agencies under the Federal charge card programs. This report may be combined with the report required under subsection (a). Passed the Senate December 16, 2015. Attest: Secretary. 114th CONGRESS 1st Session S. 1616 _______________________________________________________________________ AN ACT To provide for the identification and prevention of improper payments and the identification of strategic sourcing opportunities by reviewing and analyzing the use of Federal agency charge cards.

Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015 (Sec. 3) This bill requires the Office of Management and Budget (OMB) to develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs for the purpose of: identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency use in identifying questionable purchase and travel card transactions and in recovering improper payments made with purchase and travel cards; identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use; developing a set of purchase and travel card metrics and benchmarks for high risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase and travel card management and oversight activities; and developing a plan to create a library of analytics tools and data sources for use by federal agencies. The bill defines: (1) "questionable transaction" as a charge card transaction that, from initial card data, appears to be high risk and that may be improper; and (2) "strategic sourcing" as analyzing and modifying a federal agency's spending patterns to better leverage its purchasing power, reduce costs, and improve overall performance. (Sec. 4) The OMB must issue guidance on improving information sharing by government agencies, including by: (1) requiring relevant officials at federal agencies to identify high-risk activities and communicate that information to the appropriate management levels within the agencies; (2) requiring that appropriate officials at federal agencies review the reports issued by charge card-issuing banks on questionable transaction activity, including transactions that occur with high risk activities, and suspicious timing or amounts of cash withdrawals or advances; and (3) providing for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with GSA's Office of Charge Card Management and the appropriate federal agency officials. (Sec. 5) The GSA and the OMB must establish a purchase and travel charge card data management group to develop and share best practices, which shall: (1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; and (2) include the review of accounts payable information and purchase and travel card transaction data of agencies for the purpose of identifying potential strategic sourcing and other additional opportunities for which the charge cards or related payment products could be used as a payment method. (Sec. 6) The GSA shall report to Congress on this Act's implementation, including the metrics used in determining whether the analytic and benchmarking efforts have reduced, or contributed to the reduction of, questionable or improper payments as well as improved utilization of card-based payment products. Each executive agency that issues and uses purchase cards and convenience checks shall report to the OMB on activities to implement this Act. The OMB shall submit to Congress a consolidated report of agency activities to implement this Act. The GSA shall report to Congress identifying and exploring further potential savings opportunities for government agencies under the federal charge card programs.

Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistics, Law Assistance, and Safety Technology Act'' (``BLAST''). SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; (4) to add ballistics testing to existing firearms enforcement programs; and (5) to provide for targeted enforcement of Federal firearms laws. TITLE I--BLAST SEC. 101. DEFINITION OF BALLISTICS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets were discharged, through identification of the unique characteristics that each firearm imprints on bullets and cartridge casings.''. SEC. 102. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS. (a) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Secretary by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Secretary for entry in a computerized database; and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Secretary by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General and the Secretary shall assist firearm manufacturers and importers in complying with paragraph (1) through-- ``(i) the acquisition, disposition, and upgrades of ballistics equipment and bullet recovery equipment to be placed at or near the sites of licensed manufacturers and importers; ``(ii) the hiring or designation of personnel necessary to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) any other steps necessary to make ballistics testing effective. ``(B) The Attorney General and the Secretary shall-- ``(i) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records stored under this subsection, as soon as such a capability is available; and ``(ii) encourage training for all ballistics examiners. ``(4) Not later than 1 year after the date of enactment of this subsection and annually thereafter, the Attorney General and the Secretary shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the impact of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records provided under this section served as a valuable investigative tool; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to section 6 of the Ballistics, Law Assistance, and State Technology Act. ``(5) There is authorized to be appropriated to the Department of Justice and the Department of the Treasury for each of fiscal years 2001 through 2004, $20,000,000 to carry out this subsection, including-- ``(A) installation of ballistics equipment and bullet recovery equipment; ``(B) establishment of sites for ballistics testing; ``(C) salaries and expenses of necessary personnel; and ``(D) research and evaluation. ``(6) The Secretary and the Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) take effect on the date on which the Attorney General and the Secretary of the Treasury, in consultation with the Board of the National Integrated Ballistics Information Network, certify that the ballistics systems used by the Department of Justice and the Department of the Treasury are sufficiently interoperable to make mandatory ballistics testing of new firearms possible. (2) Effective on date of enactment.--Section 923(m)(6) of title 18, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act. SEC. 103. PRIVACY RIGHTS OF LAW ABIDING CITIZENS. Ballistics information of individual guns in any form or database established by this Act may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. SEC. 104. DEMONSTRATION FIREARM CRIME REDUCTION STRATEGY. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury and the Attorney General shall establish in the jurisdictions selected under subsection (c), a comprehensive firearm crime reduction strategy that meets the requirements of subsection (b). (b) Program Elements.--Each program established under subsection (a) shall, for the jurisdiction concerned-- (1) provide for ballistics testing, in accordance with criteria set forth by the National Integrated Ballistics Information Network, of all firearms recovered during criminal investigations, in order to-- (A) identify the types and origins of the firearms; (B) identify suspects; and (C) link multiple crimes involving the same firearm; (2) require that all identifying information relating to firearms recovered during criminal investigations be promptly submitted to the Secretary of the Treasury, in order to identify the types and origins of the firearms and to identify illegal firearms traffickers; (3) provide for coordination among Federal, State, and local law enforcement officials, firearm examiners, technicians, laboratory personnel, investigators, and prosecutors in the tracing and ballistics testing of firearms and the investigation and prosecution of firearms-related crimes including illegal firearms trafficking; and (4) require analysis of firearm tracing and ballistics data in order to establish trends in firearm-related crime and firearm trafficking. (c) Participating Jurisdictions.-- (1) In general.--The Secretary of the Treasury and the Attorney General shall select not fewer than 10 jurisdictions for participation in the program under this section. (2) Considerations.--In selecting jurisdictions under this subsection, the Secretary of the Treasury and the Attorney General shall give priority to jurisdictions that-- (A) participate in comprehensive firearm law enforcement strategies, including programs such as the Youth Crime Gun Interdiction Initiative (known as ``YCGII''), Project Achilles, Project Disarm, Project Triggerlock, Project Exile, and Project Surefire, and Operation Ceasefire; (B) draft a plan to share ballistics records with nearby jurisdictions that require ballistics testing of firearms recovered during criminal investigations; and (C) pledge to match Federal funds for the expansion of ballistics testing on a one-on-one basis. (d) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2001 through 2004, $20,000,000 to carry out this section, including-- (1) installation of ballistics equipment; and (2) salaries and expenses for personnel (including personnel from the Department of Justice and the Bureau of Alcohol, Tobacco, and Firearms). TITLE II--EXILE SEC. 201. TARGETED ENFORCEMENT OF FEDERAL FIREARMS LAWS. (a) Designation.--The Attorney General and the Secretary of the Treasury, after consultation with appropriate State and local officials, shall designate not less than 50 local jurisdictions in which to enforce aggressively Federal laws designed to prevent the possession by criminals of firearms (as defined in section 921(a) of title 18, United States Code). (b) Assistance.--In order to provide assistance for the enforcement of Federal laws designed to prevent the possession by criminals of firearms, the Attorney General and the Secretary of the Treasury may-- (1) direct the detailing of Federal personnel, including Assistant United States Attorneys and agents and investigators of the Bureau of Alcohol, Tobacco, and Firearms, to designated jurisdictions, subject to the approval of the head of that department or agency that employs such personnel; (2) coordinate activities with State and local officials, including facilitation of training of State and local law enforcement officers and prosecutors in designated jurisdictions to work with Federal prosecutors, agents, and investigators to identify appropriate cases for enforcement of Federal laws designed to prevent the possession by criminals of firearms; (3) help coordinate, in conjunction with local officials, local businesses, and community leaders, public outreach in designated jurisdictions regarding penalties associated with violation of Federal laws designed to prevent the possession by criminals of firearms. (c) Criteria for Designation.--In designating local jurisdictions under this section, the Attorney General and Secretary of the Treasury shall consider-- (1) the extent to which there is a high rate of recidivism among armed felons in the jurisdiction; (2) the extent to which there is a high rate of violent crime in the jurisdiction; (3) the extent to which State and local law enforcement agencies have committed resources to respond to the illegal possession of firearms in the jurisdiction, as an indication of their determination to respond aggressively to the problem; (4) the extent to which a significant increase in the allocation of Federal resources is necessary to respond adequately to the illegal possession of firearms in the jurisdiction; and (5) any other criteria as the Attorney General and Secretary of the Treasury consider to be appropriate. (d) Priority.--In addition to the criteria set forth in subsection (c), in considering which local jurisdictions to designate under this section, the Attorney General and the Secretary of the Treasury shall give priority to jurisdictions that have-- (1) demonstrated a commitment to enforcement of Federal firearms laws through participation in initiatives like the Youth Crime Gun Interdiction Initiative, Project Disarm, and Operation Ceasefire; (2) identified a large number of convicted felons involved in firearms trafficking to individuals under age 25; and (3) agreed to require that all identifying information relating to firearms recovered during criminal investigations be promptly submitted to the Secretary of the Treasury to identify the types and origins of such firearms and to identify illegal firearms traffickers. (e) Reports and Evaluation.-- (1) Annual report.--The Attorney General and the Secretary of the Treasury shall annually submit to the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate a report, which shall include information relating to-- (A) the number of arrests by Federal, State, and local law enforcement officials involving illegal possession of firearms by criminals in each designated city; (B) the number of individuals prosecuted for illegal firearms possession by criminals in Federal, State, and local court in each designated city, the number of convictions, and a breakdown of sentences imposed; and (C) a description of the public outreach initiatives being implemented in designated jurisdictions. (2) Evaluation.--Not later than 3 years after the date of enactment of this Act, the Attorney General and the Secretary of the Treasury shall submit to the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate a report concerning the effectiveness of the designation of jurisdictions under this section, including an analysis of whether crime within the jurisdiction has been reduced or displaced to nearby jurisdictions, along with any recommendations for related legislation. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2001 through 2004.

Directs the Attorney General and the Secretary to assist firearm manufacturers and importers in complying through: (1) the acquisition, disposition, and upgrades of ballistics equipment and bullet recovery equipment to be placed at or near the sites of licensed manufacturers and importers; (2) the hiring or designation of personnel necessary to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; (3) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; and (4) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking. Directs the Attorney General and the Secretary to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records stored under this title, as soon as such a capability is available; and (2) encourage training for all ballistics examiners. Sets forth reporting requirements. Authorizes appropriations. Directs the Secretary and the Attorney General to conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. (Sec. 103) Prohibits the use of ballistics information of individual guns in any form or database established by this Act for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. (Sec. 104) Directs the Secretary and the Attorney General to establish in the jurisdictions selected a comprehensive firearm crime reduction strategy which shall: (1) provide for ballistics testing, in accordance with criteria set forth by the National Integrated Ballistics Information Network, of all firearms recovered during criminal investigations to identify the types and origins of the firearms, identify suspects, and link multiple crimes involving the same firearm; (2) require that all identifying information relating to firearms recovered during criminal investigations be promptly submitted to the Secretary in order to identify the types and origins of the firearms and to identify illegal firearms traffickers; (3) provide for coordination among Federal, State, and local law enforcement officials, firearm examiners, technicians, laboratory personnel, investigators, and prosecutors in the tracing and ballistics testing of firearms and the investigation and prosecution of firearms-related crimes, including illegal firearms trafficking; and (4) require analysis of firearm tracing and ballistics data in order to establish trends in firearm-related crime and firearm trafficking. Requires the Secretary and the Attorney General to select not fewer than ten jurisdictions for participation in the program. Sets forth provisions regarding selection criteria. Authorizes appropriations. Title II: Exile - Directs the Attorney General and the Secretary to designate not less than 50 local jurisdictions in which to enforce aggressively Federal laws designed to prevent the possession by criminals of firearms. Authorizes the Attorney General and the Secretary, in order to provide assistance for the enforcement of Federal laws designed to prevent the possession by criminals of firearms, to: (1) direct the detailing of Federal personnel, including Assistant U.S. Attorneys and Bureau of Alcohol, Tobacco, and Firearms investigators, to designated jurisdictions, subject to department or agency head approval; (2) coordinate activities with State and local officials, including facilitation of training of State and local law enforcement officers and prosecutors in designated jurisdictions to work with Federal prosecutors, agents, and investigators to identify appropriate cases for enforcement of Federal laws designed to prevent the possession by criminals of firearms; and (3) help coordinate public outreach in designated jurisdictions regarding penalties association with violation of Federal laws designed to prevent the possession by criminals of firearms. Sets forth provisions regarding criteria for designation, priority in considering which local jurisdictions to designate, reports, and evaluation. Authorizes appropriations.

Ballistics, Law Assistance, and Safety Technology Act (BLAST)

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Senior Citizens Pet Ownership Protection Act''. SEC. 2. PET OWNERSHIP. Section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) is amended-- (1) by striking the section heading and inserting the following new section heading: ``pet ownership by elderly and disabled families in federally assisted rental housing''; (2) by striking subsection (d); (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following new subsection: ``(c) Pet Ownership by Elderly Families in Other Federally Assisted Housing.-- ``(1) Rights of tenants.--No owner or manager of any other federally assisted rental housing may-- ``(A) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing who is an elderly family from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; ``(B) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing who, during such tenancy, was an elderly family who owned or had a common household pet living in the dwelling accommodations of such tenant in such housing from continuing to own or have the pet in the accommodations after the tenant no longer qualifies as an elderly family; or ``(C) restrict or discriminate against any elderly family in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. ``(2) Regulations.-- ``(A) Requirement.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure-- ``(i) compliance with the provisions of paragraph (1) with respect to any program of assistance referred to in subsection (e)(3) that is administered by such Secretary; and ``(ii) attaining the goal of providing decent, safe, and sanitary housing for elderly families. ``(B) Management guidelines.--Such regulations shall establish guidelines under which the owner or manager of any other federally assisted rental housing (i) may prescribe reasonable rules for the keeping of pets in such housing by tenants pursuant to paragraph (1), and (ii) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care.''; (5) in subsection (d) (as so redesignated by paragraph (3))-- (A) by inserting ``Authority to Remove Pets.--'' after ``(d)''; and (B) by inserting after ``handicapped'' the following: ``or of other federally assisted rental housing''; and (6) by adding at the end the following new subsection: ``(f) Definitions.--For purposes of this section: ``(1) Elderly and disabled families.--The terms `elderly families' and `disabled families' shall have the meanings given such terms in section 3(b)(3) of the United States Housing Act of 1937. ``(2) Federally assisted rental housing for the elderly or disabled.--The term `federally assisted rental housing for the elderly or disabled' means any rental housing project that is assisted under-- ``(A) section 202 of the Housing Act of 1959; ``(B) section 811 of the Cranston-Gonzalez National Affordable Housing Act; or ``(C) the United States Housing Act of 1937, the National Housing Act, or title V of the Housing Act of 1949, and is designated for occupancy by elderly or disabled families or by elderly or handicapped families. ``(3) Other federally assisted rental housing.--The term `other federally assisted rental housing' means any-- ``(A) public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937); ``(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937; ``(C) housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act; ``(D) housing insured, assisted, or held by the Secretary of Housing and Urban Development or a State or State agency under section 236 of the National Housing Act; ``(E) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and ``(F) rental housing project assisted under title V of the Housing Act of 1949.''. SEC. 3. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue any regulations necessary to carry out section 227 of the Housing and Urban-Rural Recovery Act of 1983, as amended by section 2 of this Act. (b) Effective Date.--Section 227 of the Housing and Urban-Rural Recovery Act of 1983, as amended by section 2 of this Act, shall take effect upon the earlier of-- (1) the effective date of the regulations issued under subsection (a); or (2) the expiration of the 18-month period beginning on the date of the enactment of this Act. After the enactment of this Act and before the effective date under the preceding sentence, the provisions of such section 227 shall continue to apply as if the amendments made section 2 of this Act had not been enacted.

National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.

National Senior Citizens Pet Ownership Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Respect Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental rights. (3) An alarming trend of violence directed at lesbian, gay, bisexual, and transgender (in this section referred to as ``LGBT'') individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, the Russian Federation, Uganda, and Kyrgyzstan have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Persons who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) In many instances, police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT individuals, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives. (2) Foreign person.--The term ``foreign person'' has the meaning given that term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information-- (1) is responsible for or complicit in torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing disappearance by abduction and clandestine detention, or other flagrant denials of the right to life, liberty, or security of the person based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates.--The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance Relating to Submission of Certain Information.--The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form.-- (1) In general.--The list required by subsection (a) shall be submitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in subsection (a). (3) Consideration of certain information.--In preparing the list required by subsection (a), the President shall consider-- (A) information provided by the chairperson or ranking member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal From List.--A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that-- (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in subsection (a). (f) Requests by Chairperson or Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to that chairperson or ranking member, as the case may be, with respect to the status of that foreign person. (2) Form.--The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.-- (A) In general.--If the President removes a foreign person from the list required by subsection (a), the President shall provide the chairpersons and ranking members of the appropriate congressional committees with any information that contributed to the decision to remove the foreign person from the list. (B) Form of information.--The President may submit the information required by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas and Admission to the United States.--An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current Visas Revoked and Removal From United States.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if-- (A) the Secretaries determine that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers.--In the case of a waiver under subparagraph (A)(ii) of paragraph (1), the Secretary of State and the Secretary of Homeland Security shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding the report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons for those increases or decreases; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Tracking Violence or Criminalization Related to Sexual Orientation or Gender Identity.--The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate a senior officer or officers of the Bureau for Democracy, Human Rights, and Labor who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) in paragraph (11)(C), by striking ``and'' at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity.''; and (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following: ``Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity.''.

Global Respect Act Act of 2017 This bill directs the President to submit to Congress, every 180 days, a list of each foreign person that the President determines is responsible for or complicit in, or who acted as an agent for a foreign person in a matter relating to, detention, torture, or other denials of the right to life, liberty, or security of a person based on actual or perceived sexual orientation or gender identity. The Department of State shall issue public guidance relating to how names of foreign persons may be included on such list. A foreign listed person: (1) may be removed from the list under specified conditions; (2) is ineligible to enter or be admitted to the United States, or (3) if in the United States, shall have his or her visa revoked and be removed. The State Department and the Department of Homeland Security may waive such prohibition if such waiver is in U.S. national security interests or is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification is required prior to any such waiver. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to require the annual country reports on human rights practices to include information on sexual orientation or gender identity violence or restrictions.

Global Respect Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes From Concussions Act of 2017''. SEC. 2. MINIMUM STATE REQUIREMENTS. Part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the following: ``Subpart 6--State Requirements for the Prevention and Treatment of Concussions ``SEC. 8581. MINIMUM STATE REQUIREMENTS. ``(a) In General.--Beginning fiscal year 2019, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: ``(1) Local educational agency concussion safety and management plan.--Each local educational agency in the State (including each charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes-- ``(A) the education of students, parents, and school personnel about concussions, including-- ``(i) the training of school personnel on evidence-based concussion safety and management, including on prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and ``(ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; ``(B) supports for each student recovering from a concussion, including-- ``(i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include-- ``(I) a health care professional, the parents of such student, and other relevant school personnel; and ``(II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; ``(ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such a student; and ``(iii) if the student's symptoms of concussion persist for a substantial period of time-- ``(I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) to determine whether the student is eligible for services under part B of such Act (20 U.S.C. 1411 et seq.); or ``(II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and ``(C) best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including-- ``(i) disseminating information on concussion safety and management to the public; and ``(ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. ``(2) Posting of information on concussions.--Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- ``(A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); ``(B) shall include-- ``(i) the risks posed by sustaining a concussion or multiple concussions; ``(ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and ``(iii) the signs and symptoms of a concussion; and ``(C) may include-- ``(i) the definition of a concussion under section 8582(1); ``(ii) the means available to the student to reduce the incidence or recurrence of a concussion; and ``(iii) the effects of a concussion on academic learning and performance. ``(3) Response to a concussion.--If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity-- ``(A) the student shall be-- ``(i) immediately removed from participation in such activity; and ``(ii) prohibited from resuming participation in school-sponsored athletic activities-- ``(I) on the day the student sustained the concussion; and ``(II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraph (4); ``(B) the school personnel shall report to the concussion management team-- ``(i) that the student may have sustained a concussion; and ``(ii) all available information with respect to the student's injury; and ``(C) the concussion management team shall confirm and report to the parents of the student-- ``(i) the type of injury, and the date and time of the injury, suffered by the student; and ``(ii) any actions that have been taken to treat the student. ``(4) Return to athletics.--If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that-- ``(A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- ``(i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and ``(ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion; and ``(B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. ``(5) Return to academics.--If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including-- ``(A) providing for periods of cognitive rest over the course of the school day; ``(B) providing modified academic assignments; ``(C) allowing for gradual reintroduction to cognitive demands; and ``(D) other appropriate academic accommodations or adjustments. ``(b) Certification Requirement.--The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). ``SEC. 8582. DEFINITIONS. ``In this subpart: ``(1) Concussion.--The term `concussion' means a type of mild traumatic brain injury that-- ``(A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; ``(B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience-- ``(i) any period of observed or self- reported-- ``(I) transient confusion, disorientation, or altered consciousness; ``(II) dysfunction of memory around the time of injury; or ``(III) disruptions in gait or balance; and ``(ii) symptoms that may include-- ``(I) physical symptoms, such as headache, fatigue, or dizziness; ``(II) cognitive symptoms, such as memory disturbance or slowed thinking; ``(III) emotional symptoms, such as irritability or sadness; or ``(IV) difficulty sleeping; and ``(C) occurs-- ``(i) with or without the loss of consciousness; and ``(ii) during participation-- ``(I) in a school-sponsored athletic activity; or ``(II) in any other activity without regard to whether the activity takes place on school property or during the school day. ``(2) Health care professional.--The term `health care professional' means a physician (including a medical doctor or doctor of osteopathic medicine), nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual-- ``(A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and ``(B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. ``(3) Public school.--The term `public school' means a public elementary school or public secondary school. ``(4) School personnel.--The term `school personnel' includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, coaches and athletic trainers, and other support staff who are employed by a school or who perform services for the school on a contractual basis. ``(5) School-sponsored athletic activity.--The term `school-sponsored athletic activity' means-- ``(A) any physical education class or program of a public school; ``(B) any athletic activity authorized by a public school that takes place during the school day on the school's property; ``(C) any activity of an extra-curricular sports team, club, or league organized by a public school; and ``(D) any recess activity of a public school.''. SEC. 3. CONFORMING AMENDMENTS. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8574 the following: ``subpart 6--state requirements for the prevention and treatment of concussions ``Sec. 8581. Minimum State requirements. ``Sec. 8582. Definitions.''.

Protecting Student Athletes from Concussions Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds, beginning in FY2019, on the state's enforcement of specified minimum requirements for the prevention and treatment of concussions. Each local educational agency must develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) specified supports for each student recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management. Each public school must post on school grounds and publish on the school website specified information about concussions. If any public school personnel suspects that a student has sustained a concussion during a school-sponsored activity, the student must be immediately removed from participation in that activity and prohibited from participating in any school-sponsored athletic activities until the student submits a written release from a health care professional. Furthermore, the school personnel must report all available information regarding the injury to a concussion management team that will confirm and report details of the injury to the student's parents. The school's concussion management team shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports.

Protecting Student Athletes From Concussions Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Section 515 Rural Housing Property Transfer Improvement Act of 2008''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) providing rural housing for poor families in the United States has been an important goal, and the primary reason for enactment, of the Housing Act of 1949; (2) rural multifamily housing financed under the section 515 of the Housing Act of 1949 has been an essential resource for providing affordable housing for some of the Nation's poorest families; (3) the majority of the approximately 16,000 projects financed under section 515 that currently have loans outstanding were constructed more than 25 years ago and need new financing in order to continue to provide decent, affordable housing for families eligible to reside in such housing; (4) many owners of such projects are working to transfer the properties, which often involves leveraging Federal resources with private and commercial resources; and (5) the Secretary of Agriculture should protect the portfolio of section 515 projects by making administrative and procedural changes to process ownership transfers in a commercially reasonable time and manner when such transfers will further the preservation of such projects for use as affordable housing for families eligible to reside in such housing. SEC. 3. TRANSFERS OF SECTION 515 RURAL MULTIFAMILY HOUSING PROJECTS. Section 515(h) of the Housing Act of 1949 (42 U.S.C. 1485) is amended-- (1) by inserting ``(1) Condition.--'' after ``(h)''; and (2) by adding at the end the following: ``(2) Transfers for Preservation and Rehabilitation of Projects.-- ``(A) In general.--The Secretary shall make such administrative and procedural changes as may be necessary to expedite the approval of applications to transfer ownership of projects for which a loan is made or insured under this section for the preservation, continued use restriction, and rehabilitation of such projects. Such changes may include changing approval procedures, increasing staff and resources, improving outreach to project sponsors regarding information that is required to be submitted for such approvals, changing approval authority between national offices and the State and local offices, simplifying approval requirements, establishing uniformity of transfer requirements among State offices, and any other actions which would expedite approvals. ``(B) Consultation.--The Secretary of Agriculture shall consult with the Commissioner of the Internal Revenue Service and the Secretary of Housing and Urban Development, and take such actions as are appropriate in conjunction with such consultation, to simplify the coordination of rules, regulations, forms (including applications for transfers of project ownership), and approval requirements for housing projects for which assistance is provided by the Secretary of Agriculture and under any low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 or tax-exempt housing bonds. The Secretary of Agriculture shall involve the State Rural Development offices of Department of Agriculture and the Administrator of the Rural Housing Service in the consultations under this subparagraph as the Secretary considers appropriate. ``(C) Preservation and rehabilitation.--The Secretary shall actively facilitate transfers of the ownership of projects that will result in the preservation, continued use restriction, and rehabilitation of such projects. ``(D) Final authority over transfers.--The Office of Rental Housing Preservation of the Rural Housing Service, established under section 537, shall have final regulatory authority over all transfers of properties for which a loan is made or insured under this section, and such Office may, with respect to such transfers, work with and seek recommendations from the State Rural Development offices of the Department of Agriculture. ``(E) Deadlines for processing of transfer applications.-- ``(i) Procedure.--If a complete application, as determined by the Secretary, for a transfer of ownership of a project or projects is not processed, and approved or denied, by the State Rural Development office to which it is submitted before the applicable deadline under clause (ii)-- ``(I) such State or local office shall not have any further authority to approve or deny the application; ``(II) such State or local office shall transfer the application in accordance with subclause (III); and ``(III) such application shall be processed, and approved or denied, in accordance with clause (iii) and only by the Office of Rental Housing Preservation, which may make the final determination with the assistance of other Rural Development employees. ``(ii) Deadline for state and local offices.--The applicable deadline under this clause for processing, and approval or denial, of a complete application for transfer of ownership of a project, or projects, shall be the period that begins upon receipt of the complete application by the State Rural Development office to which it is submitted and consists of-- ``(I) in the case of an application for transfer of ownership of a single project, 45 days; ``(II) in the case of an application for transfer of ownership of multiple projects, but not exceeding 10 projects, 90 days; and ``(III) in the case of an application for transfer of ownership of 11 or more projects, 120 days. ``(iii) Deadline for office of rental housing preservation.--In the case of any complete application for a transfer of ownership of a project, or projects, that is transferred pursuant to clause (i), shall be processed, and approved or denied, before the expiration of the period that begins upon receipt of the complete application and consists of-- ``(I) in the case of an application for transfer of ownership of a single project, 30 days; ``(II) in the case of an application for transfer of ownership of multiple projects, but not exceeding 10 projects, 60 days; and ``(III) in the case of an application for transfer of ownership of 11 or more projects, 120 days. ``(iv) Appeals.--Only decisions regarding complete applications shall be appealable to the National Appeals Division of the Department of Agriculture.''. SEC. 4. REPORT. Not later than July 1, 2008, the Secretary of Agriculture shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that-- (1) identifies the actions that the Secretary has taken to coordinate with other Federal agencies, including the Department of Housing and Urban Development and the Internal Revenue Service, and, in particular, with the program for rental assistance under section 8 of the United States Housing Act of 1937, the multifamily mortgage insurance programs under title II of the National Housing Act, the program under section 42 of the Internal Revenue Code of 1986 for low-income housing tax credits, and the program for tax-exempt bonds under section 142 of such Code; (2) identifies and describes any resulting improvements within Rural Housing Service of the Department of Agriculture in expediting the transfer of ownership of projects with loans made or insured under section 515 of the Housing Act of 1949; and (3) makes recommendations for any legislative changes that are needed for the prompt processing of applications for such ownership transfers and for the transfer of such projects.

Section 515 Rural Housing Property Transfer Improvement Act of 2008 - Amends the Housing Act of 1949 to direct the Secretary of Agriculture to: (1) implement administrative and procedural changes to expedite the application approval process for transferring ownership of Section 515 rural multifamily housing projects for which a loan is either made or insured for a project's preservation, continued use restriction, and rehabilitation; and (2) actively facilitate such transfers. Grants final regulatory authority over such property transfers to the Office of Rental Housing Preservation of the Rural Housing Service of the Department of Agriculture. Sets forth deadlines for the processing of transfer applications.

A bill to expedite the transfer of ownership of rural multifamily housing projects with loans made or insured under section 515 of the Housing Act of 1949 so that such projects are rehabilitated and preserved for use for affordable housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and AIDS Research Initiative Amendments of 1996''. SEC. 2. ESTABLISHMENT OF GENERAL PROGRAM OF RESEARCH REGARDING WOMEN AND ACQUIRED IMMUNE DEFICIENCY SYNDROME. Part B of title XXIII of the Public Health Service Act (42 U.S.C. 300cc-11 et seq.) is amended by adding at the end the following section: ``SEC. 2321. RESEARCH REGARDING WOMEN. ``(a) In General.--With respect to cases of infection with the human immunodeficiency virus, the Secretary shall establish a program for the purpose of conducting biomedical and behavioral research on such cases in women, including research on the prevention of such cases. The Secretary may conduct such research directly, and may make grants to public and nonprofit private entities for the conduct of the research. ``(b) Certain Forms of Research.--In carrying out subsection (a), the Secretary shall provide for research on the following: ``(1) The manner in which the human immunodeficiency virus is transmitted to women, including the relationship between cases of infection with such virus and other cases of sexually transmitted diseases, including clinical trials which examine the question of how much human immunodeficiency virus infection can be prevented by finding and treating sexually transmitted diseases in women. ``(2) Measures for the prevention of exposure to and the transmission of such virus, including research on the following: ``(A) The prevention of any sexually transmitted disease that may facilitate the transmission of the virus. ``(B) Rapid, inexpensive, easy-to-use sexually transmitted disease diagnostic tests for women. ``(C) Inexpensive single dose therapy for treatable sexually transmitted diseases. ``(D) The development of methods of prevention for use by women. ``(E) The development and dissemination of prevention programs and materials whose purpose is to reduce the incidence of substance abuse among women. ``(3) The development and progression of symptoms resulting from infection with such virus, including research regarding gynecological infections as well as breast changes, hormonal changes, and menses and menopause changes, whose occurrence becomes probable as a result of the deterioration of the immune system. ``(4) The treatment of cases of such infection, including clinical research. ``(5) Behavioral research on the prevention of such cases and research on model educational programs for such prevention. ``(6) Research leading to an understanding of social, economic, and legal factors whose impact contributes to an increased risk of such infection. ``(7) Research leading to an understanding of social, economic, and legal factors whose impact contributes to-- ``(A) low levels of participation by women in clinical trials; or ``(B) inadequate access to health care services, or inadequate utilization of such services. ``(c) Clinical Research.-- ``(1) Gynecological evaluations.--In clinical trials regarding the human immunodeficiency virus in which women participate as subjects, the Secretary shall ensure-- ``(A) that the designs of the trials include adequate evaluation of prospective subjects prior to enrollment, and adequate evaluation of subjects during the course of the trials, including evaluation of the reproductive tract, and appropriate follow-up services regarding such evaluations; and ``(B) the conduct of studies related to the propensity for cases of infection with such virus to cause abnormalities in the reproductive tract, or to alter the natural history of other reproductive-tract infections and diseases. ``(2) Standard treatments for gynecological conditions.-- The Secretary shall conduct or support clinical trials under subsection (a) to determine whether standard methods of treating gynecological conditions are effective in the case of such conditions that arise as a result of infection with the human immunodeficiency virus. ``(3) Effectiveness of certain treatment protocols.--With respect to cases of infection with the human immunodeficiency virus, the Secretary shall conduct or support clinical research under subsection (a) to determine the effectiveness, on such cases in women, of approved treatment protocols. ``(4) Support services.-- ``(A) In conducting or supporting clinical trials regarding the human immunodeficiency virus in which women participate as subjects, the Secretary shall take into account factors that can facilitate such participation, including consideration of employment schedules and the provision of support services. The Secretary may provide such services accordingly, including transportation services, child care services, medical and mental health services, treatment for drug abuse, social services (including services addressing domestic violence), and other support services. ``(B) Services under subparagraph (A) shall include services designed to respond to the particular needs of women with respect to participation in the clinical trials involved, including, as appropriate, training of the individuals who conduct the trials. ``(d) Prevention Programs.-- ``(1) Sexual transmission.-- ``(A) With respect to preventing the sexual transmission of the human immunodeficiency virus and other sexually transmitted diseases, the Secretary shall conduct or support research under subsection (a) on topical microbicide and physical barrier methods of prevention that women can use without their sexual partner's cooperation or knowledge. ``(B) In carrying out subparagraph (A), the Secretary shall-- ``(i) give priority to carrying out the topical microbicide research agenda of the National Institutes of Health, including agendas regarding basic research, product development, and clinical evaluation of new and existing products; and ``(ii) give special consideration to research on topical microbicides that are not spermicides and that otherwise are methods that do not pose a threat to the ability of women to conceive and bear healthy children. ``(2) Epidemiological research.--The Secretary shall conduct or support epidemiological research under subsection (a) to determine the factors of risk regarding infection with the human immunodeficiency virus that are particular to women, including research regarding-- ``(A) the use of spermicides and other contraceptive methods; ``(B) the use of vaginal products, including douches, tampons, and vaginal medications; ``(C) the relationship between such infection and other sexually transmitted diseases; ``(D) the relationship between such infection and various forms of substance abuse (including use of the form of cocaine commonly known as crack); and ``(E) the relationship between such infection and noncoital forms of sexual activity. ``(e) Interagency Study.--With respect to the study (known as the Women's Interagency HIV Study) that, as of March 1996, is being carried out by the Secretary through various agencies of the Public Health Service for the purpose of monitoring the progression in women of infection with the human immunodeficiency virus, and determining whether such progression is different in women than in men, the following applies: ``(1) The Secretary shall ensure that not less than 2,500 women with such infection are included in the study, and that the demographic variability of the cohort is maintained. ``(2) The Secretary shall ensure that the study period is extended for a minimum of 5 years. ``(3) With respect to markers of human immunodeficiency virus disease progression and viral activity (including the cells commonly known as CD4 cells and including quantitative viral load measures), the Secretary shall ensure that the study adequately addresses the relationship between such markers and the development of serious illnesses in such women. For purposes of the preceding sentence, the study shall address gynecological conditions, and other conditions particular to women, that are not currently included in the list of conditions arising from such infection that, for surveillance purposes, is maintained by the Director of the Centers for Disease Control and Prevention. ``(f) Definitions.--For purposes of this section, the term `human immunodeficiency virus' means the etiologic agent for acquired immune deficiency syndrome. ``(g) Authorizations of Appropriations.-- ``(1) Clinical research.--In addition to any other authorizations of appropriations that are available for the following purposes: ``(A) For the purpose of carrying out subsection (c)(1), there are authorized to be appropriated $20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999. ``(B) For the purpose of carrying out subsection (c)(2), there are authorized to be appropriated $10,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999. ``(C) For the purpose of carrying out subsection (c)(3), there are authorized to be appropriated $10,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999. ``(D) For the purpose of carrying out subsection (c)(4), there are authorized to be appropriated $15,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999. ``(2) Prevention programs.--In addition to any other authorizations of appropriations that are available for the following purposes: ``(A) For the purpose of carrying out subsection (d)(1), there are authorized to be appropriated $10,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999. ``(B) For the purpose of carrying out subsection (d)(2), there are authorized to be appropriated $10,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999. ``(3) Interagency study.--In addition to any other authorizations of appropriations that are available for the purpose of carrying out subsection (e), there are authorized to be appropriated for such purpose $6,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 1999.''.

Women and AIDS Research Initiative Amendments of 1996 - Amends the Public Health Service Act to mandate a program to conduct biomedical and behavioral research (directly or through grants) on cases of infection with the human immunodeficiency virus (HIV) in women. Sets forth requirements regarding the existing Women's Interagency HIV Study. Authorizes appropriations.

Women and AIDS Research Initiative Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Trust Fund Act''. SEC. 2. MODIFICATIONS IN EXCISE TAX ON TRANSPORTATION OF PASSENGERS BY WATER. (a) Increase in Amount of Tax.--Subsection (a) of section 4471 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--There is hereby imposed a tax equal to 5 percent of the amount paid by each passenger for a covered voyage.'' (b) Modification to Covered Voyages.--Clause (i) of section 4472(1)(A) of such Code is amended by inserting before the comma ``and which has a port of call not located in the United States or a possession of the United States''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. EXCISE TAX ON CONTAINERS USED TO IMPORT OR EXPORT COMMERCIAL CARGO. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Containers Used To Import or Export Cargo ``Sec. 4476. Imposition of tax. ``SEC. 4476. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed a tax on any taxable container use. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) on any taxable container use is $15 per 20-foot equivalent unit of the container. ``(c) Liability and Time of Imposition of Tax.-- ``(1) Liability.--The tax imposed by subsection (a) shall be paid by the shipper. ``(2) Time of imposition.--Except as otherwise provided by regulations, the tax imposed by subsection (a) shall be imposed-- ``(A) at the time of exportation in the case of a use described in subsection (d)(1), and ``(B) at the time of entry in the case of a use in subsection (d)(2). ``(d) Taxable Container Use.--For purposes of this section, the term `taxable container use' means-- ``(1) the loading of a container containing commercial cargo on a commercial vessel at a port if-- ``(A) such cargo is being exported from the United States, and ``(B) such vessel is to provide the transport from the United States, and ``(2) the unloading of a container containing commercial cargo from a commercial vessel at a port if such cargo is being entered into the United States. ``(e) Other Definitions.--For purposes of this section-- ``(1) In general.--The terms `commercial cargo', `commercial vessel', and `port' have the respective meanings given such terms under section 4462. ``(2) United states.--The term `United States' includes the possessions of the United States. ``(f) Special Rules.--Rules similar to the rules of subsections (d), (e), (f), (h), and (i) of section 4462 shall apply for purposes of this section.'' (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Containers used to import or export cargo.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1996. SEC. 4. MARITIME TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. MARITIME TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Maritime Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are hereby appropriated to the Maritime Trust Fund amounts equivalent to the net revenues received in the Treasury from the maritime taxes. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the maritime taxes received in the Treasury, over ``(B) the decrease in the tax imposed by chapter 1 resulting from the maritime taxes. ``(3) Maritime taxes.--For purposes of this subsection, the term `maritime taxes' means-- ``(A) the taxes imposed by section 4471 (relating to transportation of passengers by water) to the extent the taxes received in the Treasury under such section exceed the amount that the Secretary estimates would have been received under such section without regard to the amendments made by the Maritime Trust Fund Act, and ``(B) the taxes imposed by section 4476 (relating to containers used to import or export commercial cargo). ``(c) Expenditures From Trust Fund.--Amounts in the Maritime Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out any law which is substantially similar to the title IV of the Merchant Marine Act, 1936 (46 App. U.S.C. 1171) proposed to be added by H.R. 2151 (The Maritime Security and Competitiveness Act of 1993) of the 103d Congress, as introduced.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Maritime Trust Fund.''

Maritime Trust Fund Act - Amends the Internal Revenue Code to increase the tax on transportation of passengers by water on a covered voyage to five percent of the amount paid by each passenger. (Currently, such tax is three dollars per passenger). Requires such voyages to have a port of call not located in the United States or its possessions. Imposes an excise tax on the loading of certain containers used to import or export commercial cargo on commercial vessels. Establishes the Maritime Trust Fund consisting of the maritime taxes imposed by this Act. Requires such Fund to support the maritime security fleet proposed by the Maritime Security and Competitiveness Act of 1993.

Maritime Trust Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mississippi Interstate Cooperative Resource Agreement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) several rivers flow between, or are common to, two or more State boundaries; (2) in many cases, there is not a single entity which has complete jurisdictional responsibility for the fishery resources in these rivers; (3) a strong partnership between Federal and State governmental authorities and citizen groups is vital in coordinating and facilitating cooperative research and in resolving problems associated with large river ecosystems; (4) many fishery management problems are caused by federally regulated activities (including activities resulting in point and nonpoint pollution) and federally constructed projects (including dams and navigation facilities); (5) in some rivers, the once rich assemblages of fish fauna and diverse habitats have been lost and formerly abundant native fish now exist only as endangered or depleted populations; (6) without positive management actions, native species in some rivers will continue to decline, fostering even greater conflicts among water users; (7) construction of waterway developments (including navigation, flood control, water level fluctuation, power generation, irrigation, and general water depletion projects) is accelerating and increasingly degrading large river ecosystems nationwide; (8) the United States public will face reduced opportunities for recreational, commercial, subsistence, and aesthetic uses of river systems without demonstrable change in management strategies in the near future; (9) several programs have been proposed or are underway to resolve conflicts in these management strategies; (10) in one of these programs, Federal, State, and local fishery resource managers in the Mississippi River drainage basin have entered into the Mississippi Interstate Cooperative Resource Agreement under which the managers share information, resources, facilities, and funding for preparation, development, and implementation of long-range strategic plans for management of the drainage basin's interjurisdictional fishery resources; (11) the Mississippi Interstate Cooperative Resource Agreement merits detailed evaluation as a model for the development of long-range strategic plans for the management of interjurisdictional rivers fishery resources; and (12) to ensure that these programs are appropriately coordinated and to conserve the fishery resources in interjurisdictional rivers, there is a need for strategies to improve coordination, cooperation, research, and information sharing. SEC. 3. MISSISSIPPI INTERSTATE COOPERATIVE RESOURCE AGREEMENT. (a) Evaluation.--The Secretary, in cooperation with the Mississippi Interstate Cooperative Resource Association, shall conduct a pilot test of the Mississippi Interstate Cooperative Resource Agreement. (b) Contents.--A pilot test conducted under this section may include, among other matters, the following: (1) Identification and description of each of the river ecosystems of the Mississippi River drainage system and the associated fishery resources and fish habitats of such river ecosystems. (2) Identification and description of-- (A) the known impacts, on fishery resources of the Mississippi River drainage basin, of agriculture, navigation, flood control, power generation, irrigation, and municipal water supply projects, including the impacts of nonpoint source pollution, dredging, channel maintenance, water level management, sediment and contaminant transport, vessel traffic, water withdrawal, and changes in salinity and various hydrologic conditions; and (B) techniques for mitigating those impacts. (3) Analysis of existing resource data with regard to regional depletion of important fish stocks (including paddlefish, lake sturgeon, walleye, and other high priority nonanadromous species) and the potential for restoration of such fish stocks. (4) Identification of major information gaps and technological needs to improve the cooperative management of interjurisdictional fishery resources. (5) A comprehensive study of the status, and the management, research, and restoration needs, of the interjurisdictional fishery resources of the Mississippi River drainage system. (6) Development of recommendations regarding the scope, schedule, regional priorities, and roles of participants in the Mississippi Interstate Cooperative Resource Agreement for undertaking cooperative management and research projects. (7) Development of plans and testing projects for the restoration and enhancement of depleted fish stocks (including lake sturgeon, paddlefish, walleye, and other high priority nonanadromous species) and associated habitats of such fish stocks. (8) Evaluation of the feasibility and expected success of the program under the Mississippi Interstate Cooperative Resource Agreement and the merits of extending such program of cooperative management strategy to other interjurisdictional river basins in the United States. (9) Estimates of funds required to implement recommendations and plans developed under paragraphs (6), (7), and (8). (c) Report to Congress.--Not later than 36 months after the date of the enactment of this Act, the Secretary shall transmit to the Congress a report containing the evaluation of the pilot test to be conducted under this section. SEC. 4. PAYMENT OF ASSISTANCE. The Secretary may use amounts available to carry out this Act to pay assistance to the Mississippi Interstate Cooperative Resource Association, for costs it incurs in participating in the pilot test under section 3. SEC. 5. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Interjurisdictional fishery resources.--The term ``interjurisdictional fishery resources'' means fishery resources and associated aquatic habitats that depend on interjurisdictional rivers and are under the management of two or more governmental entities. (2) Interjurisdictional river.--The term ``interjurisdictional river'' means a river that flows along the boundary of, or is common to, two or more States. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (4) State fish and wildlife agency.--The term ``State Fish and Wildlife Agency'' includes any State department or agency, or a part thereof, that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency. (5) The mississippi interstate cooperative resource association.--The term ``Mississippi Interstate Cooperative Resource Association'' means the association comprised of the States and entities that are signatories to the Mississippi Interstate Cooperative Resource Agreement.

Mississippi Interstate Cooperative Resource Agreement Act of 1996 - Mandates a pilot test and report to the Congress regarding the Mississippi Interstate Cooperative Resource Agreement. Allows the test to include examination of: (1) Mississippi River drainage system ecosystems and fishery resources and habitats; (2) the impacts of specified factors on fishery resources; (3) existing resource data; (4) major information gaps and technological needs; (5) interjurisdictional fishery resources; (6) cooperative management and research projects; (7) restoration of depleted stocks and habitats; (8) the feasibility of the program; and (9) the funds required. Allows use of amounts available to carry out this Act to pay assistance to the Mississippi Interstate Cooperative Resources Association for pilot test costs.

Mississippi Interstate Cooperative Resource Agreement Act of 1996