FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family Act of 2017''. SEC. 2. ESTABLISHMENT OF FULLY REFUNDABLE CHILD TAX CREDIT. (a) Elimination of Existing Child Tax Credit.--Subpart A of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by striking section 24. (b) Establishment of Fully Refundable Child Tax Credit.--Subpart C of part IV of subchapter A of chapter 1 of subtitle A of such Code is amended by inserting after section 36B the following new section: ``SEC. 36C. CHILD TAX CREDIT. ``(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) with respect to each qualifying child of the taxpayer who has attained 6 years of age before the close of such taxable year and for which the taxpayer is allowed a deduction under section 151, an amount equal to $3,000, and ``(2) with respect to each qualifying child of the taxpayer who has not attained 6 years of age before the close of such taxable year and for which the taxpayer is allowed a deduction under section 151, an amount equal to 120 percent of the dollar amount in paragraph (1). ``(b) Limitation.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by the applicable amount for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.-- ``(A) In general.--For purposes of paragraph (1), the term `threshold amount' means-- ``(i) $110,000 in the case of a joint return, ``(ii) $75,000 in the case of an individual who is not married, and ``(iii) $55,000 in the case of a married individual filing a separate return. ``(B) Marital status.--For purposes of this paragraph, marital status shall be determined under section 7703. ``(3) Applicable amount.--For purposes of paragraph (1), the term `applicable amount' means an amount equal to the quotient of-- ``(A) the amount of the credit allowable under subsection (a), as determined without regard to this subsection, divided by ``(B) an amount equal to the product of-- ``(i) $20, multiplied by ``(ii) the total number of qualifying children of the taxpayer. ``(c) Qualifying Child.-- ``(1) In general.--In this section, the term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) who has not attained 19 years of age. ``(2) Exception for certain non-citizens.--The term `qualifying child' shall not include any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2017, the $3,000 amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return for the taxable year. ``(f) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(g) Restrictions on Taxpayers Who Improperly Claimed Credit in Prior Year.-- ``(1) Taxpayers making prior fraudulent or reckless claims.-- ``(A) In general.--No credit shall be allowed under this section for any taxable year in the disallowance period. ``(B) Disallowance period.--For purposes of subparagraph (A), the disallowance period is-- ``(i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and ``(ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(2) Taxpayers making improper prior claims.--In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit. ``(h) Reconciliation of Credit and Advance Credit.-- ``(1) In general.--The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year. ``(2) Excess advance payments.--If the aggregate amount of advance payments under section 7527A for the taxable year exceed the amount of the credit allowed under this section for such taxable year (determined without regard to paragraph (1)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess''. (c) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. ``(a) In General.--As soon as practicable and not later than 1 year after the date of the enactment of this section, the Secretary shall establish a program for making advance payments of the credit allowed under section 36C on a monthly basis (determined without regard to subsection (h)(1) of such section), or as frequently as the Secretary determines to be administratively feasible, to taxpayers allowed such credit. ``(b) Limitation.-- ``(1) In general.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made to any taxpayer during the taxable year does not exceed an amount equal to the excess, if any, of-- ``(A) subject to paragraph (2), the amount determined under subsection (a) of section 36C with respect to such taxpayer (determined without regard to subsection (h) of such section) for such taxable year, over ``(B) the estimated tax imposed by subtitle A, as reduced by the credits allowable under subparts A and C (with the exception of section 36C) of such part IV, with respect to such taxpayer for such taxable year, as determined in such manner as the Secretary deems appropriate. ``(2) Application of threshold amount limitation.--The program described in subsection (a) shall make reasonable efforts to apply the limitation of section 36C(b) with respect to payments made under such program.''. (d) Conforming Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by striking the item relating to section 24. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Child tax credit.''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of child tax credit.''. (4) Subparagraph (B) of section 45R(f)(3) of such Code is amended to read as follows: ``(B) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A) shall be treated as taxes referred to in such subparagraph.''. (5) Section 152(f)(6)(B)(ii) of such Code is amended by striking ``section 24'' and inserting ``section 36C''. (6) Paragraph (26) of section 501(c) of such Code is amended in the flush matter at the end by striking ``section 24(c))'' and inserting ``section 36C(c)) who has not attained 17 years of age''. (7) Section 6211(b)(4)(A) of such Code is amended-- (A) by striking ``24(d),'', and (B) by inserting ``36C,'' after ``36B,''. (8) Section 6213(g)(2) of such Code is amended-- (A) in subparagraph (I), by striking ``section 24(e)'' and inserting ``section 36C(e)'', and (B) in subparagraph (L), by striking ``24, or 32'' and inserting ``32, or 36C''. (9) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

American Family Act of 2017 This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) make the credit fully refundable, (2) increase the amount of the credit and allow an additional credit for children who are under six years of age, (3) require the amount of the credit to be adjusted annually for inflation after 2017, and (4) require the Department of the Treasury to establish a program for making advance payments of the credit on a monthly basis.

American Family Act of 2017

SECTION 1. PRESUMPTIONS OF SERVICE CONNECTION FOR PURPOSES OF BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS FOR DISEASES ASSOCIATED WITH SERVICE IN THE ARMED FORCES AND EXPOSURE TO BIOLOGICAL, CHEMICAL, OR OTHER TOXIC AGENTS AS PART OF PROJECT 112. (a) Presumption of Service Connection.--Subchapter I of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumptions of service connection for diseases associated with Project 112 ``(a) Presumption of Service Connection.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each disease, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such disease during the period of such service. ``(2) A disease referred to in paragraph (1) is any diagnosed disease that-- ``(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having an increased incidence of exposure to a biological, chemical, or other toxic agent known or presumed to be associated with service in the Armed Forces during which the veteran was subjected, directly or indirectly, to a chemical or biological warfare test or project under Project 112; and ``(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty and was subjected, directly or indirectly, to a chemical or biological warfare test or project under Project 112 and by reason of such service was exposed to such agent. ``(3) For purposes of this subsection, a veteran who served on active duty and was subjected, directly or indirectly, to a chemical or biological warfare test or project under Project 112 and has a disease described in paragraph (2) shall be presumed to have been exposed by reason of such service to a biological, chemical, or other toxic agent associated with the disease in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent by reason of such service. ``(b) Determination of Presumption of Service Connection.--(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the disease covered by that determination for purposes of this section. ``(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between-- ``(i) the exposure of humans or animals to a biological, chemical, or other toxic agent known or presumed to be associated with service in the Armed Forces during which the veteran was subjected, directly or indirectly, to a chemical or biological warfare test or project under Project 112; and ``(ii) the occurrence of a diagnosed disease in humans or animals. ``(2)(A) In making determinations for purposes of paragraph (1), the Secretary shall take into account all sound medical and scientific information and analyses available to the Secretary. ``(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(3) An association between the occurrence of a disease in humans or animals and exposure to a biological, chemical, or other toxic agent shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(c) Removal of Presumption.--Whenever the presumption of service connection for a disease under this section is removed under subsection (b)-- ``(1) a veteran who was awarded compensation for the disease on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and ``(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. ``(d) Project 112 Defined.--In this section, the term `Project 112' means the chemical and biological weapons program conducted by the Department of Defense or any other Federal agency or federally funded entity through the Deseret Test Center and other similar facilities from approximately 1963 to 1973, including the Shipboard Hazard and Defense Project (Project SHAD).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item: ``1119. Presumptions of service connection for illnesses associated with service in support of chemical or biological warfare tests or projects.''. SEC. 2. REGULATIONS, PERSONNEL RECORDS, AND REPORT CONCERNING PROJECT 112. (a) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to notify all veterans potentially exposed to any biological or chemical agent, simulant, tracer, or decontaminant during Project 112 of such potential exposure. (b) Personnel Records.--Not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall transmit to the Secretary of Veterans Affairs all records of active duty personnel and reservists potentially, directly or indirectly, exposed to any biological or chemical agent, simulant, tracer, or decontaminant. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to Congress a report concerning Project 112. The report shall-- (1) document the costs, benefits, and challenges associated with continuing the search for additional Project 112 participants; (2) provide a full accounting of all information known concerning Project 112 participants; and (3) address other concerns regarding Project 112 held by the Department of Veterans Affairs, veterans, or veterans service organizations. (d) Project 112 Defined.--In this section, the term ``Project 112'' means the chemical and biological weapons program conducted by the Department of Defense or any other Federal agency or federally funded entity through the Deseret Test Center and other similar facilities from approximately 1963 to 1973, including the Shipboard Hazard and Defense Project (Project SHAD).

Creates, for veterans who were subjected to certain chemical or biological warfare testing involving Project 112 conducted through Deseret Test Center (including the Shipboard Hazard and Defense Project, also known as Project SHAD), a presumption that a disease was incurred in or aggravated by service, notwithstanding that there is no record of evidence of the disease during the period of service, if the disease warrants presumtion of service connection by reason of increased exposure to a biological, chemical, or other toxic agent.

To amend title 38, United States Code, to provide veterans for presumptions of service connection for purposes of benefits under laws administered by Secretary of Veterans Affairs for diseases associated with service in the Armed Forces and exposure to biological, chemical, or other toxic agents as part of Project 112, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Assistance Transparency and Accountability Act of 2013'' or the ``DATA Act of 2013''. SEC. 2. DISASTER ASSISTANCE REPORTS. (a) Disaster Assistance Spending Report.-- (1) Initial report.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report that specifies-- (A) for each of the 10 fiscal years most recently concluded before submission of the report, the amount obligated by the Federal Government for disaster assistance, including the amount obligated for disaster assistance-- (i) by each Federal department or agency that made an obligation relating to disaster assistance; and (ii) under each relevant program, project, or activity of such department or agency; and (B) for the fiscal year in which the report is submitted, the amount projected to be obligated by the Federal Government for disaster assistance, including the amount projected to be obligated for disaster assistance-- (i) by each Federal department or agency that has made or may make an obligation relating to disaster assistance; and (ii) under each relevant program, project, or activity of such department or agency. (2) Annual report.--Each year in conjunction with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Director of the Office of Management and Budget shall submit to Congress a report that specifies-- (A) for the fiscal year for which the budget is submitted, the amount projected to be obligated for disaster assistance by-- (i) each Federal department or agency that may make an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; (B) for the fiscal year in which the budget is submitted, the amount projected to be obligated for disaster assistance by-- (i) each Federal department or agency that has made or may make an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; (C) for the most-recently concluded fiscal year, the amount obligated for disaster assistance by-- (i) each Federal department or agency that made an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; and (D) any corrections to reports previously submitted under this subsection. (b) Biennial Report Evaluating Effectiveness of Disaster Assistance Spending.--Not later than 180 days after the date on which the report under subsection (a)(1) is submitted, and every 2 years thereafter, the Comptroller General of the United States shall submit to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate a report that provides-- (1) an evaluation of Federal disaster assistance spending, including the identification of areas of potential duplication, waste, fraud, or abuse; (2) recommendations on how Federal departments and agencies can improve transparency in and better account for disaster assistance spending to ensure that funds are spent in an effective and efficient manner; and (3) an evaluation of the effectiveness and equity of the current system of cost-sharing with respect to disaster assistance spending, including the system's effectiveness in reducing the Federal cost of disaster assistance and promoting non-Federal investment in disaster recovery, mitigation, and preparedness. (c) Definitions.--In this section, the following definitions apply: (1) Disaster.--The term ``disaster'' means any natural, accidental, or manmade catastrophe in any part of the United States, including a territory or possession of the United States, which causes, or which may cause, substantial damage or injury, without regard to whether such catastrophe results in a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) Disaster assistance.--The term ``disaster assistance'' means any Federal activity, including the provision of financial assistance, carried out to assist a public or private entity affected by the occurrence of a disaster.

Disaster Assistance Transparency and Accountability Act of 2013 or the DATA Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to submit to Congress a report that specifies: (1) the amount obligated by the federal government for disaster assistance, by each agency and program thereof, for each of the preceding 10 fiscal years; and (2) the amount projected to be obligated for disaster assistance by each agency and program for the fiscal year in which the report is submitted. Requires the Director to submit to Congress, in conjunction with the President's annual budget submission, a report that specifies: (1) the amount projected to be obligated in the upcoming fiscal year for disaster assistance by each federal agency and program, (2) the amount obligated during the most-recently concluded fiscal year for disaster assistance by each federal agency and program, and (3) any corrections to previous reports. Directs the Comptroller General to report to the House and Senate appropriations and budget committees every two years on: (1) an evaluation of federal disaster assistance spending, including the identification of areas of potential duplication, waste, fraud, or abuse; (2) recommendations on how federal agencies can improve transparency in, and better account for, disaster assistance spending to ensure that funds are spent in an effective and efficient manner; and (3) an evaluation of the effectiveness and equity of the current system of cost-sharing with respect to disaster assistance spending, including the system's effectiveness in reducing the federal cost of disaster assistance and promoting non-federal investment in disaster recovery, mitigation, and preparedness.

DATA Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homestead Steel Works National Historic Site Act''. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--The Congress finds the following: (1) Certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the steel industry of the United States. (2) A very large proportion of the buildings and other structures in the Commonwealth of Pennsylvania are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge. (3) Despite substantial efforts for cultural preservation and historical interpretation by the Commonwealth of Pennsylvania and by individuals and public and private entities in the Commonwealth, these buildings and other structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to ensure the preservation, interpretation, visitor enjoyment, and maintenance of the nationally significant historical and cultural sites and structures described in subsection (a) for the benefit and inspiration of present and future generations. (c) Definitions.--In this Act: (1) Historic site.--The term ``historic site'' means the Homestead Steel Works National Historic Site established by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. HOMESTEAD STEEL WORKS NATIONAL HISTORIC SITE. (a) Establishment.--There is established in the Commonwealth of Pennsylvania the Homestead Steel Works National Historic Site as a unit of the National Park System. (b) Description.--The historic site shall be comprised of the following properties, each of which relate to the former United States Steel Homestead Works: (1) The historic location of the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel Mill. (2) The historic location of the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house. (3) The historic location of the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall, Pennsylvania. (4) All other property included in the historic site by Federal law or acquired by the Secretary for inclusion in the historic site pursuant to section 4 or other Federal law. SEC. 4. ACQUISITION OF PROPERTY. To further the purposes of this Act, the Secretary may acquire, by donation, property for inclusion in the historic site as follows: (1) Any land or interest in land with respect to the property identified in paragraphs (1), (2), or (3) of section 3(b). (2) Up to 10 acres of land adjacent to or in the general proximity of the property identified in paragraphs (1), (2), or (3) of section 3(b), for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (3) Personal property associated with, and appropriate for, the interpretation of the historic site. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--To further the purposes of this Act, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (2) Contrary purposes.--Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Technical and Preservation Assistance.--The Secretary may provide technical assistance to any person for-- (1) the preservation of historic structures within the historic site; (2) the maintenance of the natural and cultural landscape of the historic site; and (3) local preservation planning for the historic site. SEC. 6. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic site. (b) Officials Consulted.--The officials described in this subsection are-- (1) an appropriate official of each appropriate political subdivision of the Commonwealth of Pennsylvania that has jurisdiction over all or a portion of the historic site; and (2) an appropriate official of the Steel Industry Heritage Corporation. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Amend the title so as to read: ``A bill to establish the Homestead Steel Works National Historic Site in the Commonwealth of Pennsylvania.''.

Homestead Steel Works National Historic Site Act - Establishes in Pennsylvania the Homestead Steel Works National Historic Site (the Site) for inclusion within the National Park System. Specifies the historic properties to be included within the Site.Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site.Authorizes the Secretary to: (1) enter into cooperative agreements to further the purposes of this Act; and (2) provide technical assistance for the preservation of the Site's structures, maintenance of its cultural landscape, and local preservation planning for the Site. Provides for the reimbursement of the United States if funds disbursed under a cooperative agreement are used for purposes contrary to the purposes of this Act.Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Requires the Secretary, in preparing the plan, to consult with an appropriate official of the Steel Industry Heritage Corporation and an appropriate official of each appropriate political subdivision of Pennsylvania that has jurisdiction over all or a portion of the Site.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Care and Counseling Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In a recent report, a startling 85 percent of college counseling centers revealed an increase in the number of students they see with psychological problems. Furthermore, the American College Health Association found that 61 percent of college students reported feeling hopeless, 45 percent said they felt so depressed they could barely function, and 9 percent felt suicidal. (2) There is clear evidence of an increased incidence of depression among college students. According to a survey described in the Chronicle of Higher Education (February 1, 2002), depression among freshmen has nearly doubled (from 8.2 percent to 16.3 percent). Without treatment, researchers recently noted that ``depressed adolescents are at risk for school failure, social isolation, promiscuity, self medication with drugs and alcohol, and suicide--now the third leading cause of death among 10-24 year olds.''. (3) Researchers who conducted the study ``Changes in Counseling Center Client Problems Across 13 Years'' (1989-2001) at Kansas State University stated that ``students are experiencing more stress, more anxiety, more depression than they were a decade ago.'' (The Chronicle of Higher Education, February 14, 2003). (4) According to the 2001 National Household Survey on Drug Abuse, 20 percent of full-time undergraduate college students use illicit drugs. (5) The 2001 National Household Survey on Drug Abuse also reported that 18.4 percent of adults aged 18 to 24 are dependent on or abusing illicit drugs or alcohol. In addition, the study found that ``serious mental illness is highly correlated with substance dependence or abuse. Among adults with serious mental illness in 2001, 20.3 percent were dependent on or abused alcohol or illicit drugs, while the rate among adults without serious mental illness was only 6.3 percent.''. (6) A 2003 Gallagher's Survey of Counseling Center Directors found that 81 percent were concerned about the increasing number of students with more serious psychological problems, 67 percent reported a need for more psychiatric services, and 63 percent reported problems with growing demand for services without an appropriate increase in resources. (7) The International Association of Counseling Services accreditation standards recommend 1 counselor per 1,000 to 1,500 students. According to the 2003 Gallagher's Survey of Counseling Center Directors, the ratio of counselors to students is as high as 1 counselor per 2,400 students at institutions of higher education with more than 15,000 students. SEC. 3. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS. Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by inserting after section 120 the following: ``SEC. 120A. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS. ``(a) Purpose.--It is the purpose of this section to increase access to, and enhance the range of, mental and behavioral health services for students so as to ensure that college students have the support necessary to successfully complete their studies. ``(b) Program Authorized.--From funds appropriated under subsection (j), the Secretary shall award competitive grants to institutions of higher education to create or expand mental and behavioral health services to students at such institutions, to provide such services, and to develop best practices for the delivery of such services. Such grants shall, subject to the availability of such appropriations, be for a period of 3 years. ``(c) Eligible Grant Recipients.--Any institution of higher education that seeks to provide, or provides, mental and behavioral health services to students is eligible to apply, on behalf of such institution's treatment provider, for a grant under this section. Treatment providers may include entities such as-- ``(1) college counseling centers; ``(2) college and university psychological service centers; ``(3) mental health centers; ``(4) psychology training clinics; ``(5) institution of higher education supported, evidence- based, mental health and substance abuse screening programs; and ``(6) any other entity that provides mental and behavioral health services to students at an institution of higher education. ``(d) Applications.--Each institution of higher education seeking to obtain a grant under this section shall submit an application to the Secretary. Each such application shall include-- ``(1) a description of identified mental and behavioral health needs of students at the institution of higher education; ``(2) a description of currently available Federal, State, local, private, and institutional resources to address the needs described in paragraph (1) at the institution of higher education; ``(3) an outline of program objectives and anticipated program outcomes, including an explanation of how the treatment provider at the institution of higher education will coordinate activities under this section with existing programs and services; ``(4) the anticipated impact of funds provided under this section in improving the mental and behavioral health of students attending the institution of higher education; ``(5) outreach strategies, including ways in which the treatment provider at the institution of higher education proposes to reach students, promote access to services, and address the range of needs of students; ``(6) a proposed plan for reaching those students most in need of services; ``(7) a plan to evaluate program outcomes and assess the services provided with funds under this section; and ``(8) such additional information as is required by the Secretary. ``(e) Peer Review of Applications.-- ``(1) Panel.--The Secretary shall provide the applications submitted under this section to a peer review panel for evaluation. With respect to each application, the peer review panel shall recommend the application for funding or for disapproval. ``(2) Composition of panel.-- ``(A) In general.--The peer review panel shall be composed of-- ``(i) experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications for grants under this section; and ``(ii) mental and behavioral health professionals and higher education professionals. ``(B) Non-federal government employees.--A majority of the members of the peer review panel shall be individuals who are not employees of the Federal Government. ``(3) Evaluation and priority.--The peer review panel shall-- ``(A) evaluate the applicant's proposal to improve current and future mental and behavioral health at the institution of higher education; and ``(B) give priority in recommending applications for funding to proposals that-- ``(i) provide direct service to students, as described in subsection (f)(1); ``(ii) improve the mental and behavioral health of students at institutions of higher education with a counselor to student ratio greater than 1 to 1,500; or ``(iii) will best serve students based on the projected impact of the proposal on mental and behavioral health at the institution of higher education as well as the level of coordination of other resources to aid in the improvement of mental and behavioral health. ``(f) Use of Funds.--Funds provided by a grant under this section may be used for 1 or more of the following activities: ``(1) Prevention, screening, early intervention, assessment, treatment, management, and education of mental and behavioral health problems of students enrolled at the institution of higher education. ``(2) Education of families to increase awareness of potential mental and behavioral health issues of students enrolled at the institution of higher education. ``(3) Hiring appropriately trained staff, including administrative staff. ``(4) Strengthening and expanding mental and behavioral health training opportunities in internship and residency programs, such as psychology doctoral and post-doctoral training. ``(5) Supporting the use of evidence-based and emerging best practices. ``(6) Evaluating and disseminating outcomes of mental and behavioral health services so as to provide information and training to other mental and behavioral health entities around the Nation that serve students enrolled in institutions of higher education. ``(g) Additional Required Elements.--Each institution of higher education that receives a grant under this section shall-- ``(1) provide annual reports to the Secretary describing the use of funds, the program's objectives, and how the objectives were met, including a description of program outcomes; ``(2) perform such additional evaluation as the Secretary may require, which may include measures such as-- ``(A) increase in range of services provided; ``(B) increase in the quality of services provided; ``(C) increase in access to services; ``(D) college continuation rates; ``(E) decrease in college dropout rates; and ``(F) increase in college graduation rates; and ``(3) coordinate such institution's program under this section with other related efforts on campus by entities concerned with the mental, health, and behavioral health needs of students. ``(h) Supplement Not Supplant.--Grant funds provided under this section shall be used to supplement, and not supplant, Federal and non- Federal funds available for carrying out the activities described in this section. ``(i) Limitations.-- ``(1) Percentage limitations.--Not more than-- ``(A) 5 percent of grant funds received under this section shall be used for administrative costs; and ``(B) 20 percent of grant funds received under this section shall be used for training costs. ``(2) Prohibition on use for construction or renovation.-- Grant funds received under this section shall not be used for construction or renovation of facilities or buildings. ``(j) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $10,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Campus Care and Counseling Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make competitive grants to institutions of higher education for providing and expanding campus mental and behavioral health services for students.

A bill to amend the Higher Education Act of 1965 to provide funds for campus mental and behavioral health service centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children From E-Mail Smut Act of 2001''. SEC. 2. CONGRESSIONAL FINDINGS AND POLICY. (a) Findings.--The Congress finds the following: (1) Congress recognized that the Nation had a compelling interest in preventing minors from being exposed to mailings containing sexually oriented advertisements when it enacted title 39, United States Code, section 3010, and title 18, United States Code, sections 1735 and 1737. (2) Congress required anyone sending a mailing containing sexually oriented advertisements to place a mark or notice prescribed by the Postal Service on the mailing envelope or cover. (3) E-mails may contain the same kind of sexually oriented advertisements harmful to minors but there is presently no comparable requirement that e-mails contain any marking or notice to alert the recipient that the e-mail contains sexually oriented advertisements. (4) Requiring a marking or notice that an e-mail contains sexually oriented advertisements will enable the parents of minors to take the necessary steps to block such material and thus protect their children from being exposed to such sexually oriented advertisements. (5) The National Institute of Standards and Technology (hereinafter in this Act referred to as NIST), a nonregulatory agency within the Commerce Department's Technology Administration, is technologically competent to prescribe marks or other signifiers that an e-mail contains sexually oriented advertisements. (b) Congressional Determination of Public Policy.--On the basis of the findings in subsection (a), the Congress determines that-- (1) there is substantial government interest in the regulation of unsolicited e-mails containing sexually oriented advertisements that are forwarded to children; and (2) the best method to regulate such unsolicited e-mails is to enable the children or parents acting on behalf of the children to screen or block such unsolicited e-mails using marks or signifiers prescribed by the NIST. SEC. 3. CRIMINAL PROHIBITION AGAINST SENDING SEXUALLY ORIENTED MATERIAL TO CHILDREN WITHOUT THE PRESCRIBED MARKINGS OR NOTICE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the NIST shall prescribe marks or notices to be included or affixed to any e-mail that contains a sexually oriented advertisement forwarded to children. Such marks shall, to the extent possible, be made so that they may not be removed or altered. (b) Punishment.--Whoever willfully and knowingly forwards to a minor an e-mail, that is carried on an instrumentality in or affecting interstate or foreign commerce, that includes sexually oriented advertisements but does not include the mark or notice as prescribed by the NIST in subsection (a) of this section shall be fined under this Act or imprisoned not more than 1 year, or both. (c) Punishment.--Whoever reproduces or manufactures any sexually related mail matter, intending or knowing that such matter will be forwarded to a minor in an e-mail in violation of subsection (b) of this section, shall be fined under this Act or imprisoned not more than 5 years, or both, for the first offense, and shall be fined under this Act or imprisoned not more than 10 years, or both, for any second, or subsequent offense. As used in this section the term ``sexually related mail matter'' means any matter described in subsection (d) of this section. (d) Definition.--The term ``sexually oriented advertisement'' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters. SEC. 4. CIVIL RELIEF: DAMAGES. (a) In General.--Any parent of a minor may sue and recover damages and attorney's fees and court costs from whomever violates any provision of this Act. In lieu of actual damages, the parent may recover $10,000 for each and every violation. (b) Limitation.--The parent shall not have a cause of action against the electronic mail service provider for merely transmitting the offending e-mail. (c) Confidential Procedure.--At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (d) Effect on Additional Remedies.--This section does not limit any parent's right to pursue any additional civil remedy otherwise allowed at law or equity.

Protect Children From E-Mail Smut Act of 2001 - Requires the National Institute of Standards and Technology to prescribe marks or notices to be included or affixed to any e-mail forwarded to children that contains a sexually oriented advertisement. Provides fines and penalties for forwarding such e-mail without such marks or notices, as well as civil relief for the parents of affected minors.

To protect children from unsolicited e-mail smut containing sexually oriented advertisements offensive to minors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Housing Stability Act of 2015''. SEC. 2. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. Section 2002(1) of title 38, United States Code, is amended by striking ``in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))'' and inserting ``in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)''. SEC. 3. PROGRAM ON PROVISION OF INTENSIVE CASE MANAGEMENT INTERVENTIONS TO HOMELESS VETERANS WHO RECEIVE THE MOST HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Required.-- (1) In general.--Subchapter VII of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2067. Intensive case management interventions ``(a) Program Required.--The Secretary shall carry out a program under which the Secretary shall provide intensive case management interventions to covered veterans. ``(b) Covered Veterans.--For purposes of the program, a covered veteran is a veteran who is enrolled in-- ``(1) the homeless registry of the Department; and ``(2) the system of annual patient enrollment established and operated by the Secretary under section 1705(a) of this title. ``(c) Location.--(1) The Secretary shall carry out the program at not fewer than six locations selected by the Secretary for purposes of the program as follows: ``(A) Not fewer than three locations in cities that have the largest populations of homeless veterans in the United States. ``(B) Not fewer than three locations in suburban or rural settings. ``(2) In selecting locations under paragraph (1), the Secretary shall only select locations in areas in which the Secretary determines that there is a high degree of interaction and coordination between the Department and community organizations that provide housing and social services for veterans, such as outreach, employment, and financial assistance for homeless veterans, veterans at risk of becoming homeless, and low-income veterans. ``(d) Provision of Intensive Case Management Interventions.--(1) In carrying out the program at each location selected under subsection (c), the Secretary shall provide intensive case management interventions to not fewer than 20 covered veterans at each such location who the Secretary determines are the covered veterans at such location who receive the most health care and related services furnished by the Department. ``(2) The intensive case management interventions provided to covered veterans under paragraph (1) shall include assistance with gaining and maintaining access to such housing and services, including benefits and services to which covered veterans may be entitled or eligible under the laws administered by the Secretary, as may be necessary to improve the stability of their housing and the appropriateness of the health care that they receive.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2066 the following new item: ``2067. Intensive case management interventions.''. (b) Commencement.--Not later than September 1, 2016, the Secretary of Veterans Affairs shall commence carrying out the program required by section 2067(a) of such title, as added by subsection (a)(1). (c) Report.-- (1) In general.--Not later than December 1, 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program carried out under section 2067 of such title, as added by subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include assessments of the following: (A) The types and frequencies of intensive case management interventions provided under the program. (B) The housing status of each veteran who received an intensive case management intervention under the program. (C) The employment status of each veteran who received an intensive case management intervention under the program, including a comparison of the employment status of such veteran before and after receiving such intervention. (D) The use by veterans who received intensive case management interventions under the program of health care and related services furnished by the Department of Veterans Affairs and the costs incurred by the Department in furnishing such care and services, including a comparison of the use by such veterans of such care and services and the costs incurred from furnishing such care and services before and after receiving such interventions. (E) The number of veterans who received intensive case management interventions under the program, disaggregated by whether the intensive case management intervention was provided in a location described in subparagraph (A) or (B) of section 2067(c)(1) of such title, as added by subsection (a)(1). (F) The costs incurred by the Department in carrying out the program, disaggregated by provision of intensive case management interventions in locations described in subparagraphs (A) and (B) of such section. (G) An estimate of the costs the Department would have incurred for the provision of health care and associated services to covered veterans (as described in subsection (b) of section 2067 of such title, as added by subsection (a)(1)) but for the provision of intensive case management interventions under the program, disaggregated by provision of intensive case management interventions in locations described in subparagraphs (A) and (B) of subsection (c) of such section. SEC. 4. PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS VETERANS AND VETERANS AT RISK OF BECOMING HOMELESS. (a) Program Required.-- (1) In general.--Subchapter II of chapter 20 of title 38, United States Code, is amended-- (A) by redesignating section 2013 as section 2014; and (B) by inserting after section 2012 the following new section 2013: ``Sec. 2013. Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless ``(a) Program Required.--The Secretary shall carry out a program under which the Secretary shall provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless. ``(b) Grants.--(1) The Secretary shall carry out the program through the award of grants. ``(2)(A) In awarding grants under paragraph (1), the Secretary shall give priority to organizations that demonstrate a capability to provide case management services as described in subsection (a), particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of this title. ``(B) In giving priority under subparagraph (A), the Secretary shall give extra priority to an organization described in such subparagraph that-- ``(i) voluntarily stops receiving amounts provided by the Secretary under sections 2012 and 2061 of this title; and ``(ii) converts a facility that the organization used to provide transitional housing services into a facility that the organization uses to provide permanent housing that meets housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)). ``(C) In any case in which a facility, with respect to which a person received a grant for construction, rehabilitation, or acquisition under section 2011 of this title, is converted as described in subparagraph (B)(ii), such conversion shall be considered to have been carried out pursuant to the needs of the Department and such person shall not be considered in non-compliance with the terms of such grant by reason of such conversion.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2013 and inserting the following new items: ``2013. Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless. ``2014. Authorization of appropriations.''. (b) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 2013 of such title, as added by subsection (a)(1)(B). (c) Report.-- (1) In general.--Not later than June 1, 2019, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program required by section 2013 of such title, as added by subsection (a)(1)(B). (2) Contents.--The report submitted under paragraph (1) shall include assessments of the following: (A) The percentage of veterans who received case management services under the program who were able to retain permanent housing by the end of the pilot program, disaggregated by each recipient of a grant under such section. (B) The percentage of veterans who received case management services under the program who were not in permanent housing at the end of the program, disaggregated by housing status and reason for failing to retain permanent housing under the program. (C) The use by veterans who received case management services under the program of housing assistance furnished by the Department of Veterans Affairs, including a comparison of the use of such assistance by such veterans before and after receiving such services. (D) An assessment of the employment status of veterans who received case management services under the program, including a comparison of the employment status of such veterans before and after receiving such services. SEC. 5. EXPANSION OF HOUSING ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 2041 of title 38, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``, veterans in temporary housing, and very low- income veteran families''; and (2) in subsection (a)-- (A) in paragraph (1), in the matter before subparagraph (A), by striking ``To assist homeless veterans and their families in acquiring shelter'' and inserting ``To assist homeless veterans and their families, veterans and their families who are at risk of becoming homeless, and very low-income veteran families (as defined in section 2044(f) of this title) in acquiring shelter, in acquiring and transitioning to permanent housing, and in maintaining occupancy in permanent housing''; (B) in paragraph (2), by striking ``homeless veterans'' and inserting ``veterans and families described in paragraph (1)''; and (C) in paragraph (3)(B)-- (i) in clause (i), by striking ``solely as a shelter primarily for homeless veterans and their families'' and inserting ``to provide permanent or transitional housing for veterans and families described in paragraph (1)''; (ii) in clause (iii), by striking ``and'' at the end; (iii) by redesignating clause (iv) as clause (v); (iv) by inserting after clause (iii) the following new clause (iv): ``(iv) ensure that veterans who receive housing at the property also receive referrals for the benefits and services to which they may be entitled or eligible under this title, and''; and (v) in clause (v), as redesignated by clause (iii) of this subparagraph, by striking ``homeless veterans'' and inserting ``veterans and families described in paragraph (1)''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2041 and inserting the following new item: ``2041. Housing assistance for homeless veterans, veterans in temporary housing, and very low-income veteran families.''. SEC. 6. OUTREACH RELATING TO INCREASING THE AMOUNT OF HOUSING AVAILABLE TO VETERANS. The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Housing and Urban Development, public housing authorities, tribally designated housing entities, realtors, landlords, property management companies, developers, and such other persons as the Secretary considers appropriate, conduct outreach to realtors, landlords, property management companies, and developers to educate them about the housing needs of veterans and the benefits of having veterans as tenants. SEC. 7. ESTABLISHMENT OF NATIONAL CENTER ON HOMELESSNESS AMONG VETERANS. (a) In General.--Subchapter VII of chapter 20 of title 38, United States Code, as amended by section 3(a)(1), is further amended by adding at the end the following new section: ``Sec. 2068. National Center on Homelessness Among Veterans ``(a) In General.--(1) The Secretary shall establish and operate a center to carry out the functions described in subsection (b). ``(2) The center establish under paragraph (1) shall be known as the `National Center on Homelessness Among Veterans'. ``(3) To the degree practicable, the Secretary shall operate the center established under paragraph (1) independently of the other programs of the Department that address homelessness among veterans. ``(b) Functions.--The functions described in this subsection are as follows: ``(1) To carry out and promote research into the causes and contributing factors to veteran homelessness. ``(2) To assess the effectiveness of programs of the Department to meet the needs of homeless veterans. ``(3) To identify and disseminate best practices with regard to housing stabilization, income support, employment assistance, community partnerships, and such other matters as the Secretary considers appropriate with respect to addressing veteran homelessness. ``(4) To integrate evidence-based and best practices, policies, and programs into programs of the Department for homeless veterans and veterans at risk of homelessness and to ensure that the staff of the Department and community partners can implement such practices, policies, and programs. ``(5) To serve as a resource center for, and promote and seek to coordinate the exchange of information regarding, all research and training activities carried out by the Department and by other Federal and non-Federal entities with respect to veteran homelessness.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title, as amended by section 3(a)(2), is further amended by inserting after the item relating to section 2067 the following new item: ``2068. National Center on Homelessness Among Veterans.''. SEC. 8. ADMINISTRATIVE IMPROVEMENTS TO GRANT AND PER DIEM PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. Section 2012 of title 38, United States Code, is amended-- (1) in subsection (a)(1), in the matter before subparagraph (A), by inserting ``and except as otherwise provided in this section'' after ``such purpose''; and (2) by adding at the end the following new subsection: ``(e) Review and Conditional Renewal.--(1) Each year, the Secretary shall review each grant recipient and eligible entity that received a per diem payment under this section for a service furnished to a veteran during the one-year period preceding the review to evaluate the performance of the grant recipient or eligible entity during that period with respect to-- ``(A) the success of the grant recipient or eligible entity in assisting veterans obtain, transition into, and retain permanent housing; and ``(B) increasing the income of veterans, whether by helping veterans obtain employment or by helping veterans obtain income-related benefits to which such veterans may be eligible or entitled. ``(2) For any grant recipient or eligible entity whose performance was evaluated for a year under paragraph (1), the Secretary may only provide per diem under this section to that grant recipient or eligible entity in the following year if the Secretary determines that such performance merits continued receipt of per diem under this section. ``(3) The Secretary shall establish uniform performance targets throughout the United States for all grant recipients and eligible entities that receive per diem payments under this section for purposes of evaluating the performance of each such grant recipient and eligible entity under this subsection.''.

Veteran Housing Stability Act of 2015 This bill directs the Department of Veterans Affairs (VA) to provide: intensive case management interventions for veterans enrolled in the VA's homeless registry and the annual patient enrollment system, and case management services to improve housing retention by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless. The VA housing assistance program is expanded to include: (1) veterans and their families who are at risk of becoming homeless, and very low-income veteran families; and (2) assistance for acquiring and transitioning to, and maintaining occupancy in, permanent housing. The VA shall: conduct outreach to realtors, landlords, property management companies, and developers to educate them about the housing needs of veterans and the benefits of having veterans as tenants; and establish and operate a National Center on Homelessness Among Veterans which shall carry out research into the causes of and contributing factors to veteran homelessness, assess the effectiveness of VA homeless veterans programs, and serve as a center for the exchange of information regarding activities carried out by the VA and by other federal and non-federal entities for veteran homelessness. Each year the VA shall review each grant recipient and eligible entity that received a per diem payment for furnishing services to homeless veterans to evaluate its performance with respect to: the success of the grant recipient or eligible entity in assisting veterans to obtain, transition into, and retain permanent housing; and increasing the income of veterans by helping them obtain either employment or appropriate income-related benefits.

Veteran Housing Stability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Act of 1998''. SEC. 2. GRANT AUTHORIZATION. (a) In General.--The Attorney General may make grants to States, units of local government, Indian tribal governments and other public and private entities and multijurisdiction or regional consortia thereof to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems in and around schools. (b) Preferential Consideration.--In awarding grants under this Act, the Attorney General may give preferential consideration, to the extent practicable, to applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under subsection (d). (c) Technical Assistance.-- (1) In general.--The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities, in furtherance of the purposes of this Act. (2) Model.--The technical assistance provided by the Attorney General may include the development of a flexible model that will define for State and local governments, and other public and private entities, definitions and strategies associated with community and school-based policing and methodologies for its implementation. (3) Training centers and facilities.--The technical assistance provided by the Attorney General may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of the centers or facilities established under this paragraph may include instruction and seminars for police executives, managers, trainers, supervisors, and such others as the Attorney General considers to be appropriate concerning community and school-based policing and improvements in police- community interaction and cooperation that further the purposes of this Act. (d) Matching Funds.--The portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 4(c)(8). (e) Termination of Grants for Hiring Officers.--The authority under subsection (a) of this section to make grants for the hiring and rehiring of additional career law enforcement officers shall lapse at the conclusion of 6 years from the date of enactment of this Act. Prior to the expiration of this grant authority, the Attorney General shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this Act and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career law enforcement officers. SEC. 3. USES OF FUNDS. Grants made under this Act may be used-- (1) to rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in school-based policing; and (2) to hire and train new, additional career law enforcement officers for deployment in school-based policing across the Nation. SEC. 4. APPLICATIONS. (a) In General.--No grant may be made under this Act unless an application has been submitted to, and approved by, the Attorney General. (b) Application.--An application for a grant under this Act shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulations or guidelines. (c) Contents.--In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this Act shall-- (1) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies; (2) demonstrate a specific public safety need; (3) explain the applicant's inability to address the need without Federal assistance; (4) identify related governmental and community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate coordination with all affected agencies; (6) outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments; (7) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; (8) if the application is for a grant for hiring or rehiring additional career law enforcement officers, specify plans for the assumption by the applicant of a progressively larger share of the cost in the course of time, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support; (9) assess the impact, if any, of the increase in police resources on other components of the criminal justice system; (10) explain how the grant will be utilized to reorient the affected law enforcement agency's mission toward school-based policing or enhance its involvement in or commitment to school- based policing; and (11) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within the sworn positions in the law enforcement agency. (d) Special Provision.--Notwithstanding any other provision of this Act, in relation to applications under this Act of units of local government or law enforcement agencies having jurisdiction over areas with populations of less than 50,000, the Attorney General may waive 1 or more of the requirements of subsection (c) and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such applications. SEC. 5. PERFORMANCE EVALUATION. (a) Monitoring Components.--Each program, project, or activity funded under this Act shall contain a monitoring component, developed pursuant to guidelines established by the Attorney General. The monitoring required by this subsection shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. (b) Evaluation Components.--Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Attorney General. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work. (c) Periodic Review and Reports.--The Attorney General may require a grant recipient to submit to the Attorney General the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Attorney General deems reasonably necessary. SEC. 6. REVOCATION OR SUSPENSION OF FUNDING. If the Attorney General determines, as a result of the reviews required by section 5, or otherwise, that a grant recipient under this Act is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 4, the Attorney General may revoke or suspend funding of that grant, in whole or in part. SEC. 7. GENERAL REGULATORY AUTHORITY. The Attorney General may promulgate regulations and guidelines to carry out this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $175,000,000 for each of fiscal years 1999 through 2002.

Safe Schools Act of 1998 - Authorizes the Attorney General to: (1) make grants to States, local governments, Indian tribal governments, and other public and private entities and multijurisdictional or regional consortia thereof, to increase police presence, and expand and improve cooperative efforts between law enforcement agencies and members of the community, to address crime and disorder problems in and around schools; (2) give preferential consideration for such grants to applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding a 25 percent minimum; and (3) provide technical assistance to further the purposes of this Act. Limits the costs of a program, project, or activity provided by such a grant to 75 percent, unless the Attorney General waives the requirement of a non-Federal contribution. Directs that the Federal share decrease from year to year for up to five years, in relation to a grant for a period exceeding one year for hiring or rehiring career law enforcement officers, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support. Terminates authority for grants to hire officers after six years. Directs the Attorney General, prior to the expiration of such authority, to report to the Congress. Authorizes the use of grants under this Act to: (1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in school-based policing; and (2) hire and train new, additional career law enforcement officers for deployment in school-based policing across the Nation. Sets forth application requirements, including requirements that applications demonstrate a specific public safety need and specify plans for obtaining necessary support and continuing the proposed activity following the conclusion of Federal support. Authorizes the Attorney General to waive specified requirements and make special provisions to facilitate the expedited submission, processing, and approval of applications of local government or law enforcement agencies having jurisdiction over areas with populations of less than 50,000. Sets forth provisions regarding monitoring and evaluation of activities funded under this Act and revocation or suspension of funding. Authorizes appropriations.

Safe Schools Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Equal Rights Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) A 1987 study by the United Church of Christ found that the proportion of minorities in communities with large commercial landfills or a high number of commercial waste facilities was 3 times greater than in communities without such facilities. (2) The same United Church of Christ study found that approximately 60 percent of African- and Hispanic-Americans live in a community that has an uncontrolled hazardous waste site. (3) An Environmental Protection Agency report released in 1992 found that racial minority and low-income populations experience higher than average exposures to selected air pollutants and hazardous waste facilities. (4) A 1983 analysis by the General Accounting Office found that, in the southeastern United States, 3 of the 4 commercial hazardous waste landfills were located in communities with more blacks than whites, and the percentage of residents near the sites with incomes below the poverty line ranged from 26 percent to 42 percent. (5) A University of Michigan study released in 1990 found that minorities were 4 times more likely than whites to live within 1 mile of a commercial hazardous waste facility in the 3-county Detroit metropolitan area. (6) A National Law Journal study found that penalties imposed for pollution law violations in areas predominantly populated by minorities were dramatically lower than those imposed for violations in largely white areas. SEC. 3. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES. (a) Amendment to Subtitle G.--Subtitle G of the Solid Waste Disposal Act (42 U.S.C. 6971 et seq.) is amended by adding at the end the following new section: ``SEC. 7014. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES. ``(a) Right to Petition.--(1) Any citizen residing in a State in which a new facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued a permit to be constructed or to operate in that community. ``(2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs: ``(A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State. ``(B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State. ``(b) Agency Hearing.--(1) Within a reasonable period of time after receipt of a petition under subsection (a), the Administrator or the State shall hold a public hearing on the petition. An administrative law judge of the Environmental Protection Agency or an equivalent employee of the State, in the case of a petition submitted to the State, shall preside at the hearing. ``(2) Subject to paragraph (3), the administrative law judge or State employee shall approve the petition if, at the hearing, the petitioner establishes that-- ``(A) the proposed facility will be located in an environmentally disadvantaged community; and ``(B) the proposed facility may adversely affect-- ``(i) the human health of such community or a portion of such community; or ``(ii) the air, soil, water, or other elements of the environment of such community or a portion of such community. ``(3) After the petitioner has satisfied the requirement of paragraph (2), the administrative law judge or State employee shall deny the petition only if, at the hearing, the proponent of the proposed facility establishes that -- ``(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Administrator for purposes of this section); and ``(B) the proposed facility-- ``(i) will not release contaminants; or ``(ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged community. ``(c) Administrative Provisions.--(1) The submission of a petition under subsection (a) stays the issuance of a permit for the facility concerned until a decision on the petition has been rendered under subsection (b). ``(2) If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions. ``(d) Definitions.--For purposes of this section: ``(1) The term `environmentally disadvantaged community' means an area within 2 miles of the borders of a site on which a facility for the management of solid waste (including a facility for the management of hazardous waste) is proposed to be constructed and in which both of the following conditions are met, determined using the most recent data from the Bureau of the Census: ``(A)(i) The percentage of the population consisting of all individuals who are of African, Hispanic, Asian, Native American Indian, Pacific Island, or Native Alaskan ancestry is greater than either-- ``(I) the percentage of the population in the State of all such individuals, or ``(II) the percentage of the population in the United States of all such individuals; or ``(ii)(I) twenty percent or more of the population consists of individuals who are living at or below the poverty line, or ``(II) the area has a per capita income of 80 percent or less of the national average, for the most recent 12-month period for which statistics are available. ``(B) The area contains one or more of the following: ``(i) A facility for the management of hazardous waste that is in operation. ``(ii) A facility for the management of hazardous waste that is no longer in operation but that formerly accepted hazardous waste. ``(iii) A site at which a release or threatened release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) has occurred. ``(iv) A facility for the management of municipal solid waste. ``(v) A facility whose owner or operator is required to submit a toxic chemical release form under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the releases reported on such form are likely to adversely affect the human health of the community or portion of the community, as determined by the entity that would be appropriate under subsection (a)(2) if a petition were filed with respect to the facility. ``(2) The term `management', when used in connection with solid waste (including hazardous waste), means treatment, storage, disposal, combustion, recycling, or other handling of solid waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or utilizes nonhazardous recyclable materials for purposes other than energy recovery. ``(3) The terms `release' and `contaminant' have the meanings prescribed by the Administrator for purposes of this section.''. (b) Table of Contents Amendment.--The table of contents for subtitle G of such Act is further amended by adding at the end the following new item: ``Sec. 7014. Petition relating to environmentally disadvantaged communities.''.

Environmental Equal Rights Act of 1993 - Amends the Solid Waste Disposal Act to authorize citizens in a State in which a new solid or hazardous waste management facility is proposed to be constructed in an environmentally disadvantaged community to petition the Administrator of the Environmental Protection Agency or the State to prevent the facility from being constructed or from operating in such community. Denies such a petition only if the proponent of the proposed facility establishes that: (1) there is no alternative location that poses fewer health and environmental risks; and (2) the facility will not release contaminants or engage in any activity that is likely to increase the cumulative impact of contaminants on the environmentally disadvantaged community. Defines an "environmentally disadvantaged community" as an area within two miles of the borders of a site on which a waste management facility is proposed to be constructed and that meets specified criteria concerning minority populations, poverty, and existing hazardous or solid waste facilities or hazardous waste sites.

Environmental Equal Rights Act of 1993

SECTION 1. AMENDMENTS TO THE MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000. (a) Purposes.--Section 103 of the Microenterprise for Self-Reliance Act of 2000 (Public Law 106-309) is amended-- (1) in paragraph (3), by striking ``microentrepreneurs'' and inserting ``microenterprise households''; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5)-- (A) by striking ``microfinance policy'' and inserting ``microenterprise policy''; (B) by striking ``the poorest of the poor'' and inserting ``the very poor''; and (C) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(6) to ensure that in the implementation of this title at least 50 percent of all microenterprise assistance under this title, and the amendments made under this title, shall be targeted to the very poor.''. (b) Definitions.--Section 104 of such Act is amended-- (1) in paragraph (2), by striking ``for microentrepreneurs'' and inserting ``to microentrepreneurs and their households''; and (2) by adding at the end the following: ``(5) Very poor.--The term `very poor' means individuals-- ``(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or ``(B) living on the equivalent of less than $1 per day.''. SEC. 2. AMENDMENTS TO THE MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Findings and Policy.--Section 108(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(a)(2)) is amended by striking ``the development of the enterprises of the poor'' and inserting ``the access to financial services and the development of microenterprises''. (b) Program.--Section 108(b) of such Act (22 U.S.C. 2151f(b)) is amended to read as follows: ``(b) Program.--To carry out the policy set forth in subsection (a), the President is authorized to provide assistance to increase the availability of financial services to microenterprise households lacking full access to credit, including through-- ``(1) loans and guarantees to microfinance institutions for the purpose of expanding the availability of savings and credit to poor and low-income households; ``(2) training programs for microfinance institutions in order to enable them to better meet the financial services needs of their clients; and ``(3) training programs for clients in order to enable them to make better use of credit, increase their financial literacy, and to better manage their enterprises to improve their quality of life.''. (c) Eligibility Criteria.--Section 108(c) of such Act (22 U.S.C. 2151f(c)) is amended-- (1) in the first sentence of the matter preceding paragraph (1)-- (A) by striking ``credit institutions'' and inserting ``microfinance institutions''; and (B) by striking ``micro- and small enterprises'' and inserting ``microenterprise households''; and (2) in paragraphs (1) and (2), by striking ``credit'' each place it appears and inserting ``financial services''. (d) Additional Requirement.--Section 108(d) of such Act (22 U.S.C. 2151f(d)) is amended by striking ``micro- and small enterprise programs'' and inserting ``programs for microenterprise households''. (e) Availability of Funds.--Section 108(f)(1) of such Act (22 U.S.C. 2151f(f)(1)) is amended by striking ``for each of fiscal years 2001 and 2002'' and inserting ``for each of fiscal years 2001 through 2004''. (f) Conforming Amendment.--Section 108 of such Act (22 U.S.C. 2151f) is amended in the heading to read as follows: ``SEC. 108. MICROENTERPRISE DEVELOPMENT CREDITS.''. SEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961. (a) Findings and Policy.--Section 131(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(a)) is amended to read as follows: ``(a) Findings and Policy.--Congress finds and declares that-- ``(1) access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems; ``(2) it is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries; ``(3) access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial and non-financial services; and ``(4) given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor.''. (b) Authorization.--Section 131(b) of such Act (22 U.S.C. 2152a(b)) is amended-- (1) in paragraph (3)(A)(i), by striking ``entrepreneurs'' and inserting ``clients''; and (2) in paragraph (4)(D)-- (A) in clause (i), by striking ``very small loans'' and inserting ``financial services to poor entrepreneurs''; and (B) in clause (ii), by striking ``microfinance'' and inserting ``microenterprise''. (c) Monitoring System.--Section 131(c) of such Act (22 U.S.C. 2152a(c)) is amended by striking paragraph (4) and inserting the following: ``(4) adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive needed microenterprise loans, savings, and assistance.''. (d) Development and Application of Poverty Measurement Methods.-- Section 131 of such Act (22 U.S.C. 2152a) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Development and Certification of Poverty Measurement Methods; Application of Methods.-- ``(1) Development and certification.--(A) The Administrator of the United States Agency for International Development, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low- cost methods for partner institutions to use to assess the poverty levels of their current or prospective clients. The United States Agency for International Development shall develop poverty indicators that correlate with the circumstances of the very poor. ``(B) The Administrator shall field-test the methods developed under subparagraph (A). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor. ``(C) Not later than October 1, 2004, the Administrator shall, from among the low-cost poverty measurement methods developed under subparagraph (A), certify no fewer than two such methods as approved methods for measuring the poverty levels of current or prospective clients of microenterprise institutions for purposes of assistance under this section. ``(2) Application.--The Administrator shall require that, with reasonable exceptions, all organizations applying for microenterprise assistance under this Act use one of the certified methods, beginning no later than October 1, 2005, to determine and report the poverty levels of current or prospective clients.''. (e) Level of Assistance.--Section 131(e) of such Act, as redesignated by subsection (d), is amended by inserting ``and $175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year 2004'' after ``fiscal years 2001 and 2002''. (f) Definitions.--Section 131(f) of such Act, as redesignated by subsection (d), is amended by adding at the end the following: ``(5) Very poor.--The term `very poor' means those individuals-- ``(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or ``(B) living on less than the equivalent of $1 per day.''. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than September 30, 2005, the Administrator of the United States Agency for International Development shall submit to Congress a report that documents the process of developing and applying poverty assessment procedures with its partners. (b) Reports for Fiscal Year 2006 and Beyond.--Beginning with fiscal year 2006, the Administrator of the United States Agency for International Development shall annually submit to Congress on a timely basis a report that addresses the United States Agency for International Development's compliance with the Microenterprise for Self-Reliance Act of 2000 by documenting-- (1) the percentage of its resources that were allocated to the very poor (as defined in paragraph (5) of section 131(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) based on the data collected from its partners using the certified methods; and (2) the absolute number of the very poor reached.

Amends the Microenterprise for Self-Reliance Act of 2000 to make as one of its purposes that in implementation of this Act at least 50 percent of all microenterprise assistance be targeted to the very poor, that is, those persons living either in the bottom 50 percent below the poverty line or on less than the equivalent of one dollar per day.Amends the Foreign Assistance Act of 1964 to authorize the President to provide assistance to increase the availability of financial services (not just credit) to microenterprise households lacking full access to credit, including through: (1) loans and guarantees to microfinance institutions to expand the availability of savings and credit to poor and low-income households; (2) training programs to enable such institutions to better meet the financial services needs of their clients; and (3) training programs to enable clients to make better use of credit, increase their financial literacy, and to better manage their enterprises to improve their quality of life.Declares that, in order to maximize the sustainable development impact of microenterprise development grant assistance authorized under the Act, the Administrator of the agency primarily responsible for administering such assistance shall establish a monitoring system that, among other things, adopts the widespread use of proven and effective poverty assessment tools to identify the poorest of the poor and ensure that they receive needed microenterprise credits, loans, and assistance. Requires the Administrator of the Agency for International Development to develop and certify no fewer than two low-cost methods for measuring the poverty levels of the current or prospective clients of microenterprise organizations for purposes of the provision of microenterprise development grant assistance.

A bill to amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance programs under those Acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Insurance Regulation Preservation Act''. SEC. 2. SUPERVISION OF INSURANCE SAVINGS AND LOAN HOLDING COMPANIES. (a) Definitions.--Section 10(a)(1) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)) is amended by inserting at the end the following: ``(K) Domicile.--The term `domicile' means the State in which an insurance underwriting company or the holding company for such company is incorporated, chartered, or organized. ``(L) Business of insurance.--The term `business of insurance' means any activity that is regulated in accordance with the relevant State insurance laws and regulations, including the writing of insurance and the reinsuring of risks. ``(M) Insurance savings and loan holding company.-- The term `insurance savings and loan holding company' means-- ``(i) a savings and loan holding company with 75 percent or more of its total consolidated assets in an insurance underwriting company (or insurance underwriting companies), other than assets associated with insurance for credit risk, during the 4 most recent consecutive quarters, as calculated in accordance with Generally Accepted Accounting Principles or the Statutory Accounting Principles in accordance with State law; ``(ii) a company that-- ``(I) was a savings and loan holding company as of July 21, 2010, and through date of enactment of this clause; and ``(II) was not subject to the Basel III capital regulation promulgated by the Board of Governors of the Federal Reserve System and the Comptroller of the Currency on October 11, 2013 (78 Fed. Reg. 62018), because the savings and loan holding company held 25 percent or more of its total consolidated assets in subsidiaries that are insurance underwriting companies (other than assets associated with insurance for credit risk); or ``(iii) a top-tier savings and loan holding company that-- ``(I) was registered as a savings and loan holding company before July 21, 2010; and ``(II) is a New York not-for-profit corporation formed for the purpose of holding the stock of a New York insurance company. ``(N) Insurance underwriting company.--The term `insurance underwriting company' means an insurer that is subject to regulation by a State insurance authority of the insurer's domicile. ``(O) State insurance authority.--The term `State insurance authority' means the State insurance authority of the State in which an insurance underwriting company or holding company for such company is domiciled. ``(P) Top-tier savings and loan holding company.-- The term `top-tier savings and loan holding company' means the ultimate parent company in a savings and loan holding company structure.''. (b) Registration.--Section 10(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(1)) is amended by inserting at the end the following new sentence: ``A savings and loan holding company that is an insurance savings and loan holding company shall register as an insurance savings and loan holding company.''. (c) Reports.--Section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Insurance savings and loan holding companies.--The Board, to the fullest extent possible, shall request reports and other information filed by insurance savings and loan holding companies and any insurance underwriting company that is a subsidiary of such company with other Federal authorities and the State insurance authority for such company before requesting such reports or information from the insurance savings and loan holding company or any insurance underwriting company that is a subsidiary of such company. ``(E) Rule of construction.--Nothing in this section may be construed as prohibiting the Board from requesting reports and other information that is not otherwise collected and shared with other Federal or State authorities.''. (d) Books and Records.--Section 10(b)(3) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(3)) is amended-- (1) by striking ``Each'' and inserting the following: ``(A) In general.--Each''; and (2) by inserting at the end the following new subparagraph: ``(B) Insurance savings and loan holding companies.--The Board, to the fullest extent possible, shall align any prescribed recordkeeping requirements for an insurance savings and loan holding company with the recordkeeping requirements imposed by the State insurance authority of such company and any insurance underwriting company that is a subsidiary of such company.''. (e) Examinations.--Section 10(b)(4)(C) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(4)(C)) is amended-- (1) in clause (i), by striking the word ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) Insurance savings and loan holding companies.-- ``(I) Coordination.--The Board, to the fullest extent possible, shall coordinate examinations of an insurance savings and loan holding company in conjunction with the State insurance authority of such company and any insurance underwriting company that is a subsidiary of such company and other State and Federal authorities in order to minimize the potential for duplication and conflict between the examinations conducted by the Board and the examinations conducted by other State and Federal authorities. ``(II) Scope and frequency.-- Following public notice and comment, the Board shall establish a schedule for the frequency and the scope of examinations of insurance savings and loan holding companies that is consistent with the supervisory framework required by paragraph (7).''. (f) Supervision.--Section 10(b) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)) is amended by inserting at the end the following new paragraph: ``(7) Insurance savings and loan holding companies.-- ``(A) Tailored supervision.--The Board, by rule, shall establish a supervisory framework for insurance savings and loan holding companies that-- ``(i) is tailored to the unique risks, operations, and activities of insurance savings and loan holding companies; and ``(ii) to the fullest extent possible, and consistent with the safe and sound operation of insurance savings and loan holding companies, does not unnecessarily duplicate the supervision of insurance underwriting companies by the State insurance authorities for such companies or insurance underwriting companies that are subsidiaries of such companies. ``(B) Review of supervisory guidance.--Following public notice and comment, the Board shall review and revise supervisory policy letters and guidance applicable to insurance savings and loan holding companies to ensure that such letters and guidance are not inconsistent with the supervisory framework required by this paragraph.''. SEC. 3. ASSESSMENTS AND FEES FOR INSURANCE SAVINGS AND LOAN HOLDING COMPANIES. Section 11(s) of the Federal Reserve Act (12 U.S.C. 248(s)), which relates to assessments and fees, is amended by inserting at the end the following new paragraph: ``(4) Excluded assets.--For purposes of paragraph (2)(B), the total consolidated assets of an insurance savings and loan holding company, as defined in section 10(a)(1)(L) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(L)), shall not include assets attributable to the business of insurance conducted by such company or any affiliate of such company, other than assets associated with insurance for credit risk.''. SEC. 4. IMPLEMENTATION. (a) Implementation of Supervisory Framework.--The Board shall establish the supervisory framework required by section 10(b)(7) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)), as added by this Act, within 24 months of the date of enactment of this Act. (b) Review of Supervisory Guidance.--The Board shall complete the review of supervisory policy letters and policy guidance required by section 10(b)(7) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)), as added by this Act, within 30 months of the date of enactment of this Act. (c) Report to Congress.--The Board, no later than 36 months after the date of enactment of this Act, 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 on the implementation of this Act. (d) Board Defined.--As used in this section, the term ``Board'' means the Board of Governors of the Federal Reserve System. SEC. 5. RELATIONSHIP TO OTHER LAWS. This Act and the amendments made by this Act shall not limit any authority over insurance savings and loan holding companies (as defined under section 10(a)(1) of the Home Owners' Loan Act) that is provided by a Federal law other than the Home Owners' Loan Act. SEC. 6. RULEMAKING AUTHORITY. The Board may issue regulations and orders as may be necessary to-- (1) administer and carry out this Act and the amendments made by this Act; and (2) prevent evasions of this Act and the amendments made by this Act. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed to affect the authority of the Board of Governors of the Federal Reserve System over any subsidiary of an insurance savings and loan holding company that is not an insurance underwriting company (as such terms are defined, respectively, under section 10(a)(1) of the Home Owners' Loan Act). Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

State Insurance Regulation Preservation Act This bill amends the Home Owners' Loan Act to limit the applicability of reporting and filing requirements for insurance savings and loan holding companies (ISLHCs). Such holding companies shall also be exempt from requirements relating to examination and supervision by the Federal Reserve Board (FRB) if they meet certain state and federal capital requirements. Certain FRB regulations as applied to ISLHCs must be tailored to the insurance business and applicable state insurance requirements.

State Insurance Regulation Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Technology Promotion Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The national policy of the United States declares that pollution should be prevented or reduced at the source whenever feasible, prior to environmentally sound recycling, treatment, or landfilling. (2) There are significant opportunities for industry to reduce or prevent pollution at the source through cost- effective changes in production, operation, and raw materials use. (3) Such changes offer industry substantial savings in reduced raw material, pollution control, and liability costs, and help to protect the environment and reduce risks to worker health and safety. (4) Federal Government estimates indicate that businesses can reduce their waste generation 33 percent to 50 percent by implementing source reduction techniques, and private sector studies suggest that some industry sectors can reduce their waste by up to 80 percent through the use of such techniques. (5) In most cases, source reduction and energy efficiency techniques do not require the purchase of new equipment, but merely a better understanding of how to use equipment currently available. (6) In fact, one recent study indicated that 25 percent of all source reduction activities require no capital investment for implementation and, of those that require capital, 50 percent of the capital expenditures were recouped in savings in, on average, less than 18 months. (7) The private sector must take the lead in reducing the production of waste by manufacturing companies and, in fact, many large companies have contracted with consultants or performed internal audits to find methods for reducing pollution in their own processes. (8) Source reduction is fundamentally different from, and more desirable than, waste management and pollution control and should be promoted by Federal agencies, particularly the Department of Commerce in its role in assisting businesses. (9) The Federal Government can assist small- and medium- sized companies that often are unaware of the techniques available for pollution prevention and the possible savings from employing them, and such Government assistance will help meet the dual goals of modernizing manufacturing and improving the environment. (10) The Environmental Protection Agency and the Department of Energy can provide the Manufacturing Technology Centers with technical expertise in this area. (11) The Environmental Protection Agency has conducted over 200 source reduction assessments for manufacturers and the Department of Energy has conducted over 4,100 energy audits which have saved companies $419 million and 77 trillion Btu's of energy. (12) Assisting small- and medium-sized companies to reduce the waste products created during the manufacturing process will reduce the companies' costs, and thus improve the competitiveness of such companies, by-- (A) reducing their costs of disposal; (B) reducing their costs of complying with environmental regulations; (C) reducing their raw material costs; (D) reducing liability costs associated with transport and disposal; and (E) assisting these companies in identifying areas where their production processes are inefficient. (b) Purpose.--It is the purpose of this Act to incorporate environmental concerns into technology programs established in the National Institute of Standards and Technology. SEC. 3. DISSEMINATION OF SOURCE REDUCTION AND ENERGY EFFICIENCY TECHNOLOGIES. The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following new section: ``SEC. 23. DISSEMINATION OF SOURCE REDUCTION AND ENERGY EFFICIENCY TECHNOLOGIES. ``(a) In General.--Each Regional Center for the Transfer of Manufacturing Technology established in section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) shall conduct or assist in the conducting of energy efficiency and source reduction assessments of client companies of the Regional Centers and the Manufacturing Outreach Centers established under subsection (c). These assessments shall assist such client companies in identifying opportunities for energy efficiency conservation and source reduction through improvements in manufacturing processes or the purchase of new equipment. ``(b) Training and Other Assistance.--In order to facilitate these energy efficiency and source reduction assessments-- ``(1) at least one employee of each Regional Center (who shall be designated by such Regional Center) shall receive training from the Department of Energy and the Environmental Protection Agency concerning the conducting of energy efficiency and source reduction assessments; and ``(2) not later than 12 months after the date of enactment of this section, the National Institute of Standards and Technology, in consultation with the Environmental Protection Agency and the Department of Energy, shall make available a software assessment package to the Regional Centers and the Manufacturing Outreach Centers for the purpose of assisting client companies in identifying opportunities for improved energy efficiency and source reduction. ``(c) Manufacturing Outreach Centers.--(1) Eligible government and private sector organizations that are engaged in technology or manufacturing extension activities may apply to the Secretary for designation as Manufacturing Outreach Centers, in such form and manner as the Secretary may prescribe. Eligible organizations include Federal, State, and local government agencies, extension programs, universities, and laboratories; small business development centers; and professional societies, worker organizations, industrial organizations, nonprofit organizations, community development organizations, community colleges, and technical schools and colleges. ``(2) The Secretary shall establish standards for designation of existing technology or manufacturing extension programs and for qualification of start-up programs as Manufacturing Outreach Centers. ``(d) Definition.--For purposes of this section, the term `source reduction' has the same meaning as in section 6603 of the Pollution Prevention Act of 1990 (42 U.S.C. 13102).''.

Green Technology Promotion Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require Regional Centers for the Transfer of Manufacturing Technology to conduct energy efficiency and source reduction assessments for client companies. Authorizes eligible government and private sector organizations that are engaged in technology or manufacturing extension activities to apply for Manufacturing Outreach Center designation.

Green Technology Promotion Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Downpayment Act''. SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM. (a) Downpayment Assistance Initiative.--Subtitle E of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821) is amended to read as follows: ``Subtitle E--Other Assistance ``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE. ``(a) Grant Authority.--The Secretary may make grants to participating jurisdictions to assist low-income families to achieve homeownership, in accordance with this section. ``(b) Eligible Activities.--Amounts made available under this section may be used only for downpayment assistance toward the purchase of single family housing by low-income families who are first-time homebuyers. For purposes of this title, the term `downpayment assistance' means assistance to help a family acquire a principal residence. ``(c) Housing Strategy.--To be eligible to receive a grant under this section for a fiscal year, a participating jurisdiction shall include in its comprehensive housing affordability strategy under section 105 for such year a description of the use of the grant amounts. ``(d) Formula Allocation.--For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this section for the fiscal year in accordance with a formula, which shall be established by the Secretary, that considers a participating jurisdiction's need for and prior commitment to assistance to homebuyers. The formula may include minimum and maximum allocation amounts. ``(e) Reallocation.--If any amounts allocated to a participating jurisdiction under this section become available for reallocation, the amounts shall be reallocated to other participating jurisdictions in accordance with the formula established pursuant to subsection (c), except that if a local participating jurisdiction failed to receive amounts allocated under this section and is located in a State that is a participating jurisdiction, the funds shall be reallocated to the State. ``(f) Applicability of Other Provisions.-- ``(1) In general.--Except as otherwise provided in this section, grants under this section shall not be subject to the provisions of this title. ``(2) Applicable provisions.--In addition to the requirements of this section, grants under this section shall be subject to the provisions of title I, sections 215(b), 218, 219, 221, 223, 224, and 226(a) of subtitle A of this title, and subtitle F of this title. ``(3) References.--In applying the requirements of subtitle A referred to in paragraph (2)-- ``(A) any references to funds under subtitle A shall be considered to refer to amounts made available for assistance under this section; and ``(B) any references to funds allocated or reallocated under section 217 or 217(d) shall be considered to refer to amounts allocated or reallocated under subsection (d) or (e) of this section, respectively. ``(g) Administrative Costs.--Notwithstanding section 212(c), a participating jurisdiction may use funds under subtitle A for administrative and planning costs of the jurisdiction in carrying out this section, and the limitation in section 212(c) shall be based on the total amount of funds available under subtitle A and this section. ``(h) Funding.-- ``(1) Fiscal year 2002.--This section constitutes the subsequent legislation authorizing the Downpayment Assistance Initiative referred to in the item relating to the `HOME Investment Partnerships Program' in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002 (Public Law 107- 73; 115 Stat. 666). ``(2) Subsequent fiscal years.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2003 through 2006.''. (b) Relocation Assistance and Downpayment Assistance.--Subtitle F of title II of the Cranston-Gonzalez National Affordable Housing Act is amended by inserting after section 290 (42 U.S.C. 12840) the following new section: ``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE. ``The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 shall not apply to downpayment assistance under this title.''. SEC. 3. REAUTHORIZATION OF SHOP PROGRAM. Section 11(p) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended by striking ``such sums as may be necessary for fiscal year 2001'' and inserting ``$65,000,000 for fiscal year 2003 and such sums as may be necessary for fiscal year 2004''. SEC. 4. REAUTHORIZATION OF HOPE VI PROGRAM. (a) Authorization of Appropriations.--Section 24(m)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking ``$600,000,000 for fiscal year 1999 and such sums as may be necessary for each of fiscal years 2000, 2001, and 2002'' and inserting ``$574,000,000 for fiscal year 2003''. (b) Sunset.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2002'' and inserting ``September 30, 2003''.

American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to: (1) authorize the Secretary of Housing and Urban Development to make grants to participating jurisdictions for downpayment assistance to low-income, first-time home buyers; and (2) make the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to such assistance.Amends the Housing Opportunity Program Extension Act of 1996 to authorize appropriations for the self-help housing provider program.Amends the United States Housing Act of 1937 to authorize appropriations for the public housing agency grant program for project demolition, revitalization, and replacement, and tenant-based assistance. Extends the program sunset date to September 30, 2003.

To support certain housing proposals in the fiscal year 2003 budget for the Federal Government, including the downpayment assistance initiative under the HOME Investment Partnerships Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Bank Sensible Regulation Act of 2017''. SEC. 2. EXEMPTIVE AUTHORITY FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION. Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following: ``(l) Exemptive Authority.-- ``(1) In general.--Notwithstanding any other provision of law, the Corporation, after considering the factors in paragraph (3), may exempt by rule any depository institution having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act that confers authority to the Corporation. ``(2) Conditions.--The Corporation may impose conditions on an exemption granted under paragraph (1). ``(3) Factors to consider.--In granting an exemption under paragraph (1), the Corporation shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the depository institution; ``(B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the depository institution; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(4) Indexation of asset threshold.--The asset threshold identified in paragraph (1) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. SEC. 3. EXEMPTIVE AUTHORITY FOR THE OFFICE OF THE COMPTROLLER OF THE CURRENCY. (a) Exemptive Authority With Respect to National Banks.--Section 5239A of the Revised Statutes (12 U.S.C. 93a) is amended-- (1) by striking ``Except'' and inserting the following: ``(a) In General.--Except''; and (2) by adding at the end the following: ``(b) Exemptive Authority.-- ``(1) Definition.--In this subsection, the term `insured depository institution' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). ``(2) Exemption.--Notwithstanding any other provision of law, the Comptroller of the Currency, after considering the factors in paragraph (4), may exempt by rule any national bank having less than $10,000,000,000 in total assets from-- ``(A) any provision of this title; ``(B) any rule promulgated under this title; or ``(C) any rule promulgated under any other title or Act that confers authority to the Comptroller. ``(3) Conditions.--The Comptroller of the Currency may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In granting an exemption under paragraph (2), the Comptroller of the Currency shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the national bank; ``(B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the national bank; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(5) Indexation of asset threshold.--The asset threshold identified in paragraph (1) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (b) Exemptive Authority With Respect to Savings Associations.-- Section 4(a) of the Home Owners' Loan Act (12 U.S.C. 1463(a)) is amended by adding at the end the following: ``(4) Exemptive authority.-- ``(A) Definition.--In this paragraph, the term `insured depository institution' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). ``(B) Exemption.--Notwithstanding any other provision of law, the Comptroller, after considering the factors in subparagraph (D), may exempt by rule any savings association having less than $10,000,000,000 in total assets from-- ``(i) any provision of this Act; ``(ii) any rule promulgated under this Act; or ``(iii) any rule promulgated under any other Act that confers authority on the Comptroller. ``(C) Conditions.--The Comptroller may impose conditions on an exemption granted under subparagraph (B). ``(D) Factors to consider.--In granting an exemption under subparagraph (B), the Comptroller shall consider, as appropriate, the extent to which-- ``(i) the provision or rule would impose an unnecessary or undue burden or cost on the savings association; ``(ii) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the savings association; and ``(iii) the exemption is necessary, appropriate, or consistent with the public interest. ``(E) Indexation of asset threshold.--The asset threshold identified in subparagraph (B) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. SEC. 4. EXEMPTIVE AUTHORITY FOR THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) Exemptive Authority With Respect to State Member Banks.-- Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating the second subsection (s) (relating to assessments, fees, and other charges for certain companies) as subsection (t); and (2) by adding at the end the following: ``(u) Exemptive Authority.-- ``(1) Definition.--In this section, the term `insured depository institution' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). ``(2) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any State member bank having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act that confers authority on the Board. ``(3) Conditions.--The Board may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In granting an exemption under paragraph (2), the Board shall consider, as appropriate, the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the State member bank; ``(B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the State member bank; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest.''. ``(5) Indexation of asset threshold.--The asset threshold identified in paragraph (2) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (b) Exemptive Authority With Respect to Bank Holding Companies.-- The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by adding at the end the following: ``SEC. 15. EXEMPTIVE AUTHORITY. ``(a) Definition.--In this section, the term `insured depository institution' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). ``(b) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in subsection (d), may exempt by rule any bank holding company having less than $10,000,000,000 in total assets from-- ``(1) any provision of this Act; ``(2) any rule promulgated under this Act; or ``(3) any rule promulgated under any other Act that confers authority on the Board. ``(c) Conditions.--The Board may impose conditions on an exemption granted under subsection (b). ``(d) Factors To Consider.--In granting an exemption under subsection (b), the Board shall consider, as appropriate, the extent to which-- ``(1) the provision or rule would impose an unnecessary or undue burden or cost on the bank holding company; ``(2) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the bank holding company; and ``(3) the exemption is necessary, appropriate, or consistent with the public interest. ``(e) Indexation of Asset Threshold.--The asset threshold identified in subsection (b) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''. (c) Exemptive Authority for Savings and Loan Holding Companies and Mutual Holding Companies.--Section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the end the following: ``(u) Exemptive Authority.-- ``(1) Definitions.--In this subsection-- ``(A) the term `insured depository institution' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and ``(B) the term `mutual holding company' has the meaning given the term in subsection (o)(10)(A). ``(2) Exemption.--Notwithstanding any other provision of law, the Board, after considering the factors in paragraph (4), may exempt by rule any savings and loan holding company or any mutual holding company having less than $10,000,000,000 in total assets from-- ``(A) any provision of this Act; ``(B) any rule promulgated under this Act; or ``(C) any rule promulgated under any other Act that confers authority on the Board. ``(3) Conditions.--The Board may impose conditions on an exemption granted under paragraph (2). ``(4) Factors to consider.--In granting an exemption under paragraph (2), the Board shall consider the extent to which-- ``(A) the provision or rule would impose an unnecessary or undue burden or cost on the savings and loan holding company or the mutual holding company; ``(B) the provision or rule is unnecessary or unwarranted in order to promote the safety and soundness of the savings and loan holding company or the mutual holding company; and ``(C) the exemption is necessary, appropriate, or consistent with the public interest. ``(5) Limitation.--The authority granted to the Board under paragraph (2) shall not apply with respect to a savings and loan holding company described in subsection (c)(9)(C). ``(6) Indexation of asset threshold.--The asset threshold identified in paragraph (2) shall be increased annually at a percentage equal to the percentage change in the total aggregate assets of insured depository institutions for each 12-month period ending in December of each year, rounded to the nearest $10,000,000.''.

Community Bank Sensible Regulation Act of 2017 This bill amends federal finance laws to allow federal financial regulatory agencies to exempt from their regulatory purview, based on consideration of specified factors, certain depository institutions with less than $10 billion in assets.

Community Bank Sensible Regulation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Columbia-Pacific National Heritage Area Study Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Chinookan people have-- (A) lived in the Columbia-Pacific region for over 6,000 years; (B) developed a wealthy and vibrant culture from the abundance of the Columbia River and the sophisticated trade economy of the people; and (C) established cultural centers in Chinook, Washington, and Seaside, Oregon; (2) early European explorers, including Heceta, Vitus Bering, Sir Francis Drake, and Captain Cook, began to explore and chart the region in search of the Great River of the West, the last remaining major land feature mapped by Europeans; (3) many people travel from around the world to the Columbia-Pacific region to-- (A) experience the rich historical culture of the region; and (B) search for new business opportunities in the region; (4) in 1792 Boston-based Captain Robert Gray was the first to bring a sailing ship into the River, naming the River after his ship, the COLUMBIA REDIVIVA; (5) Gray's trip through the Columbia River opened up the River to trade with east coast cities, European countries, and Asian kingdoms; (6) during the 13 years before the Lewis and Clark Corps of Discovery arrived overland, more than 88 ships entered the Columbia River as part of a sophisticated global trade network that became known as the ``Golden Round'', which stimulated the economy of the newly freed colonies and accelerated the development of the international fur trade; (7) ports and communities along the Columbia River continue to support the traditional industries of fishing, seafood processing, timber harvesting, and trade; (8) in 1805 Lewis and Clark, seeking an all water route to the Pacific Ocean for commerce to expand the American claim to the Pacific Ocean, arrived at the mouth of the Columbia River where the group built a fort to spend the winter; (9) the legacy of Lewis and Clark continues to be available to the public at the newly expanded units of the Lewis and Clark National Historical Park; (10) in 1811 John Jacob Astor established a permanent settlement for commerce at the mouth of the Columbia River known as ``Astoria'', which became the first American city west of the Rocky Mountains; (11) Astoria was sold to the Hudson Bay Company and during the period from 1812 to 1828, was a British territory; (12) Astoria was ultimately returned to the United States making Astoria the only city in the United States to become the territory of another country and then revert back to the United States; (13) for several thousand years the approaches to the mouth of the Columbia River have served as the original homeland defense system as the Chinookan people established villages on headlands and promontories of the River in order to watch the traffic entering, leaving, and traveling on the River; (14) with the start of the Civil War, the native villages were replaced with forts operated by the United States Army; (15) the Army forts at Cape Disappointment, Fort Columbia, and Fort Stevens were in continuous operation through the end of World War II; (16) the United States Coast Guard maintains a large homeland security operation through Group Astoria with the Cape Disappointment Motor Lifeboat Station, Astoria Air Station, 2 cutters operating out of Astoria, and the Tongue Point maintenance yard; (17) through the United States Coast Guard operations, the Columbia River continues to serve as the guard post for the protection of international commerce of the largest river transport system on the west coast; (18) the water offshore Clatsop County, Oregon, and Pacific County, Washington, is known as the ``Graveyard of the Pacific'', because thousands of vessels and lives have been lost in the water, with survivors struggling ashore and seeking refuge in the historic beach communities of Cannon Beach, Seaside, Gearhart, Seaview, Long Beach, Ocean Park, and Oysterville; (19) shipwrecks and storm waters are still a threat to commercial and recreational boaters in the area; (20) modern navigation aids include lighthouses, lightships, and lifesaving stations; (21) the United States Coast Guard continues to operate the Cape Disappointment Lifesaving Station and the National Motor Lifeboat School; (22) members of the United States Coast Guard from throughout the United States are sent to the ``Top Gun'' training center to-- (A) challenge some of the most dangerous waters in the world; and (B) prepare for service at stations throughout the United States; (23) the Columbia River is home to 1 of the most abundant commercial and sport fisheries in the world; (24) for centuries, the people in the Columbia-Pacific region have made a living from the Columbia River, including-- (A) the Chinookan people, who developed a sophisticated and vibrant culture using the resources of the River; and (B) beginning in the 1840's, American settlers and European and Asian immigrants, who developed a vibrant economy around the salmon fisheries; (25) the communities of Astoria, Warrenton, Hammond, Chinook, and Ilwaco-- (A) have their roots in the development of the early fishing industry; and (B) continue to support both commercial and sport fisheries that-- (i) provide-- (I) economic opportunities for residents; and (II) recreational opportunities for visitors; and (ii) preserve over a century of cultural traditions; (26) commercial timber harvesting has been an important component of the culture of the Columbia River for over 150 years; (27) timber has been harvested and used in local mills or transported, primarily along the Columbia River to the Pacific Ocean; and (28) raw logs and forest products continue to be transported along the Columbia River and across the Bar to markets around the world. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Columbia-Pacific National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``study area'' means-- (A) the coastal areas of Clatsop County, Oregon, and Pacific County, Washington, which are known as the ``North Beach Peninsula''; and (B) areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along the Columbia River eastward in Clatsop County, Oregon, and Pacific, Columbia, and Wahkiakum Counties, Washington. SEC. 4. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY. (a) In General.--The Secretary, in consultation with the managers of any Federal land within the Heritage Area, appropriate State and local governmental agencies, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Columbia-Pacific National Heritage Area. (b) Requirements.--The study shall include analysis, documentation, and determinations on whether-- (1) the study area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represent distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) are best managed through agreements between public and private entities at the local or 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 and educational opportunities; and (G) has resources and traditional uses that have national importance; (2) residents, business interests, nonprofit organizations, the Federal Government (including relevant Federal land management agencies), and State, local, and tribal governments within the study area-- (A) are involved in the planning; and (B) have demonstrated significant support through letters and other means for designation and management of the Heritage Area; and (3) the study area-- (A) has been identified; and (B) is supported by State and local agencies, the public, and private businesses. SEC. 5. REPORT. Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act.

Columbia-Pacific National Heritage Area Study Act - Directs the Secretary of the Interior to conduct a study to determine the feasibility of designating the study area of the coastal areas of Clatsop County, Oregon, and Pacific County, Washington (known as the North Beach Peninsula) and areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along such River eastward in Clatsop County, Oregon, and Pacific, Columbia, and Wahkiakum Counties, Washington, as the "Columbia-Pacific National Heritage Area."

A bill to direct the Secretary of the Interior to conduct a study to determine the feasibility of establishing the Columbia-Pacific National Heritage Area in the States of Washington and Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Telecommunications Consumer Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Telecommunications Act of 1996 was enacted to foster the rapid deployment of advanced telecommunications and information technologies and services to all Americans by promoting competition and reducing regulation in telecommunications markets nationwide. (2) The Telecommunications Act of 1996 specifically recognized the unique abilities and circumstances of local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide. (3) Given the markets two percent carriers typically serve, such carriers are uniquely positioned to accelerate the deployment of advanced services and competitive initiatives for the benefit of consumers in less densely populated regions of the Nation. (4) Existing regulations are typically tailored to the circumstances of larger carriers and therefore often impose disproportionate burdens on two percent carriers, impeding such carriers' deployment of advanced telecommunications services and competitive initiatives to consumers in less densely populated regions of the Nation. (5) Reducing regulatory burdens on two percent carriers will enable such carriers to devote additional resources to the deployment of advanced services and to competitive initiatives to benefit consumers in less densely populated regions of the Nation. (6) Reducing regulatory burdens on two percent carriers will increase such carriers' ability to respond to marketplace conditions, allowing them to accelerate deployment of advanced services and competitive initiatives to benefit consumers in less densely populated regions of the Nation. (b) Purposes.--The purposes of this Act are-- (1) to accelerate the deployment of advanced services and the development of competition in the telecommunications industry for the benefit of consumers in all regions of the Nation, consistent with the Telecommunications Act of 1996, by reducing regulatory burdens on local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide; (2) to improve such carriers' flexibility to undertake such initiatives; and (3) to allow such carriers to redirect resources from paying the costs of such regulatory burdens to increasing investment in such initiatives. SEC. 3. DEFINITION. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (51) and (52) as paragraphs (52) and (53), respectively; and (2) by inserting after paragraph (50) the following: ``(51) Two percent carrier.--The term `two percent carrier' means an incumbent local exchange carrier within the meaning of section 251(h) whose access lines, when aggregated with the access lines of any local exchange carrier that such incumbent local exchange carrier directly or indirectly controls, is controlled by, or is under common control with, are fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.''. SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS. Title II of the Communications Act of 1934 is amended by adding at the end thereof a new part IV as follows: ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS ``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS. ``(a) Commission To Take Into Account Differences.--In adopting rules that apply to incumbent local exchange carriers (within the meaning of section 251(h)), the Commission shall separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. ``(b) Effect of Commission's Failure To Take Into Account Differences.--If the Commission adopts a rule that applies to incumbent local exchange carriers and fails to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on two percent carriers, the Commission shall not enforce the rule against two percent carriers unless and until the Commission performs such separate evaluation. ``(c) Additional Review Not Required.--Nothing in this section shall be construed to require the Commission to conduct a separate evaluation under subsection (a) if the rules adopted do not apply to two percent carriers, or such carriers are exempted from such rules. ``(d) Savings Clause.--Nothing in this section shall be construed to prohibit any size-based differentiation among carriers mandated by this Act, chapter 6 of title 5, United States Code, the Commission's rules, or any other provision of law. ``(e) Effective Date.--The provisions of this section shall apply with respect to any rule adopted on or after the date of enactment of this section. ``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS. ``(a) Limitation.--The Commission shall not require a two percent carrier-- ``(1) to file cost allocation manuals or to have such manuals audited or attested, but a two percent carrier that qualifies as a class A carrier shall annually certify to the Commission that the two percent carrier's cost allocation complies with the rules of the Commission; or ``(2) to file Automated Reporting and Management Information Systems (ARMIS) reports. ``(b) Preservation of Authority.--Except as provided in subsection (a), nothing in this Act limits the authority of the Commission to obtain access to information under sections 211, 213, 215, 218, and 220 with respect to two percent carriers. ``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS. ``The Commission shall not require any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, including local and interexchange services, commercial mobile radio services, advanced services (within the meaning of section 706 of the Telecommunications Act of 1996), paging, Internet, information services or other enhanced services, or other services. The Commission shall not require any two percent carrier and its affiliates to maintain separate officers, directors, or other personnel, network facilities, buildings, research and development departments, books of account, financing, marketing, provisioning, or other operations. ``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION. ``(a) NECA Pool.--The participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. The Commission may require a two percent carrier to give 60 days notice of its intent to participate or withdraw from participation in such common line tariff with respect to a study area. Except as permitted by section 310(f)(3), a two percent carrier's election under this subsection shall be binding for one year from the date of the election. ``(b) Price Cap Regulation.--A two percent carrier may elect to be regulated by the Commission under price cap rate regulation, or elect to withdraw from such regulation, for one or more of its study areas. The Commission shall not require a carrier making an election under this subsection with respect to any study area or areas to make the same election for any other study area. Except as permitted by section 310(f)(3), a two percent carrier's election under this subsection shall be binding for one year from the date of the election. ``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT COMPANIES. ``(a) One-Day Notice of Deployment.--The Commission shall permit two percent carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice showing the charges, classifications, regulations, and practices therefor, without obtaining a waiver, or make any other showing before the Commission in advance of the tariff filing. The Commission shall not have authority to approve or disapprove the rate structure for such services shown in such tariff. ``(b) Definition.--For purposes of subsection (a), the term `new interstate telecommunications service' means a class or subclass of service not previously offered by the two percent carrier that enlarges the range of service options available to ratepayers of such carrier. ``SEC. 286. ENTRY OF COMPETING CARRIER. ``(a) Pricing Flexibility.--Notwithstanding any other provision of this Act, any two percent carrier shall be permitted to deaverage its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the Commission that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. A two percent carrier subject to rate-of-return regulation with respect to an interstate switched or special access service, for which pricing flexibility has been exercised pursuant to this subsection, shall compute its interstate rate of return based on the nondiscounted rate for such service. ``(b) Pricing Deregulation.--Notwithstanding any other provision of this Act, upon receipt by the Commission of a certification by a two percent carrier that a local exchange carrier that is not a two percent carrier is engaged in facilities-based entry within the two percent carrier's service area, the Commission shall regulate such two percent carrier as non-dominant, and therefore shall not require the tariffing of the interstate service offerings of such two percent carrier. ``(c) Participation in Exchange Carrier Association Tariff.--A two percent carrier that meets the requirements of subsection (a) or (b) of this section with respect to one or more study areas shall be permitted to participate in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator, by electing to include one or more of its study areas in such tariff. ``(d) Definitions.--For purposes of this section: ``(1) Facilities-based entry.--The term `facilities-based entry' means, within the service area of a two percent carrier-- ``(A) the provision or procurement of local telephone exchange switching or its equivalent; and ``(B) the provision of telephone exchange service to at least one unaffiliated customer. ``(2) Contract-based tariff.--The term `contract-based tariff' shall mean a tariff based on a service contract entered into between a two percent carrier and one or more customers of such carrier. Such tariff shall include-- ``(A) the term of the contract, including any renewal options; ``(B) a brief description of each of the services provided under the contract; ``(C) minimum volume commitments for each service, if any; ``(D) the contract price for each service or services at the volume levels committed to by the customer or customers; ``(E) a brief description of any volume discounts built into the contract rate structure; and ``(F) a general description of any other classifications, practices, and regulations affecting the contract rate. ``(3) Service area.--The term `service area' has the same meaning as in section 214(e)(5). ``SEC. 287. SAVINGS PROVISIONS. ``(a) Commission Authority.--Nothing in this part shall be construed to restrict the authority of the Commission under sections 201 through 208. ``(b) Rural Telephone Company Rights.--Nothing in this part shall be construed to diminish the rights of rural telephone companies otherwise accorded by this Act, or the rules, policies, procedures, guidelines, and standards of the Commission as of the date of enactment of this section.''. SEC. 5. LIMITATION ON MERGER REVIEW. (a) Amendment.--Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following: ``(f) Deadline for Making Public Interest Determination.-- ``(1) Time limit.--In connection with any merger between two percent carriers, or the acquisition, directly or indirectly, by a two percent carrier or its affiliate of securities or assets of another two percent carrier or its affiliate, if the merged or acquiring carrier remains a two percent carrier after the merger or acquisition, the Commission shall make any determinations required by this section and section 214, and shall rule on any petition for waiver of the Commission's rules or other request related to such determinations, not later than 60 days after the date an application with respect to such merger or acquisition is submitted to the Commission. ``(2) Approval absent action.--If the Commission does not approve or deny an application as described in paragraph (1) by the end of the period specified, the application shall be deemed approved on the day after the end of such period. Any such application deemed approved under this subsection shall be deemed approved without conditions. ``(3) Election permitted.--The Commission shall permit a two percent carrier to make an election pursuant to section 284 with respect to any local exchange facilities acquired as a result of a merger or acquisition that is subject to the review deadline established in paragraph (1) of this subsection.''. (b) Effective Date.--The provisions of this section shall apply with respect to any application that is submitted to the Commission on or after the date of enactment of this Act. Applications pending with the Commission on the date of enactment of this Act shall be subject to the requirements of this section as if they had been filed with the Commission on the date of enactment of this Act. SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR WAIVER. (a) Amendment.--Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by adding to the end the following: ``(c) Expedited Action Required.-- ``(1) Time limit.--Within 90 days after receiving from a two percent carrier a petition for reconsideration or other review filed under this section or a petition for waiver of a rule, policy, or other Commission requirement, the Commission shall issue an order granting or denying such petition. If the Commission fails to act on a petition for waiver subject to the requirements of this section within this 90-day period, the relief sought in such petition shall be deemed granted. If the Commission fails to act on a petition for reconsideration or other review subject to the requirements of this section within such 90-day period, the Commission's enforcement of any rule the reconsideration or other review of which was specifically sought by the petitioning party shall be stayed with respect to that party until the Commission issues an order granting or denying such petition. ``(2) Finality of action.--Any order issued under paragraph (1), or any grant of a petition for waiver that is deemed to occur as a result of the Commission's failure to act under paragraph (1), shall be a final order and may be appealed.''. (b) Effective Date.--The provisions of this section shall apply with respect to any petition for reconsideration or other review or petition for waiver that is submitted to the Commission on or after the date of enactment of this Act. Petitions for reconsideration or petitions for waiver pending with the Commission on the date of enactment of this Act shall be subject to the requirements of this section as if they had been filed on the date of enactment of this Act. Passed the House of Representatives March 21, 2001. Attest: JEFF TRANDAHL, Clerk.

Independent Telecommunications Consumer Enhancement Act of 2001 - Amends the Communications Act of 1934 to define a "two percent carrier" as an incumbent local telecommunications exchange carrier whose access lines are fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers.Prohibits the FCC from requiring a two percent carrier to: (1) file cost allocation manuals or Automated Reporting and Management Information systems; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services or to maintain separate officers, personnel, facilities, books or accounts, or other operations.States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Allows the FCC to require a two percent carrier to give 60 days notice of its intent to participate or withdraw.Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area.Provides limitations on FCC review of a two percent carrier's merger or acquisitions.Requires FCC determination within 90 days with respect to a two percent carrier's request for reconsideration or other review of an FCC rule, policy, or other requirement.

To amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the Nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes.

SECTION 1. ADDITIONAL CERTIFICATION REGARDING DRUG-PRODUCING AND DRUG- TRANSIT COUNTRIES. (a) Additional Certification.-- (1) In general.--Subsection (b)(1) of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended-- (A) by striking ``or'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) during the previous year, the country-- ``(i) has cooperated with the United States, or has taken steps on its own, to achieve compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; but; ``(ii) has not made adequate progress toward meeting certain plans, programs, or timetables (including plans, programs, or timetables relating to the Convention) identified in the most recent report of the President under section 489(a)(4); or''; and (D) in subparagraph (C), as so redesignated, by inserting ``or (B)'' after ``subparagraph (A)''. (2) Conforming amendments.--That section is further amended-- (A) in subsection (b)(3), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(C)''; (B) in subsection (c), by striking ``subsection (b)(1)(A)'' and inserting ``subparagraph (A) or (B) of subsection (b)(1)''; and (C) in subsection (f)-- (i) in paragraph (1), by striking ``subsection (b)(1)(A) or (b)(1)(B)'' and inserting ``subsection (b)''; and (ii) in paragraph (2)-- (I) by striking ``subsection (b)(1)(B)'' each place it appears and inserting ``subsection (b)(1)(C)''; and (II) in clause (ii)(I), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A) or (b)(1)(B)''. (b) Additional Requirements Relating to Qualified Certification.-- That section is further amended by adding at the end the following: ``(i) Additional Requirements Relating to Qualified Certification.-- ``(1) High-level contact group.--In the event of a certification with respect to a country under subsection (b)(1)(B), a high-level contact group should be convened consisting of, but not limited to, the following officials (or their designees) from the United States and their counterparts from the country: ``(A) The Attorney General. ``(B) The Director of the Office of National Drug Control Policy. ``(C) The Secretary of the Treasury. ``(D) The Secretary of State. ``(E) The Administrator of the Drug Enforcement Administration. ``(F) The Director of the Federal Bureau of Investigation. ``(G) The Commissioner of Customs. ``(2) Responsibilities.-- ``(A) In general.--Each high-level contact group with respect to a country should establish specific, achievable benchmarks for the country for each plan, program, and timetable referred to in subsection (b)(1)(B)(ii) for which inadequate progress has been made. ``(B) Purpose.--The purpose of a benchmark under this paragraph is to permit the United States and the country concerned to verify in an objective manner the progress of the country under the plan, program, or timetable concerned. ``(C) Elements.--Each benchmark under this paragraph shall-- ``(i) establish one or more specific, measurable goals or objectives with respect each plan, program, or timetable concerned, including a goal or objective relating to arrests, extradition, eradication of drug- related crops, money-laundering, and other appropriate matters; and ``(ii) fix the time in which each such goal or objective is to be met. ``(3) Deadline.--A high-level contact group with respect to a country should complete its activities under paragraph (2) not later than 60 days after the date of the certification with respect to the country under subsection (b)(1)(B). ``(4) Benchmark report.-- ``(A) Requirement.--Not later than September 1 each year, the President shall, after consultation with the Attorney General, submit to Congress a report setting forth the benchmarks established under this subsection during that year. ``(B) Elements.--A report under subparagraph (A) shall-- ``(i) identify each country covered by the report; ``(ii) set forth each benchmark established with respect to the country; and ``(iii) describe any progress made by the country in meeting each such benchmark. ``(5) Report on progress.--With respect to each country for which benchmarks are established under this subsection in a year, the President shall, after consultation with the Attorney General, include in the report submitted to Congress under section 489(a) in the following year a report that describes the progress made by the country in meeting such benchmarks. ``(j) Use of Benchmarks in Future Certifications.--In the case of a country for which benchmarks are established under subsection (i) in a year, the President shall place the greatest emphasis on the progress made by the country with respect to each such benchmark (as described in the report under paragraph (5) of that subsection) in making a certification with respect to the country under this section in the following year.''. (c) Applicability to Mexico.--It is the sense of Congress that-- (1) a high-level contact group should be convened with respect to Mexico in 1998, as described in subsection (i) of section 490 of the Foreign Assistance of 1961, as added by subsection (b); (2) the provisions of such subsection (i) should apply to the activities of the contact group; and (3) the provisions of subsection (j) of that section, as so added, should apply to the certification of Mexico in 1999 under such section.

Amends the Foreign Assistance Act of 1961 to revise certification standards for waiver of the requirements that: (1) bilateral assistance be withheld from a major illicit drug producing country or major drug-transit country; and (2) the Secretary of the Treasury instruct the U.S. Executive Director of each multilateral development bank to vote against the provision of assistance to such countries under the international narcotic control program. Allows waiver of such requirements, in addition to other certification standards, if during the previous year such a country has cooperated with the United States, or has taken steps on its own, to achieve compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, but has not made adequate progress toward meeting certain plans, programs, or timetables (including any relating to the Convention) identified in a specified report of the President to the Congress. Declares that, with respect to such a country, a high-level contact group should be convened consisting of, but not limited to, specified U.S. officials and their counterparts from the country. Requires each high-level group to establish specific, achievable benchmarks for the country for each plan, program, and timetable for which inadequate progress has been made. Directs the President to place the greatest emphasis on the progress made by the country with respect to such benchmarks in making certifications for such country in the following year. Expresses the sense of the Congress that: (1) a high-level contact group should be convened with respect to Mexico in 1998; and (2) any benchmarks the group establishes should be used in its certification in 1999.

A bill to amend section 490 of the Foreign Assistance Act of 1961 to establish an additional certification with respect to major drug-producing and drug-transit countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Research Enhancement Act of 2001''. SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH ACTIVITIES. (a) In General.--Section 6 of the Environmental Research, Development, and Demonstration Authorization Act of 1979 (42 U.S.C. 4361c) is amended by adding at the end the following: ``(e) Deputy Administrator for Science and Technology.-- ``(1) Establishment.--There is established in the Environmental Protection Agency (referred to in this section as the `Agency') the position of Deputy Administrator for Science and Technology. ``(2) Appointment.-- ``(A) In general.--The Deputy Administrator for Science and Technology shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Consideration of recommendations.--In making an appointment under subparagraph (A), the President shall consider recommendations submitted by-- ``(i) the National Academy of Sciences; ``(ii) the National Academy of Engineering; and ``(iii) the Science Advisory Board established by section 8 of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365). ``(3) Responsibilities.-- ``(A) Oversight.--The Deputy Administrator for Science and Technology shall coordinate and oversee-- ``(i) the Office of Research and Development of the Agency (referred to in this section as the `Office'); ``(ii) the Office of Environmental Information of the Agency; ``(iii) the Science Advisory Board; ``(iv) the Science Policy Council of the Agency; and ``(v) scientific and technical activities in the regulatory program and regional offices of the Agency. ``(B) Other responsibilities.--The Deputy Administrator for Science and Technology shall-- ``(i) ensure that the most important scientific issues facing the Agency are identified and defined, including those issues embedded in major policy or regulatory proposals; ``(ii) develop and oversee an Agency-wide strategy to acquire and disseminate necessary scientific information through intramural efforts or through extramural programs involving academia, other government agencies, and the private sector in the United States and in foreign countries; ``(iii) ensure that the complex scientific outreach and communication needs of the Agency are met, including the needs-- ``(I) to reach throughout the Agency for credible science in support of regulatory office, regional office, and Agency-wide policy deliberations; and ``(II) to reach out to the broader United States and international scientific community for scientific knowledge that is relevant to Agency policy or regulatory issues; ``(iv) coordinate and oversee scientific quality-assurance and peer-review activities throughout the Agency, including activities in support of the regulatory and regional offices; ``(v) develop processes to ensure that appropriate scientific information is used in decisionmaking at all levels in the Agency; and ``(vi) ensure, and certify to the Administrator of the Agency, that the scientific and technical information used in each Agency regulatory decision and policy is-- ``(I) valid; ``(II) appropriately characterized in terms of scientific uncertainty and cross-media issues; and ``(III) appropriately applied. ``(f) Assistant Administrator for Research and Development.-- ``(1) Term of appointment.--Notwithstanding any other provision of law, the Assistant Administrator for Research and Development of the Agency shall be appointed for a term of 6 years. ``(2) Applicability.--Paragraph (1) applies to each appointment that is made on or after the date of enactment of this subsection. ``(g) Senior Research Appointments in Office of Research and Development Laboratories.-- ``(1) Establishment.--The head of the Office, in consultation with the Science Advisory Board and the Board of Scientific Counselors of the Office, shall establish a program to recruit and appoint to the laboratories of the Office senior researchers who have made distinguished achievements in environmental research. ``(2) Awards.-- ``(A) In general.--The head of the Office shall make awards to the senior researchers appointed under paragraph (1)-- ``(i) to support research in areas that are rapidly advancing and are related to the mission of the Agency; and ``(ii) to train junior researchers who demonstrate exceptional promise to conduct research in such areas. ``(B) Selection procedures.--The head of the Office shall establish procedures for the selection of the recipients of awards under this paragraph, including procedures for consultation with the Science Advisory Board and the Board of Scientific Counselors of the Office. ``(C) Duration of awards.--Awards under this paragraph shall be made for a 5-year period and may be renewed. ``(3) Placement of researchers.--Each laboratory of the Office shall have not fewer than 1 senior researcher appointed under the program established under paragraph (1). ``(4) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(h) Other Activities of Office of Research and Development.-- ``(1) Activities of the office.--The Office shall-- ``(A) make a concerted effort to give research managers of the Office a high degree of flexibility and accountability, including empowering the research managers to make decisions at the lowest appropriate management level consistent with the policy of the Agency and the strategic goals and budget priorities of the Office; ``(B) maintain approximately an even balance between core research and problem-driven research; ``(C) develop and implement a structured strategy for encouraging, and acquiring and applying the results of, research conducted or sponsored by other Federal and State agencies, universities, and industry, both in the United States and in foreign countries; and ``(D) substantially improve the documentation and transparency of the decisionmaking processes of the Office for-- ``(i) establishing research and technical- assistance priorities; ``(ii) making intramural and extramural assignments; and ``(iii) allocating funds. ``(2) Activities of the administrator.--The Administrator of the Agency shall-- ``(A) substantially increase the efforts of the Agency-- ``(i) to disseminate actively the research products and ongoing projects of the Office; ``(ii) to explain the significance of the research products and projects; and ``(iii) to assist other persons and entities inside and outside the Agency in applying the results of the research products and projects; ``(B)(i) direct the Deputy Administrator for Science and Technology to expand on the science inventory of the Agency by conducting, documenting, and publishing a more comprehensive and detailed inventory of all scientific activities conducted by Agency units outside the Office, which inventory should include information such as-- ``(I) project goals, milestones, and schedules; ``(II) principal investigators and project managers; and ``(III) allocations of staff and financial resources; and ``(ii) use the results of the inventory to ensure that activities described in clause (i) are properly coordinated through the Agency-wide science planning and budgeting process and are appropriately peer reviewed; and ``(C) change the peer-review policy of the Agency to more strictly separate the management of the development of a work product from the management of the peer review of that work product, thereby ensuring greater independence of peer reviews from the control of program managers, or the potential appearance of control by program managers, throughout the Agency.''. (b) Deputy Administrator for Policy and Management.-- (1) In general.--The position of Deputy Administrator of the Environmental Protection Agency is redesignated as the position of ``Deputy Administrator for Policy and Management of the Environmental Protection Agency''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Deputy Administrator of the Environmental Protection Agency shall be deemed to be a reference to the Deputy Administrator for Policy and Management of the Environmental Protection Agency. (c) Executive Schedule Level III.--Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Administrator of the Environmental Protection Agency and inserting the following: ``Deputy Administrator for Policy and Management of the Environmental Protection Agency. ``Deputy Administrator for Science and Technology of the Environmental Protection Agency.''.

Environmental Research Enhancement Act of 2001 - Establishes in the Environmental Protection Agency (EPA) the position of Deputy Administrator for Science and Technology, who shall be appointed by the President, by and with the advice and consent of the Senate. Gives such Deputy Administrator responsibility for: (1) oversight of the Office of Research and Development, the Office of Environmental Information, the Science Advisory Board, the Science Policy Council, and scientific and technical activities in the regulatory program and regional offices; and (2) functions related to identification of scientific issues and dissemination of scientific information.Sets the term for the Assistant Administrator for Research and Development. Revises authorities of the Office of Research and Development, including establishment of a program to make senior research appointments. Requires increased dissemination of research products, an expanded inventory of EPA-conducted scientific activities, and revision of the agency's peer-review policy.Redesignates the position of EPA Deputy Administrator as Deputy Administrator for Policy and Management.

A bill to strengthen research conducted by the Environmental Protection Agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Fuels Infrastructure Research and Development Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) in order to lessen United States dependence on foreign sources of petroleum, and decrease demand for petroleum in the transportation sector, the Nation must diversify its fuel supply to include domestically produced biofuels including hydrogen; (2) while ethanol has been successful in the market place as a fuel additive, newer biofuels may present unique challenges that may render the fuels incompatible with the current fuel transportation and delivery infrastructure, placing the burden of costly refurbishment and construction on fuel distributors and retailers; (3) chemical additives to the fuels may mitigate the negative impacts of some biofuels on existing infrastructure and preclude costly retrofitting or installation of new biofuel compatible infrastructure and transportation systems; (4) in order to mitigate air pollution and comply with Federal mandates, Ultra Low Sulfur Diesel fuel was introduced into the marketplace in 2006; (5) fuel labeled Ultra Low Sulfur Diesel may accumulate more than the statutory limit of 15 parts per million of sulfur when transported through multiple pipelines, tanks, and trucks to the final point of sale; (6) fuel distributors and retailers may inadvertently take delivery of fuel labeled Ultra Low Sulfur Diesel with more than 15 parts per million of sulfur without a practical means of verifying sulfur content; and (7) fuel distributors and retailers may transform their business by dispensing hydrogen, reformed on site from various feedstocks, or delivered by pipeline or tube trucks, resulting in new storage, handling, and equipment challenges. SEC. 3. BIOFUEL INFRASTRUCTURE AND ADDITIVES RESEARCH AND DEVELOPMENT. The Assistant Administrator of the Office of Research and Development of the Environmental Protection Agency (in this Act referred to as the ``Assistant Administrator''), in consultation with the Secretary of Energy and the National Institute of Standards and Technology, shall carry out a program of research and development of materials to be added to biofuels to make them more compatible with existing infrastructure used to store and deliver petroleum-based fuels to the point of final sale. The Assistant Administrator is encouraged to utilize Land Grant Institutions, Historically Black Colleges and Universities, Hispanic Serving Institutions, and other minority-serving institutions among other resources to undertake research for this program. The program shall address-- (1) materials to prevent or mitigate-- (A) corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any other material used in pipes and storage tanks; (B) dissolving of storage tank sediments; (C) clogging of filters; (D) contamination from water or other adulterants or pollutants; (E) poor flow properties related to low temperatures; (F) oxidative and thermal instability in long-term storage and use; (G) microbial contamination; and (H) problems associated with electrical conductivity; (2) alternatives to conventional methods for refurbishment and cleaning of gasoline and diesel tanks, including tank lining applications; (3) strategies to minimize emissions from infrastructure; (4) issues with respect to certification by a nationally recognized testing laboratory of components for fuel dispensing devises that specifically reference compatibility with alcohol blended and other biofuels that contain greater than 15 percent alcohol; (5) challenges for design, reforming, storage, handling, and dispensing hydrogen fuel from various feedstocks, including biomass, from neighborhood fueling stations, including codes and standards development necessary beyond that carried out under section 809 of the Energy Policy Act of 2005 (42 U.S.C. 16158); (6) issues with respect to where in the fuel supply chain additives optimally should be added to fuels; and (7) other problems as identified by the Assistant Administrator, in consultation with the Secretary of Energy and the National Institute of Standards and Technology. SEC. 4. SULFUR TESTING FOR DIESEL FUELS. (a) Program.--The Assistant Administrator, in consultation with the National Institute of Standards and Technology, shall carry out a research, development, and demonstration program on portable, low-cost, and accurate methods and technologies for testing of sulfur content in fuel, including Ultra Low Sulfur Diesel and Low Sulfur Diesel. (b) Schedule of Demonstrations.--Not later than 1 year after the date of enactment of this Act, the Assistant Administrator shall begin demonstrations of technologies under subsection (a). SEC. 5. STANDARD REFERENCE MATERIALS AND DATA BASE DEVELOPMENT. Not later than 6 months after the date of enactment of this Act, the National Institute of Standards and Technology shall develop a physical properties data base and standard reference materials for biofuels. Such data base and standard reference materials shall be maintained and updated as appropriate as additional biofuels become available. SEC. 6. AUTHORIZATION OF APPROPRIATIONS SUBJECT TO PAY AS YOU GO. There are authorized to be appropriated to the Environmental Protection Agency $10,000,000 for carrying out this Act, to be derived from amounts otherwise appropriated to the Environmental Protection Agency for energy research, development, and demonstration activities related to fuels or environmental research and development activities related to fuels. SEC. 7. REPORT TO CONGRESS. Not later than 1 year after the establishment of the program under this Act, the Secretary of Energy shall transmit a report to Congress containing suggestions for any Federal incentives that could help such program be more successful. SEC. 8. ADDITIONAL FINDING. The Congress also finds that in order to lessen United States dependence on foreign sources of petroleum, and decrease demand for petroleum in aircraft, such as passenger planes with 42 business class seats capable of transcontinental flights, the Nation must diversify its fuel supply for aircraft to include domestically produced alternative fuels. SEC. 9. ADDITIONAL ISSUES. Research and development under this Act shall address issues with respect to increased volatile emissions or increased nitrogen oxide emissions. Passed the House of Representatives February 8, 2007. Attest: KAREN L. HAAS, Clerk.

Advanced Fuels Infrastructure Research and Development Act - Instructs the Assistant Administrator of the Office of Research and Development of the Environmental Protection Agency (EPA) to implement a program of research and development of materials to be added to biofuels to make them more compatible with existing infrastructure used to store and deliver petroleum-based fuels to the point of final sale. Cites problem areas to be addressed, including microbial contamination. Directs the Assistant Administrator to: (1) implement a research, development, demonstration program on portable, low-cost, and accurate methods and technologies for testing sulfur content in fuel, including Ultra Low Sulfur Diesel and Low Sulfur Diesel; and (2) begin demonstrations of such technologies within a year after enactment of this Act. Directs the National Institute of Standards and Technology to develop a physical properties database and standard reference materials for biofuels. Authorizes appropriations to EPA to implement this Act.

To facilitate the development of markets for biofuels and Ultra Low Sulfur Diesel fuel through research and development and data collection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nicaraguan Investment Conditionality Act (NICA) of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2006, Nicaragua, under President Enrique Bolanos, entered into a $175,000,000, 5-year compact with the Millennium Challenge Corporation (MCC). (2) After the 2008 municipal elections, the MCC stated that there was a pattern of decline in political rights and civil liberties in Nicaragua. (3) In 2009, the MCC terminated the compact and reduced the amount of MCC funds available to Nicaragua by $61,500,000, which led to the compact ending in 2011. (4) According to Nicaraguan law, the National Assembly is the only institution allowed to change the constitution but in 2009, Daniel Ortega circumvented the legislature and went to the Supreme Court, which he controls, to rule in his favor that Presidential term limits were inapplicable. (5) The House Committee on Foreign Affairs convened a congressional hearing on December 1, 2011, entitled ``Democracy Held Hostage in Nicaragua: Part 1'' where former United States Ambassador to Nicaragua Robert Callahan testified, ``First, that Daniel Ortega's candidacy was illegal, illegitimate, and unconstitutional; second, that the period leading to the elections and the elections themselves were marred by serious fraud; third, that Daniel Ortega and his Sandinista party have systematically undermined the country's fragile governmental institutions''. (6) From fiscal year 2012 until present, the Department of State found that Nicaragua did not meet international standards of fiscal transparency. (7) On January 25, 2012, a press statement from Secretary of State Hillary Clinton said: ``As noted by international observers and Nicaraguan civil society groups, Nicaragua's recent elections were not conducted in a transparent and impartial manner, and the entire electoral process was marred by significant irregularities. The elections marked a setback to democracy in Nicaragua and undermined the ability of Nicaraguans to hold their government accountable.''. (8) According to the Department of State's 2015 Fiscal Transparency Report: ``Nicaragua's fiscal transparency would be improved by including all off-budget revenue and expenditure in the budget, auditing state-owned enterprises, and conducting a full audit of the government's annual financial statements and making audit reports publicly available within a reasonable period of time.''. (9) According to the Department of State's Country Reports on Human Rights Practices for 2015: ``In 2011 the Supreme Electoral Council (CSE) announced the re-election of President Daniel Ortega Saavedra of the Sandinista National Liberation Front (FSLN) in elections that international and domestic observers characterized as seriously flawed. International and domestic organizations raised concerns regarding the constitutional legitimacy of Ortega's re-election. The 2011 elections also provided the ruling party with a supermajority in the National Assembly, allowing for changes in the constitution, including extending the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. Observers noted serious flaws during the 2012 municipal elections and March 2014 regional elections.''. (10) According to the Department of State's Country Reports on Human Rights Practices for 2015 in Nicaragua: ``The principal human rights abuses were restrictions on citizens'' right to vote; obstacles to freedom of speech and press, including government intimidation and harassment of journalists and independent media, as well as increased restriction of access to public information, including national statistics from public offices; and increased government harassment and intimidation of nongovernmental organizations (NGOs) and civil society organizations. (11) The same 2015 report stated: ``Additional significant human rights abuses included considerably biased policies to promote single-party dominance; arbitrary police arrest and detention of suspects, including abuse during detention; harsh and life-threatening prison conditions with arbitrary and lengthy pretrial detention; discrimination against ethnic minorities and indigenous persons and communities.''. (12) In February 2016, the Ortega regime detained and expelled Freedom House's Latin America Director, Dr. Carlos Ponce, from Nicaragua. (13) On May 10, 2016, the Supreme Electoral Council announced and published the electoral calendar which aims to govern the electoral process. (14) After receiving the electoral calendar for the 2016 Presidential elections, the Nicaraguan political opposition raised concerns and pointed to a number of anomalies such as: the electoral calendar failed to contemplate national and international observations, failed to agree to publicly publish the precincts results of each Junta Receptora de Voto (JRV), and failed to purge the electoral registration rolls in a transparent and open manner. (15) Nicaragua's constitution mandates terms of 5 years for municipal authorities, which would indicate that the next municipal elections must occur in 2017. (16) On June 3, 2016, the Nicaraguan Supreme Court--which is controlled by Nicaragua's leader, Daniel Ortega--instructed the Supreme Electoral Council not to swear in Nicaraguan opposition members to the departmental and regional electoral councils. (17) On June 5, 2016, regarding international observers for the 2016 Presidential elections, President Ortega stated: ``Here, the observation ends. Go observe other countries . . . There will be no observation, neither from the European Union, nor the OAS . . .''. (18) On June 7, 2016, the Department of State's Bureau of Democracy, Human Rights and Labor posted on social media: ``Disappointed government of Nicaragua said it will deny electoral observers requested by Nicaraguan citizens, church, and private sector . . . We continue to encourage the government of Nicaragua to allow electoral observers as requested by Nicaraguans.''. (19) On June 8, 2016, the Supreme Electoral Council--which is controlled by Nicaragua's leader, Daniel Ortega--announced a ruling, which changed the leadership structure of the opposition party and in practice allegedly barred all existing opposition candidates from running for office. (20) On June 14, 2016, President Ortega expelled three United States Government officials (two officials from U.S. Customs and Border Protection and one professor from the National Defense University) from Nicaragua. (21) On June 29, 2016, the Department of State issued a Nicaragua Travel Alert which stated: ``The Department of State alerts U.S. citizens about increased government scrutiny of foreigners' activities, new requirements for volunteer groups, and the potential for demonstrations during the upcoming election season in Nicaragua . . . Nicaraguan authorities have denied entry to, detained, questioned, or expelled foreigners, including United States Government officials, academics, NGO workers, and journalists, for discussions, written reports or articles, photographs, and/or videos related to these topics. Authorities may monitor and question private United States citizens concerning their activities, including contact with Nicaraguan citizens.''. (22) On August 1, 2016, the Department of State issued a press release to express grave concern over the Nicaraguan government limiting democratic space leading up to the elections in November and stated that ``[o]n June 8, the Nicaraguan Supreme Court stripped the opposition Independent Liberal Party (PLI) from its long recognized leader. The Supreme Court took similar action on June 17 when it invalidated the leadership of the Citizen Action Party, the only remaining opposition party with the legal standing to present a presidential candidate. Most recently, on July 29, the Supreme Electoral Council removed 28 PLI national assembly members (16 seated and 12 alternates) from their popularly- elected positions.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support-- (1) the rule of law and an independent judiciary and electoral council in Nicaragua; (2) independent pro-democracy organizations in Nicaragua; and (3) free, fair, and transparent elections under international and domestic observers in Nicaragua in 2016 and 2017. SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS. (a) In General.--The President shall instruct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose any loan for the benefit of the Government of Nicaragua, other than to address basic human needs or promote democracy, unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Nicaragua is taking effective steps to-- (1) hold free, fair, and transparent elections overseen by credible domestic and international electoral observers; (2) promote democracy, as well as an independent judicial system and electoral council; (3) strengthen the rule of law; and (4) respect the right to freedom of association and expression. (b) Report.--The Secretary of the Treasury shall submit to the appropriate congressional committees a written report assessing-- (1) the effectiveness of the international financial institutions in enforcing applicable program safeguards in Nicaragua; and (2) the effects of the matters described in section 2 on long-term prospects for positive development outcomes in Nicaragua. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) International financial institution.--The term ``international financial institution'' means the International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank, Bank for Economic Cooperation and Development in the Middle East and North Africa, and Inter-American Investment Corporation. (d) Termination.--This section shall terminate on the day after the earlier of-- (1) the date on which the Secretary of State certifies and reports to the appropriate congressional committees that the requirements of subsection (a) are met; or (2) 5 years after the date of the enactment of this Act. (e) Waiver.--The President may waive this section if the President determines that such a waiver is in the national interest of the United States. SEC. 5. ORGANIZATION OF AMERICAN STATES. (a) Findings.--Congress finds that, according to the Organization of American States (OAS) report on the Nicaraguan 2011 Presidential elections, Nicaragua: Final Report, General Elections, OAS (2011), the OAS made the following recommendations to the Government of Nicaragua: (1) ``Prepare alternative procedures for updating the electoral roll when a registered voter dies.''. (2) ``Publish the electoral roll so that new additions, changes of address and exclusions can be checked.''. (3) ``Reform the mechanism for accreditation of poll watchers using a formula that ensures that the political parties will have greater autonomy to accredit their respective poll watchers.''. (4) ``Institute regulations to ensure that party poll watchers are involved in all areas of the electoral structure, including the departmental, regional and municipal electoral councils and polling stations. Rules should be crafted to spell out their authorities and functions and the means by which they can exercise their authority and perform their functions.''. (5) ``Redesign the CSE administrative structure at the central and field levels, while standardizing technical and operational procedures, including the design of control mechanisms from the time registration to the delivery of the document to the citizens; the process of issuing identity cards should be timed to the calendar and, to avoid congestion within the process, be evenly spaced.''. (b) Electoral Observation Mission.--The President shall direct the United States Permanent Representative to the Organization of American States (OAS) to use the voice, vote, and influence of the United States at the OAS to strongly advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017. SEC. 6. STATEMENT OF POLICY. The Department of State and the United States Agency for International Development should prioritize foreign assistance to the people of Nicaragua to assist civil society in democracy and governance programs, including human rights documentation. SEC. 7. REPORT ON CORRUPTION IN NICARAGUA. (a) Report Requirement.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), shall submit to Congress a report on the involvement of senior Nicaraguan government officials, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in acts of public corruption or human rights violations in Nicaragua. (b) Form.--The report required in subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be made available to the public. Passed the House of Representatives September 21, 2016. Attest: KAREN L. HAAS, Clerk.

Nicaraguan Investment Conditionality Act (NICA) of 2016 (Sec. 3) This bill states that is U.S. policy to support: (1) the rule of law and an independent judiciary and electoral council in Nicaragua; (2) independent pro-democracy organizations in Nicaragua; and (3) free, fair, and transparent elections under international and domestic observers in Nicaragua in 2016 and 2017. (Sec. 4) The President shall instruct the U.S. executive director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: (1) hold elections overseen by credible domestic and international electoral observers, (2) promote democracy and an independent judiciary system and electoral council, (3) strengthen the rule of law, and (4) respect the right to freedom of association and expression. The Department of the Treasury shall submit a report assessing: (1) the effectiveness of international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified election and fiscal transparency matters in Nicaragua on long-term prospects for positive development outcomes there. (Sec. 5) The President shall direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017. (Sec. 6) The bill provides that Department of State and the U.S. Agency for International Development should prioritize foreign assistance to the people of Nicaragua to assist civil society in democracy and governance programs, including human rights documentation. (Sec. 7) The State Department shall report on the involvement of senior Nicaraguan government officials, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in acts of public corruption or human rights violations in Nicaragua.

Nicaraguan Investment Conditionality Act (NICA) of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Integrity Protection Act of 2006''. SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR CASTING BALLOT. (a) In General.--Section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e); and (2) by inserting after subsection (b) the following new subsection: ``(c) Requiring Proof of Citizenship at Polling Place.-- ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a photographic copy of any document which provides proof that the individual is a citizen of the United States. ``(2) Individuals voting by mail.--Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a photographic copy of any document which provides proof that the individual is a citizen of the United States. ``(3) Exception for individuals with proof of citizenship on file with election official.--Paragraphs (1) and (2) shall not apply in the case of an individual who, at the time the individual applied to register to vote in Federal elections in the State involved, provided the appropriate State election official with a photographic copy of a document which provided proof that the individual is a citizen of the United States. ``(4) Treatment of driver's licenses.--For purposes of this subsection, a motor vehicle driver's license shall not be treated as a document which provides proof that the individual to whom the license is issued is a citizen of the United States unless the State issuing the license required the individual to provide proof of the individual's United States citizenship as a condition of receiving the license.''. (b) Conforming Amendment.--Section 303 of such Act (42 U.S.C. 15483) is amended in the heading by striking ``for voters who register by mail'' and inserting ``for preventing voting fraud''. (c) 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 and requirements for preventing voting fraud.''. (d) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (a)(1), is amended by adding at the end the following new paragraph: ``(3) Proof of citizenship.--Subsection (c) shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''. SEC. 3. REQUIRING PHOTO IDENTIFICATION. (a) Requirement.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (A) by redesignating sections 304 and 305 as sections 305 and 306; and (B) by inserting after section 303 the following new section: ``SEC. 304. REQUIRING VOTERS TO PRESENT PHOTO IDENTIFICATION. ``(a) In General.--Notwithstanding section 303(b), each State shall require any individual who desires to cast a ballot in an election for Federal office-- ``(1) in the case of an individual voting in person, to present to the appropriate election official a current valid photo identification which is issued by a governmental entity; or ``(2) in the case of an individual voting by mail, to submit with the ballot a copy of a current valid photo identification which is issued by a governmental entity. ``(b) Making Photo Identifications Available at No Cost for Purposes of Casting Ballots in Elections.-- ``(1) In general.--Each State shall establish a program to provide photo identifications which may be used to meet the requirements of subsection (a) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification, at no cost to the individual. ``(2) Identifications not to be used for other purposes.-- Any photo identification provided under the program established under paragraph (1) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections. ``(c) Effective Date.--Each State shall be required to comply with the requirements of this section (a) with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''. (2) Conforming amendments.-- (A) Effect on current requirements.--Section 303(b)(1) of such Act (42 U.S.C. 15483(b)(1)) is amended by striking ``paragraph (3)'' and inserting ``paragraph (3) and section 304''. (B) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 304''. (3) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (B) by inserting after the item relating to section 303 the following: ``Sec. 304. Requiring voters to present photo identification.''. (b) Payments to States To Cover Costs of Making Photo Identifications Available.-- (1) In general.--Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS ``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO IDENTIFICATIONS FOR VOTING. ``(a) Payments to States.--The Commission shall make payments each year to reimburse the States for the costs incurred in providing photo identifications under the program established under section 304(b)(1). ``(b) Amount of Payment.--The amount of the payment made to a State under this part for any year shall be equal to the amount expended by the State during the year in carrying out the program established under section 304(b)(1), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2008 and each succeeding fiscal year.''. (2) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following: ``Part 7--Payments To Cover Costs of Providing Photo Identifications ``Sec. 297. Payments to cover costs to States of providing photo identifications for voting. ``Sec. 297A. Authorization of appropriations.''. SEC. 4. WITHHOLDING OF HIGHWAY FUNDS. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. Requirements for preventing voting fraud ``(a) Withholding of Apportionments for Noncompliance.--On October 1, 2008, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) the following percentage of such amounts: ``(1) For fiscal year 2009, 10 percent. ``(2) For fiscal year 2010, 20 percent. ``(3) For fiscal year 2011, 30 percent. ``(4) For fiscal year 2012, and each fiscal year thereafter, 40 percent. ``(b) Requirement.--A State meets the requirements of this subsection if the State has enacted and is enforcing, as determined by the Election Assistance Commission, a law that complies with the requirements of sections 303(c) and 304 of the Help America Vote Act of 2002 (42 U.S.C. 15483(c) and 42 U.S.C. 15484). ``(c) Period of Availability; Effect of Compliance and Noncompliance.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the State meets the requirements of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, the State does not meet the requirements of subsection (b), any amounts so withheld from the State shall lapse.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. Requirements for preventing voting fraud.''.

Voter Integrity Protection Act of 2006 - Amends the Help America Vote Act of 2002 to require an individual to present proof of U.S. citizenship and a government-issued photo identification as a condition of casting a ballot in a federal election. Requires states also to require voters to present photo identification in a federal election. Requires each state to establish a program to provide free photo identification to eligible voters in elections held in the state who do not otherwise possess a government-issued photo identification. Directs the Election Assistance Commission to make payments to states to cover costs of making such photo identifications available. Amends federal highway law to require the withholding of highway funds from any state not in compliance with the requirements of this Act.

To amend the Help America Vote Act of 2002 to require an individual to provide proof that the individual is a citizen of the United States and to present a government-issued photo identification as a condition of casting a ballot in an election for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Tax Credit Act of 2009''. SEC. 2. REFUNDABLE CREDIT FOR HIGHER EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Credit.--In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 100 percent of so much of the higher education expenses paid by the taxpayer during the taxable year (with respect to attendance of the eligible student at an eligible educational institution during any academic period beginning in such taxable year) as does not exceed $4,000. ``(b) Limitations.-- ``(1) Higher education expense limitation.--The amount of higher education expenses taken into account under subsection (a) with respect to an individual for an academic period shall not exceed the individual's cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) for such period at the eligible educational institution with respect to which such higher education expenses were paid. ``(2) Lifetime credit limitation.--The amount of the credit allowed under subsection (a) for any taxable year with respect to any eligible student shall not exceed the excess of-- ``(A) $28,000, over ``(B) the aggregate credit allowed under subsection (a) with respect to such eligible student for all prior taxable years. ``(c) Definitions.--For purposes of this subsection-- ``(1) Eligible student.--The term `eligible student' means, with respect to any academic period, any individual who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997. ``(2) Higher education expense.--The term `higher education expense' means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) of-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution with respect to the attendance of such individual at such institution for the academic period for which the credit under this section is being determined. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name and taxpayer identification number of such student on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships.--The amount of higher education expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Coordination with section 25a.--The amount of higher education expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the amount of such expenses which are taken into account in determining the credit under section 25A. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) higher education expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(5) Treatment of certain prepayments.--If higher education expense is paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(6) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Community Service Requirement.-- ``(1) In general.--No credit shall be allowed under this section for any taxable year with respect to the higher education expenses of a student unless the student satisfies the community service requirement of paragraph (2) for such year. The community service requirement of paragraph (2) shall be treated as satisfied only if such service is verified under regulations prescribed by the Secretary of Education. ``(2) Requirement.--The community service requirement of this paragraph is satisfied for any taxable year only if the student completes at least 100 hours of volunteer service during such year for-- ``(A) a governmental unit, ``(B) a hospital, or ``(C) an organization described in section 501(c)(3) and exempt from tax under section 501(a). For purposes of the preceding sentence, service shall not fail to be treated as volunteer service by reason of receiving a stipend for living expenses, but only if the aggregate stipends for the year does not exceed $600. ``(3) Exception for death or disability.--Paragraph (1) shall not apply if the failure to meet the community service requirement of paragraph (2) is by reason of the death or disability of the student. ``(f) Credit Paid Directly to Educational Institution.--The Secretary of Education shall prescribe regulations under which-- ``(1) a taxpayer may certify, before making payment of a higher education expense to an eligible educational institution, that the taxpayer reasonably believes that credit would be allowed under this section for such payment were it made, ``(2) the amount of credit, were such payment made, shall be paid to such institution and treated as payment of such expense, and ``(3) amounts paid under this subsection in excess of the proper amount of credit are recaptured from the taxpayer. ``(g) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the higher education expenses of an individual for any taxable year. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Higher education expenses.''. (c) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2009, for education furnished in academic periods beginning after such date.

American Opportunity Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow a refundable tax credit for higher education expenses up to $4,000.

To amend the Internal Revenue Code of 1986 to allow individuals a refundable credit for higher education expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Peak Wilderness Act of 1999''. SEC. 2. DESIGNATION OF JAMES PEAK WILDERNESS, COLORADO. (a) Inclusion With Other Colorado Wilderness Areas.--Section 2(a) of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 756) is amended by adding at the end the following new paragraph: ``(20) Certain lands in the Arapaho National Forest which comprise approximately 22,000 acres, as generally depicted on a map entitled `Proposed James Peak Wilderness', dated June 1999 and which shall be known as the James Peak Wilderness.''. (b) Map and Boundary Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and a boundary description of the James Peak Wilderness. The map and boundary description shall have the same force and effect as if included in the Colorado Wilderness Act of 1993, except that the Secretary may correct clerical and typographical errors in the map and boundary descriptions. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. SEC. 3. INHOLDINGS IN JAMES PEAK WILDERNESS. (a) State Land Board Lands.--If the Colorado State Land Board informs the Secretary of Agriculture that the Board is willing to transfer to the United States some or all of the lands owned by the Board located within the James Peak Wilderness in the Arapaho National Forest, Colorado, the Secretary shall promptly seek to reach agreement with the Board regarding terms and conditions for acquisition of the lands by the United States by purchase or exchange. (b) Jim Creek Inholding.--The Secretary of Agriculture shall enter into negotiations with the owner of lands located within the portion of the Jim Creek drainage within the James Peak Wilderness for the purpose of acquiring the lands by purchase or exchange. (c) Report.--Upon conclusion of an agreement for acquisition by the United States of lands referred to in subsection (a) or (b), or one year after the date of enactment of this Act, whichever occurs first, the Secretary of Agriculture shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report concerning any such agreement or the status of negotiations pursuant to such subsections. The report shall indicate to what extent funds are available to the Secretary as of the date of the report for the acquisition of the lands and whether additional funds need to be appropriated or otherwise made available to the Secretary for such purpose. SEC. 4. ALICE TOWNSHIP AND ST. MARY'S GLACIER, COLORADO. (a) Services and Facilities.--Following the consultation required by subsection (c), the Forest Supervisor of the Arapaho and Roosevelt National Forests in the State of Colorado (in this section referred to as the ``Forest Supervisor'') shall establish a trailhead and corresponding facilities and services to regulate use of National Forest System lands adjacent to Alice Township and St. Mary's Glacier in the State of Colorado. The facilities and services shall include, but are not limited to, the following: (1) Trailhead parking. (2) Public restroom accommodations. (3) Trailhead and trail maintenance. (b) Personnel.--The Forest Supervisor shall assign Forest Service personnel to provide appropriate management and oversight of the area described in subsection (a). (c) Consultation.--The Forest Supervisor shall consult with the Clear Creek County Commissioners and residents in the immediate vicinity of Alice Township and St. Mary's Glacier regarding the appropriate location of facilities and services in the area described in subsection (a). This consultation should include any other appropriate measures that may be needed in this area to provide access by emergency or law enforcement vehicles or that is necessary for public health or that impede access by local residents. (d) Report.--After the consultation required by subsection (b), the Forest Supervisor shall submit to the Committee on Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report regarding the amount of any additional funding required to implement appropriate measures to provide the facilities and services specified in subsections (a), (b), and (c). SEC. 5. POTENTIAL WILDERNESS LANDS. (a) Definition.--In this section, the term ``potential wilderness lands'' means lands that are identified as ``potential wilderness'' on the map referred to in paragraph (20) of section 2(a) of the Colorado Wilderness Act of 1993, as added by section 2(a) of this Act, designating the James Peak Wilderness in the Arapaho National Forest, Colorado. (b) Management.--Potential wilderness lands shall be managed as components of the National Wilderness Preservation System upon publication in the Federal Register of a notice by the Secretary of Agriculture that all structures on the lands have been removed and all uses of the lands inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased. (c) Removal of Radio Tower.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall remove the abandoned radio tower and associated structures located on Mount Eva on the potential wilderness lands.

James Peak Wilderness Act of 1999 - Amends the Colorado Wilderness Act of 1993 to designate specified lands in the Arapaho National Forest as the James Peak Wilderness. Directs the Secretary of Agriculture: (1) if the Colorado State Land Board informs the Secretary that it is willing to transfer to the United States some or all of the lands owned by the Board within the Wilderness, to promptly seek to reach agreement with the Board regarding terms and conditions for acquisition of such lands; (2) to enter into negotiations with the owner of lands located within the portion of the Jim Creek drainage within the Wilderness for the purpose of acquiring such lands; and (3) to report to specified House and Senate Committees upon the conclusion of an agreement for acquisition of such lands or, after one year after this Act's enactment date, on the status of negotiations. Directs the Forest Supervisor of the Arapaho and Roosevelt National Forests to: (1) establish a trailhead and corresponding facilities and services to regulate use of National Forest System lands adjacent to Alice Township and St. Mary's Glacier; (2) consult with the Clear Creek County Commissioners and residents in the immediate vicinity regarding the location of such facilities and services; and (3) inform specified House and Senate Committees regarding the amount of any additional funding required to implement such measures. Directs the Secretary to remove the abandoned radio tower and associated structures located on Mount Eva on the potential wilderness lands.

James Peak Wilderness Act of 1999

SECTION 1. FINDINGS. The Congress makes the following findings: (1) The United States has invested $6,500,000,000 in military infrastructure in North Atlantic Treaty Organization (NATO) countries. (2) As part of an overall plan to reduce United States troop strength in Europe from 323,432 in 1987 to 100,000 by the end of 1996, the Department of Defense plans to close or reduce United States military presence at 867 military sites overseas. (3) Most of the overseas military sites announced for closure are in Europe where the United States has already closed 434 such sites. (4) When the United States closes military sites in Europe, the United States brings the military personnel home but leaves buildings, roads, sewers, and other real property improvements behind. (5) Through a series of so-called ``residual value'' agreements, some allies have agreed to pay the United States for the value of the real property improvements left behind. (6) Although the United States military drawdown has been rapid since 1990, European allies have been slow to pay the United States the residual value of the sites released by the United States. (7) As of 1994, the United States has recouped only $33,300,000 in cash, and most of that was recovered in 1989. (8) Although the United States has released to Germany over 60 percent of the military sites planned for closure by the United States in that country and the current value of United States facilities to be returned to the German government is estimated at approximately $2,700,000,000, the German government has budgeted only $25,000,000 for fiscal year 1994 for payment of compensation for the United States investment in such improvements. SEC. 2. POLICY. It is the sense of Congress that-- (1) the President should redouble efforts to recover the value of the United States investment in the military infrastructure of NATO countries; (2) the President should enter into negotiations with the government of each NATO host country with a presumption that payments to compensate the United States for the fair market value of improvements will be made in cash and deposited in the Department of Defense Overseas Military Facility Investment Recovery Account; (3) the President should enter into negotiations for payments-in-kind only as a last resort and only after informing the Congress that negotiations for cash payments have not been successful; and (4) to the extent that in-kind contributions are received in lieu of cash payments in any fiscal year, the in-kind contributions should directly offset costs that would otherwise be incurred by the Department of Defense for overseas base support that has been approved by Congress or for overseas base support requested by the President in the budget submitted to Congress for the succeeding fiscal year. SEC. 3. REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS IN KIND. (a) Requirement for Justification for Negotiations for Payments-in- Kind.--Subsection (e) of section 2921 of the National Defense Authorization Act for Fiscal Year 1992 (10 U.S.C. 2687 note) is amended-- (1) by inserting ``(1)'' after ``Negotiations for Payments- in-Kind.--''; (2) by striking out ``a written notice'' and all that follows and inserting in lieu thereof ``to the congressional defense committees (and one additional copy to each of the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives) a written notice regarding the intended negotiations.''; and (3) by adding at the end the following new paragraph: ``(2) The notice shall contain the following: ``(A) A justification for entering into negotiations for payments-in-kind with the host country. ``(B) The types of benefit options to be pursued by the Secretary in the negotiations. ``(C) The specific overseas base support activities (for which funding has either previously been approved by Congress or requested in the latest budget transmitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code) that could be curtailed, eliminated, terminated, or withdrawn to reduce the amount of United States overseas base support spending by an amount not less that the fair market value of the improvements to be released to the host country in exchange for the payments-in-kind.''. (b) Deficit Reduction Through Payments-in-Kind.--Such section is amended by adding at the end the following new subsection: ``(h) Deficit Reduction Through Payments-in-Kind.--(1)(A) Not less than 30 days before the Secretary of Defense enters into an agreement with a host country to accept from the host country any improvement as a payment-in-kind, the President shall-- ``(i) submit to Congress a request for rescission of appropriations for overseas base support; ``(ii) submit to Congress a message recommending a reduction in the request for appropriations for overseas base support that is set forth in the budget transmitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year that begins in the year that the President submits the message to Congress; or ``(iii) a combination of actions under clauses (i) and (ii). ``(B) The total amount of the reductions proposed to be achieved in the proposed actions submitted pursuant to subparagraph (A) in the case of a payment-in-kind of a host country may not be less than the fair market value of the improvements to be released to the host country in exchange for such payment-in-kind. ``(2) The Secretary of Defense may not accept as a payment-in-kind any improvements to real property that, if undertaken to be made by the Department of Defense, would be subject to-- ``(A) the requirement for authorization of appropriations for military construction set forth in section 114(a)(6) of title 10, United States Code, and ``(B) the requirement set forth in section 2802 of such title, relating to authorization of military construction projects by law, unless such improvements comprise a military construction project that is authorized by law.''. (c) Overseas Base Support Defined.--Such section, as amended by subsection (b), is further amended by adding at the end the following new subsection: ``(i) Overseas Base Support Defined.--In subsections (e) and (h), the term `overseas base support' means-- ``(1) military construction (as defined in section 114(b) of title 10, United States Code) outside the United States; ``(2) maintenance of real property outside the United States for the Department of Defense; and ``(3) contributions for the North Atlantic Treaty Organization Infrastructure Program as provided in section 2806 of title 10, United States Code.''.

Expresses the sense of the Congress that the President should intensify his efforts to recover from governments of North Atlantic Treaty Organization (NATO) countries the value of improvements (buildings, roads, etc.) made to U.S. military installations in such countries which are closed and turned over to such countries due to U.S. defense spending reductions. Amends the National Defense Authorization Act for Fiscal Year 1992 to require the President, before entering into negotiations with such countries for payments-in-kind for the value of such improvements, to provide written notice of such intentions to the defense subcommittees of the Senate and House Appropriations Committees. (Currently, only notice to the congressional defense committees is required.) Increases the required contents of such notice. Directs the President, prior to such an agreement being entered into by the Secretary of Defense, to: (1) submit to the Congress a request for rescission of appropriations for overseas base support with respect to such installation; (2) recommend to the Congress a reduction in the request for overseas base support in the amount of the value of the improvements; or (3) a combination of the above actions. Requires the total amount of reductions to be no less than the fair market value of the improvements to be released to the host country. Provides limitations to the Secretary in accepting payments-in-kind under this Act.

A bill to ensure effective Congressional oversight of overseas military base support carried out by NATO host countries for the United Sates as payments-in-kind for release of United States overseas military facilities to such countries and to reduce the deficit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Imaging Modernization Act of 2015''. SEC. 2. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY AND OTHER MEDICARE IMAGING PAYMENT PROVISION. (a) Physician Fee Schedule.-- (1) Payment incentive for transition.-- (A) In general.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following new paragraph: ``(9) Special rule to incentivize transition from traditional x-ray imaging to digital radiography.-- ``(A) Limitation on payment for film x-ray imaging services.--In the case of imaging services that are X- rays taken using film and that are furnished during 2017 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 20 percent. ``(B) Phased-in limitation on payment for computed radiography imaging services.--In the case of imaging services that are X-rays taken using computed radiography technology-- ``(i) in the case of such services furnished during 2018, 2019, 2020, 2021, or 2022 the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 7 percent; and ``(ii) in the case of such services furnished during 2023 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 10 percent. ``(C) Computed radiography technology defined.--For purposes of this paragraph, the term `computed radiography technology' means cassette-based imaging which utilizes an imaging plate to create the image involved. ``(D) Implementation.--In order to implement this paragraph, the Secretary shall adopt appropriate mechanisms which may include use of modifiers.''. (B) Exemption from budget neutrality.--Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)(B)(v)) is amended, by adding at the end the following new subclause: ``(X) Reduced expenditures attributable to incentives to transition to digital radiography.-- Effective for fee schedules established beginning with 2017, reduced expenditures attributable to subparagraph (A) of subsection (b)(9) and effective for fee schedules established beginning with 2018, reduced expenditures attributable to subparagraph (B) of such subsection.''. (2) Elimination of application of multiple procedure payment reduction.--Section 1848(b)(4) of the Social Security Act (42 U.S.C. 1395w-4(b)(4)) is amended by adding at the end the following new subparagraph: ``(E) Elimination of application of multiple procedure payment reduction.-- ``(i) In general.--Not later than January 1, 2016, the Secretary shall not apply a multiple procedure payment reduction policy to the professional component of imaging services furnished in any subsequent year that is prior to a year in which the Secretary conducts and publishes, as part of the Medicare Physician Fee Schedule Proposed Rule for a year, the empirical analysis described in clause (ii). ``(ii) Empirical analysis described.--The empirical analysis described in this clause is an analysis of the Resource-Based Relative Value Scale (commonly known as the `RBRVS') Data Manager information that is used to determine what, if any, efficiencies exist within the professional component of imaging services when two or more studies are performed on the same patient on the same day. Such empirical analysis shall include-- ``(I) work sheets and other information detailing which physician work activities performed given the typical vignettes were assigned reduction percentages of 0, 25, 50, 75 and 100 percent; ``(II) a discussion of the clinical aspects that informed the assignment of the reduction percentages described in subclause (I); ``(III) an explanation of how the percentage reductions for pre-, intra and post-service work were determined and calculated; and ``(IV) a demonstration that the Centers for Medicare & Medicaid Services has consulted with practicing radiologists to gain knowledge of how radiologists interpret studies of multiple body parts on the same individual on the same day.''. (b) Payment Incentive for Transition Under Hospital Outpatient Prospective Payment System.--Section 1833(t)(16) of the Social Security Act (42 U.S.C. 1395(t)(16)) is amended by adding at the end the following new subparagraph: ``(F) Payment incentive for the transition from traditional x-ray imaging to digital radiography.-- Notwithstanding the previous provisions of this subsection: ``(i) Limitation on payment for film x-ray imaging services.--In the case of imaging services that are X-rays taken using film and that are furnished during 2017 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 20 percent. ``(ii) Phased-in limitation on payment for computed radiography imaging services.--In the case of imaging services that are X-rays taken using computed radiography technology (as defined in section 1848(b)(9)(C))-- ``(I) in the case of such services furnished during 2018, 2019, 2020, 2021, or 2022 the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 7 percent; and ``(II) in the case of such services furnished during 2023 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global fee) of such services that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 10 percent. ``(iii) Application without regard to budget neutrality.--The reductions made under this paragraph-- ``(I) shall not be considered an adjustment under paragraph (2)(E); and ``(II) shall not be implemented in a budget neutral manner.''.

Medical Imaging Modernization Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to make a special rule reducing by 20% the payment under the physician fee schedule and the hospital outpatient prospective payment system for the technical component of imaging services that are x-rays taken using film. Imaging services that are x-rays taken using computed radiography technology shall have the technical component payment: (1) for services furnished from 2018 through 2022 reduced by 7%; and (2) for services furnished during 2023 or a subsequent year reduced by 10%. Reduced expenditures attributable to incentives to transition to digital radiography under the physician fee schedule are exempt from budget-neutrality calculation. The Department of Health and Human Services may not apply a multiple procedure payment reduction to the professional component of imaging services furnished before it publishes, as part of the Medicare Physician Fee Schedule Proposed Rule for a year, a empirical analysis of the Resource-Based Relative Value Scale (commonly known as the "RBRVS") Data Manager information used to determine what, if any, efficiencies exist within the professional component of imaging services when two or more studies are performed on the same patient on the same day. These payment reductions under the hospital outpatient prospective payment system for the transition from traditional x-ray imaging to digital radiography shall apply without regard to budget neutrality.

Medical Imaging Modernization Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be referred to as the ``Chimney Rock National Monument Act of 2010''. (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. Definitions. Sec. 4. Establishment of Chimney Rock National Monument. Sec. 5. Limitations on effect and scope of Act. Sec. 6. Management and use of National Monument. Sec. 7. Development of management plan. Sec. 8. Acquisition of land. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) Chimney Rock in Southwestern Colorado contains nationally significant archeological, geologic, biological, cultural, educational, recreational, visual, and scenic value. (2) The unique, thousand-year-old Ancestral Puebloan community located beneath the prominent Chimney Rock Pinnacles, with its dramatic 360 degree view of the surrounding landscape, provides an outstanding opportunity to enhance understanding and appreciation of the prehistory of North America and the accomplishments of Native American cultures during that period. (3) The Chimney Rock Ancestral Puebloan community is one of the largest Pueblo II period (900-1150 AD) communities in southwestern Colorado and one of the finest examples of a Chacoan system ``Outlier''. The Chacoan system was a complex system of interdependent communities bound by economic, social, political, and religious relationships. Chimney Rock contains many outstanding hallmarks of the Chacoan system and significant archeological resources of other periods. (4) The design of the Chimney Rock Ancestral Puebloan community incorporates Ancestral Puebloan knowledge of astronomy. The twin Chimney Rock Pinnacles, for example, appear to have served as a frame for viewing astronomical alignments. (5) Ancestral Puebloan culture is part of the heritage of many Southwestern Indian cultures, and has influenced the culture, art and architecture of the Western United States. (6) The Chimney Rock Ancestral Puebloan community has special value for the Puebloan and Tribal people of today. (7) Chimney Rock provides a dramatic record of geological and astronomical time. (8) Chimney Rock is a natural laboratory that provides exceptional opportunities for scientific study in the fields of geology, ecology, prehistoric archeology, and the ways in which they interrelate. (9) Chimney Rock provides abundant opportunities to enhance the understanding and appreciation by the public of the achievements and ways of life of the Ancestral Puebloans, in a rugged and spectacular landscape. (10) Chimney Rock has long been maintained through community care and management. Volunteers and volunteer organizations have provided outstanding educational and interpretive programs and site stewardship, and have encouraged academic scientific investigation. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Secretary'' means the Secretary of Agriculture; and (2) the term ``National Monument'' means the Chimney Rock National Monument. SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT. (a) Establishment.--In order to preserve, protect, and restore the archeological, anthropological, geologic, hydrologic, biological, visual, and scenic resources of Chimney Rock, and to enable the public (to the extent consistent with the preceding purposes) to fully realize the scientific, cultural, educational, recreational, visual, and scenic value of those resources, there is hereby designated the Chimney Rock National Monument. (b) Lands and Interests in Land Included in National Monument.-- (1) Lands and interests in land within certain boundaries.--The National Monument shall consist of all Federal lands and interests in lands located within its boundaries. The boundaries of the National Monument shall be the boundaries depicted on the map entitled ``Boundary Map, Chimney Rock National Monument'', dated November 24, 2009, as adjusted pursuant to paragraph (2). (2) Adjustment of boundaries.-- (A) Inclusion of archeological resources.--The Secretary may make minor adjustments to the boundaries of the National Monument to include significant archeological resources discovered on public land adjacent to the National Monument after the date of the enactment of this Act. (B) Inclusion of acquired lands and interests.--The Secretary shall adjust the boundaries of the National Monument to include any land or interest in land acquired under section 8. (3) Legal descriptions and map.-- (A) Preparation and submission of legal descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall use the map referred to in paragraph (1) to prepare legal descriptions of the boundaries of the National Monument. The Secretary shall submit the legal descriptions to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (B) Availability of map for public inspection.--The Secretary shall make the map referred to in paragraph (1) available for public inspection in appropriate offices of the United States Forest Service. (C) Correction of clerical and typographical errors.--The Secretary may correct clerical and typographical errors in the legal descriptions and map referred to in subparagraph (A) and paragraph (1), respectively. (c) Designation of Manager.--The Secretary shall designate an individual as manager of the National Monument as soon as practicable after development of the management plan under section 7(a). SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT. (a) No Interference With Property Rights.--No provision of this Act shall interfere with the following: (1) The property rights of any Indian reservation. (2) Property rights in any individually held trust lands or other Indian allotments. (3) Any interest in land held by the State of Colorado or by any political subdivision or special district of the State of Colorado. (4) Any private property rights in property adjacent to the National Monument. (5) The fish and wildlife rights of the State of Colorado or any tribal government. (b) Scope of Act.--No provision of this Act-- (1) grants the Secretary new authority over non-Federal lands; or (2) creates any Federal reserved water rights. SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT. (a) Management and Authorization of Uses.--The Secretary shall manage and authorize uses of the National Monument (including any use under subsection (c)) as a unit of the San Juan National Forest in conformance with the following: (1) The purposes described in section 4(a). (2) The management plan developed under section 7(a). (3) Public Law 96-550 (16 U.S.C. 410ii et seq.). (4) The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). (5) The policy expressed in the American Indian Religious Freedom Act (42 U.S.C. 1996). (6) Treaties providing for nonexclusive access to the National Monument by Indians for traditional and cultural purposes. (b) Vegetation Management.--The Secretary may carry out vegetative management treatments within the National Monument, except that timber harvest and the use of prescribed fire may only be used when the Secretary determines it necessary to address the risk of wildfire, insects, or diseases that would endanger the National Monument or imperil public safety. (c) Authorized Uses.--All uses of the National Monument other than those authorized by the Secretary shall be prohibited. Authorized uses of the National Monument may include the following: (1) Construction of a visitor's center and related exhibit and curatorial facilities to interpret the scientific and cultural resources of the National Monument for the benefit of the general public. (2) Scientific research (including archeological research) and educational and interpretive uses. (3) Acquisition, consolidation, and display of artifacts found within the National Monument. (4) The recreational and administrative use of mountain bikes and motorized vehicles. (5) Installation, construction, and maintenance of a public utility right of way within the National Monument for a purpose described in section 4(a) if the Secretary determines that-- (A) there is no route outside of the National Monument that will accomplish the purpose; or (B) the right of way will be located along a State highway crossing the National Monument. (6) Grazing uses, through issuance and administration by the Secretary of grazing leases or permits. (d) Prohibition on Entry, Appropriation, Disposal, and Other Uses.--The Federal lands and interests in lands located within the boundaries of the National Monument are hereby withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN. (a) Requirement.--Not later than 3 years after the date of the enactment of this Act, the Secretary, in consultation with Indian tribes with a cultural or historic tie to the National Monument, shall develop a management plan for the management and authorization of uses of the National Monument under section 4(a). (b) Opportunity for Comment.--In developing the management plan, the Secretary shall provide an opportunity for comment to local governments, tribal governments, the State of Colorado, and other local, State, and national organizations with an interest in the management and use of the National Monument. (c) Contents.--The management plan shall-- (1) identify authorized uses for the National Monument; (2) provide for the continued use of the National Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials; (3) specify permitted uses of artifacts, including whether certain artifacts may be displayed for educational purposes; (4) identify visitor carrying capacities; and (5) designate roads and trails for public and administrative use. SEC. 8. ACQUISITION OF LAND. The Secretary may acquire State, local government, tribal, and privately held land or interests in land, including conservation easements, contiguous to the boundaries of the National Monument, for inclusion in the National Monument only by-- (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Chimney Rock National Monument Act of 2010 - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the archeological, anthropological, geological, hydrologic, biological, visual, and scenic resources of Chimney Rock. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument for the inclusion of significant archaeological resources discovered on adjacent public land. Requires management of, and authorizes use of, the Monument as a unit of San Juan National Forest. Authorizes the Secretary to carry out vegetative management treatments within the Monument, with the exception of timber harvesting and the use of prescribed fire, which may only be used when necessary to address the risk of wildfire, insects, or diseases. Prohibits uses of the Monument other than those authorized by the Secretary. Includes as authorized uses: (1) construction of a visitor's center and related exhibit and curatorial facilities to interpret the Monument's scientific and cultural resources; (2) scientific research (including archaeological research) and educational and interpretive uses; (3) acquisition and display of artifacts; (4) recreational use of mountain bikes and motorized vehicles; (5) installation and maintenance of a certain public utility right of way; and (6) grazing uses. Requires the Secretary to develop a management plan for the Monument, which shall include: (1) providing for the continued use of the Monument by Indian tribes for traditional ceremonies and as a source for traditional plants and other materials; and (2) specifying permitted uses of artifacts.

To establish the Chimney Rock National Monument in the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Control Service Improvement Act of 1994''. TITLE I--UNITED STATES AIR TRAFFIC SERVICE CORPORATION SEC. 101. ESTABLISHMENT OF CORPORATION. (a) In General.--There is established a wholly owned Government corporation, to be known as the ``United States Air Traffic Service Corporation'', to operate the air traffic control system of the United States after the completion of transfers of air traffic control facilities and equipment under section 201. (b) Limitations.--The Corporation-- (1) except as provided in subsection (c), shall not be an agency or establishment of the United States Government; (2) shall have its principal office in the District of Columbia and is deemed to be a resident thereof; (3) to the extent consistent with this Act, shall be subject to the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-301 et seq.); (4) shall be subject to safety regulatory oversight of the Federal Aviation Administration; and (5) shall be self-sufficient through revenues earned by charging fees to users of the air traffic control system. (c) War or National Emergency.-- (1) Transfer of functions.--In the event of a declared war or national emergency, the President may by Executive order transfer any functions, personnel, property, records, funds, and other matters relating to the Corporation to the Department of Defense. (2) Development of plans.--The Board, in consultation with the Secretary of Defense, shall develop plans for the effective discharge of the functions of the Corporation in the event of a declared war or national emergency. SEC. 102. CORPORATION. (a) Chief Executive Officer.--Within 30 days after the date of the enactment of this Act, the President shall appoint an interim chief executive officer of the Corporation to handle the preliminary development of the Corporation before the appointment of the board of directors. The interim chief executive officer shall serve as a member of the board until the board elects a permanent chief executive officer. The chief executive officer (other than the interim chief executive officer) shall be selected by the board. The first executive officer to be selected shall be selected not later than the 180th day following the date of the first meeting of the board. (b) Appointment of Transition Team.--The interim chief executive officer shall appoint a 6-member transition team which shall be responsible for getting the Corporation operational and shall serve until the Corporation is operational. (c) Functions of Transition Team.--The transition team appointed under this section shall-- (1) subject to approval by the President, draft and file articles of incorporation for the Corporation, draft the initial bylaws of the Corporation, and take any other actions necessary for the establishment and initial operation of the corporation; and (2) after appointment of the board, the transition team shall work under the board until the Corporation is operational. (d) Articles of Incorporation.--The articles of incorporation filed by the transition team in accordance with subsection (c)-- (1) shall provide for cumulative voting under section 27(d) of the District of Columbia Business Corporation Act (D.C. Code, Sec. 29-327(d)); and (2) may be amended, altered, changed, or repealed by a vote of not less than \2/3\ of the members of the board. (e) Budget.--The Corporation shall be subject to provisions of the Government Corporation Control Act, shall submit an annual business- type budget to Congress, and shall have an annual financial audit performed by an independent public accountant. SEC. 103. BOARD OF DIRECTORS AND OFFICERS. (a) Board of Directors.-- (1) Membership.--The Corporation shall be governed by a board of directors with 11 members. The board shall be comprised of the chief executive officer of the Corporation, the Secretary of Transportation, and the Secretary of Defense (or their designees), and 8 members appointed by the President with the advice and consent of the Senate. (2) Appointed members.--The President shall appoint the initial 8 appointed members of the board so that thereafter the appointed members will serve on the board for 5-year staggered terms. The 8 members of the board appointed by the President shall be as follows: (A) 3 members from among persons who represent the views of commercial aviation interests. (B) 1 member from among persons who represent the views of airports. (C) 1 member from among persons who represent the views of employees of the Federal Aviation Administration and the Corporation who belong to a union. (D) 1 member from among persons who represent the views of general business interests. (E) 2 members from among persons who represent the views of noncommercial aviation interests. (3) Chairperson.--The board shall elect one of its members annually to serve as Chairperson. (4) Compensation and expenses.--Members of the board may receive compensation in accordance with rules established by the board. (5) Functions of the board.--The board shall meet at least quarterly and shall be responsible for strategic planning and approving major financial decisions of the Corporation, the annual budget, and the level of user fees. The board shall provide for public notice and comment on its fee proposals. The board shall have authority over decisions about contracting for air traffic control facilities, including Level I towers and navigational facilities and equipment. (6) Function of the secretary of transportation.-- (A) User fees.--In consultation with the Attorney General, the Secretary of Transportation shall have the authority to disapprove the kind and level of user fees established by the board if such fees are not reasonable as determined by the Secretary under criteria established by the Secretary. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations establishing such criteria. In determining if fees are reasonable under this paragraph, the Secretary shall consider if the fees will harm new entrant air carriers, diminish competition among users of the air traffic control system, or lead to excessive charges for air service. (B) Borrowing.--The Secretary of Transportation shall have the authority to disapprove borrowing by the Corporation under the following circumstances: (i) If the Corporation seeks to borrow funds at levels which exceed a reasonable prospect for repayment as determined by the Secretary. (ii) If the Corporation seeks to borrow funds for inappropriate, wasteful, or unreasonably speculative activities as determined by the Secretary. (C) Intermodal issues.--The Secretary of Transportation shall have the authority to address intermodal issues affecting the Corporation. (7) Function of the secretary of defense.--The Secretary of Defense shall address national security concerns as they relate to the Corporation. (b) Safety Committee.-- (1) Appointment.--The board shall establish a 3-member permanent safety committee from among persons who are citizens of the United States to review the operations of the Corporation to ensure the highest level of aviation safety. Persons appointed under this paragraph shall serve at the pleasure of the board. (2) Compensation.--Individuals appointed under paragraph (1) shall be compensated at rates fixed by the board. (c) CEO.--The Corporation shall have a chief executive officer who is elected by the board and who shall serve at the discretion of the board. The board shall fix the term of employment and compensation of the chief executive officer. (d) Restriction on Receipt of Other Salary.--An officer of the Corporation shall not receive any salary from any source other than the Corporation during the period of the officer's employment by the Corporation. SEC. 104. POWERS OF CORPORATION. The Corporation may-- (1) plan, initiate, construct, own, manage, and operate, by itself or in cooperation with other entities, an air traffic control system; (2) furnish, for hire, air traffic control services to air transportation common carriers, and other operators of civil aircraft; (3) establish reasonable nondiscriminatory fees for the provision of air traffic control services; (4) enter into contracts under which other entities may operate individual air traffic control facilities on behalf of the Corporation; (5) acquire, by construction, purchase, or gift, physical facilities, equipment, and devices necessary to the operations of the Corporation, including air traffic control and associated equipment and facilities; and (6) conduct or contract for the conduct of research and development related to the operations of the Corporation and establish technical specifications of all elements of the air traffic control system. SEC. 105. FOREIGN BUSINESS NEGOTIATIONS OF CORPORATION. (a) Negotiations of Corporation.--Whenever the Corporation enters into negotiations with any foreign entity with respect to facilities, operations, and services authorized by this Act to be conducted by the Corporation-- (1) the Corporation shall notify the Secretary of State regarding the initiation, conduct, and foreign policy implications of such negotiations; and (2) the Secretary of State shall advise the Corporation of relevant foreign policy considerations and, upon request of the Corporation, shall render such assistance as may be appropriate. (b) Negotiations of Secretary of State.--The Secretary of State shall consult with the Corporation with respect to all negotiations conducted by the Secretary regarding matters which relate to air traffic control. SEC. 106. SANCTIONS. (a) Petition for Relief.--Except as otherwise prohibited by law-- (1) if the Corporation engages in any activity, or takes any action in furtherance of any policy, which is inconsistent with the policy and purposes of this Act; or (2) if any other person-- (A) violates any provision of this Act; (B) obstructs or interferes with any activity authorized by this Act; (C) refuses, fails, or neglects to discharge any duty or responsibility under this Act; or (D) threatens any such violation, obstruction, interference, refusal, failure, or neglect; the district court of the United States for any district in which such Corporation or other person resides or may be found shall have jurisdiction, upon petition of the Attorney General of the United States, to grant such equitable relief as may be necessary or appropriate to prevent or terminate such activity. (b) Punishment, Liability, or Sanction Under Other Provisions.-- Nothing contained in this section shall be considered to relieve any person of any liability, punishment, or sanction under any other law. SEC. 107. REPORT. (a) Corporation.--The Corporation shall transmit to the President and Congress, annually and at such other times as it considers appropriate, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. (b) Administrator.--The Administrator shall transmit to the Congress, annually and at such other times as the Administrator considers appropriate, an evaluation of the capital structure of the Corporation so as to assure the Congress that such structure is consistent with the most efficient and economical operation of the Corporation. TITLE II--MISCELLANEOUS SEC. 201. TRANSFER OF FACILITIES AND EQUIPMENT TO CORPORATION. (a) In General.--Not later than 1 year after the date the Senate approves the appointments of the President under section 102(a), the Secretary of Transportation shall take such steps as may be necessary-- (1) to transfer to the Corporation all right, title, and interest of the United States in, and all control of the United States over, all facilities and equipment under the jurisdiction of the Administration by the operational date of the Corporation, which are part of the air traffic control system including the air route traffic centers, terminal radar control centers, VHF omnidirectional radio stations, long-range and terminal radar systems, flight service stations, and related facilities and equipment; and (2) to transfer all right of the United States in airport control towers, landing aids, and landing slots to owners of the airport where such towers and aids are located and to which such landing slots relate. (b) Compensation.--In consideration for property transferred by the United States pursuant to subsection (a), the Corporation shall pay into the General Fund of the Treasury such amount as the Corporation and the Secretary of Transportation agree is reasonable and shall relinquish all rights of the Corporation to amounts in the Airport and Airway Trust Fund. SEC. 202. AIRPORT FEES. (a) In General.--Notwithstanding any other law, on and after the date of the transfers carried out by the Secretary of Transportation pursuant to section 201(a), an airport may establish and charge fees for use of airport facilities by, and provision of services to, air carriers and air transportation passengers, including-- (1) fees which air carriers must pay for landing aircraft at or taking aircraft off from such facilities; and (2) fees which passengers must pay for departing from such facilities. (b) Criteria.--Fees established under subsection (a)-- (1) shall be in an amount equal to the cost to the airport of providing the particular use or service for which the fee is charged, plus a reasonable profit; and (2) may vary according to time of day and demand for the facility or service. SEC. 203. AIRPORT ACCESS. (a) Prohibition.--An owner, operator, or other person in charge of a public-use airport shall not deny access to and use of the facilities of such airport by any person operating an aircraft which is in compliance with all laws relating to aviation safety if the person offers to pay all fees which are usually charged for such use. (b) Penalty.--Any person who violates subsection (a) shall be subject to a civil penalty under section 46301 of title 49, United States Code. SEC. 204. LIABILITY OF CORPORATION. The Corporation shall be treated as a Federal agency for purposes of chapter 171 of title 28, United States Code; except that judgments, awards, settlements, interest, and costs of claims resulting from air traffic control system liability, shall not be paid from amounts available under section 1304 of title 31, United States Code, but shall be paid from amounts otherwise available to the Corporation. The Corporation may secure its own insurance for claims resulting from air traffic control system liability. The Corporation shall be responsible for any legal or administrative costs for air traffic control-related litigation. The Corporation may secure liability insurance for the board of directors. The Corporation may sue or be sued in its corporate name. The Secretary of Transportation shall identify potential environmental liabilities of facilities before their transfer to the Corporation. SEC. 205. DEFINITIONS. As used in this Act-- (1) the terms ``airport'' and ``public-use airport'', respectively, have the meaning given such terms by section 47102 of title 49, United States Code; (2) the terms ``air carrier'', ``aircraft'', ``air transportation'', ``civil aircraft'', ``citizen of the United States'', ``person'' and ``United States'', respectively, have the meaning given such terms by section 40102 of title 49, United States Code; (3) the term ``board'' means the board of directors of the Corporation appointed under section 103; (4) the term ``Corporation'' means the corporation established by section 101 of this Act; (5) the term ``Administration'' means the Federal Aviation Administration; and (6) the term ``Administrator'' means the Administrator of the Federal Aviation Administration. SEC. 206. CONFORMING AMENDMENTS. The Secretary of Transportation shall submit to Congress not later than 1 year after the date of the enactment of this Act such conforming amendments as the Secretary of Transportation determines are necessary to fully implement this Act. HR 5209 IH----2

TABLE OF CONTENTS: Title I: United States Air Traffic Service Corporation Title II: Miscellaneous Air Traffic Control Service Improvement Act of 1994 - Title I: United States Air Traffic Service Corporation - Establishes, as a Government corporation, the United States Air Traffic Service Corporation to operate the U.S. air traffic control system. Title II: Miscellaneous - Directs the Secretary of Transportation to transfer to the Corporation all right, title, and interest of the United States over facilities, including airport control towers, landing aids, landing slots, and equipment which are part of the air traffic control system. Authorizes airports to charge fees for use of airport facilities by, and provision of services to, air carriers and air transportation passengers. Prohibits owners or operators of public-use airports from denying access to and use of airport facilities by any person operating an aircraft which is in compliance with all aviation safety laws if such person offers to pay all user fees. Subjects persons who violate such prohibition to a civil penalty.

Air Traffic Control Service Improvement Act of 1994

SECTION 1. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following: ``SEC. 38. CHILD HANDGUN SAFETY DEVICES. ``(a) Establishment of Standard.-- ``(1) In general.-- ``(A) Rulemaking required.--Notwithstanding section 3(a)(1)(E) of this Act, the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of enactment of this section to establish a consumer product safety standard for handgun locks. The Commission may extend the 90-day period for good cause. Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final consumer product safety standard under this paragraph within 12 months after the date on which it initiated the rulemaking. The Commission may extend that 12-month period for good cause. The consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which the final standard is promulgated. ``(B) Standard requirements.--The standard promulgated under subparagraph (A) shall require gun locks that-- ``(i) are sufficiently difficult for children to de-activate or remove; and ``(ii) prevent the discharge of the handgun unless the gunlock has been de-activated or removed. ``(2) Certain provisions not to apply.-- ``(A) Provisions of this act.--Sections 7, 9, and 30(d) of this Act do not apply to the rulemaking proceeding under paragraph (1). Section 11 of this Act does not apply to any consumer product safety standard promulgated under paragraph (1). ``(B) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(D) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321) does not apply to this section. ``(b) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to the provisions of this section from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this section, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this section if such provision affords greater protection to children in respect of handguns than is afforded by this section. ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission under subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described in section 7(a). ``(d) Definitions.--In this section: ``(1) Child.--The term `child' means an individual who has not attained the age of 13 years. ``(2) Handgun lock.--The term `handgun lock' means any disabling or locking device that is not built into the handgun at the time of manufacture and that is designed to prevent the handgun from being discharged unless the device has been deactivated or removed. ``(3) Handgun.--The term `handgun'-- ``(A) has the meaning given that term in section 921(a) of title 18, United States Code; and ``(B) includes any article taxable at the rate of 10 percent under section 4181 of the Internal Revenue Code of 1986 (26 U.S.C. 4181). ``(4) Incorporated definitions.--The terms `licensed importer', `licensed manufacturer', and `licensed dealer' have the meanings given those terms in section 921(a) of title 18, United States Code.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 38. Child handgun safety devices.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 38 of the Consumer Product Safety Act, such sums to remain available until expended.

Amends the Consumer Product Safety Act to require the Consumer Product Safety Commission to initiate a rulemaking establishing a consumer product safety standard for handgun locks.

To amend the Consumer Product Safety Act to confirm the Consumer Product Safety Commission's jurisdiction over child safety devices for handguns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2004''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, beginning on October 1, 2003, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements and conditions set forth in subsections (d) and (e). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2003, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2002; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti is meeting the conditions of subsection (e) and that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities. ``(e) Conditions Regarding Enforcement of Circumvention.-- ``(1) In general.--The preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions: ``(A) Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States. ``(B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country. ``(C) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti. ``(D) Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention. ``(E) Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be). ``(F) Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system. ``(2) Definitions.--In this subsection: ``(A) Circumvention.--The term `circumvention' means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results-- ``(i) in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or ``(ii) in obtaining preferential tariff treatment.''. ``(B) Transshipment.--The term `transshipment' has the meaning given such term under section 213(b)(2)(D)(iii).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2003. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2003, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal. Passed the Senate July 16, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2261 _______________________________________________________________________ AN ACT To expand certain preferential trade treatment for Haiti.

Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment. States that such preferential treatment shall be: (1) for the first year, 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2002; and (2) for each of the succeeding years, a quantity of apparel articles equal to the product of the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent) and the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period ending on September 30 of such year. Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act.

A bill to expand certain preferential trade treatment for Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act'' or the ``MORE Act''. SEC. 2. MOTOR VEHICLE TESTING OR EVALUATION. (a) In General.--Section 30112(b)(10) of title 49, United States Code, is amended-- (1) by striking ``that prior to the date of enactment of this paragraph''; (2) in subparagraph (A), by striking ``motor vehicles into the United States that are certified'' and inserting ``into the United States motor vehicles that are certified, or motor vehicle equipment utilized in a motor vehicle that is certified,''; (3) in subparagraph (C), by striking the period at the end and inserting ``; or''; (4) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving their margins 2 ems to the right; (5) by striking ``evaluation by a manufacturer that agrees not to sell or offer for sale'' and inserting the following: ``evaluation by-- ``(A) a manufacturer that agrees not to sell or lease or offer for sale or lease''; and (6) by adding at the end the following: ``(B) a manufacturer of highly automated vehicles, automated driving systems, or components of automated driving systems that agrees not to sell or lease or offer for sale or lease the highly automated vehicle, automated driving system, or components of the automated driving system at the conclusion of the testing or evaluation and-- ``(i) has submitted to the Secretary-- ``(I) the name of the individual, partnership, corporation, or institution of higher education and a point of contact; ``(II) the residence address of the individual, partnership, corporation, or institution of higher education and State of incorporation if applicable; ``(III) a description of each type of motor vehicle used during development of highly automated vehicles, automated driving systems, or components of automated driving systems manufactured by the individual, partnership, corporation, or institution of higher education; and ``(IV) proof of insurance for any State in which the individual, partnership, corporation, or institution of higher education intends to test or evaluate highly automated vehicles; and ``(ii) if applicable, has identified an agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.''. (b) Definitions.--Section 30102 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `automated driving system' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.''; (C) by inserting after paragraph (5) (as so redesignated) the following: ``(6) `dynamic driving task' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- ``(A) lateral vehicle motion control via steering; ``(B) longitudinal vehicle motion control via acceleration and deceleration; ``(C) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; ``(D) object and event response execution; ``(E) maneuver planning; and ``(F) enhancing conspicuity via lighting, signaling, and gesturing. ``(7) `highly automated vehicle'-- ``(A) means a motor vehicle equipped with an automated driving system; and ``(B) does not include a commercial motor vehicle (as defined in section 31101).''; and (D) by inserting after paragraph (13) (as so redesignated) the following: ``(14) `operational design domain' means the specific conditions under which a given driving automation system or feature thereof is designed to function.''; and (2) by adding at the end the following: ``(c) Revisions to Certain Definitions.-- ``(1) If SAE International (or its successor organization) revises the definition of any of the terms defined in paragraph (1), (6), or (14) of subsection (a) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of this chapter. If the Secretary so notifies SAE International (or its successor organization), the existing definition in subsection (a) shall remain in effect. ``(2) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in paragraph (1), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this chapter. The requirements of section 553 of title 5 shall not apply to the making of any such conforming amendments. ``(3) Pursuant to section 553 of title 5, the Secretary may update any of the definitions in paragraph (1), (6), or (14) of subsection (a) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.''.

Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act or the MORE Act This bill exempts manufacturers of highly automated vehicles, automated driving systems or components thereof from prohibitions on manufacturing, selling, and importing noncomplying (from safety standards) motor vehicles if they: (1) agree not to sell or lease such vehicles and systems at the end of testing or evaluation; and (2) have submitted to the Department of Transportation specified information, including identifying information and proof of insurance.

Maximizing Opportunities for Research and the Enhancement of Automated Vehicles Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Programming Consumer Privacy Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The personal privacy of Americans in the digital age is of increasing concern to consumers and public policy must strive to keep up with changes in technology. (2) The cable television industry has long provided video programming to millions of consumers over cable systems capable of collecting personal information about a subscriber's viewing habits. (3) Congress recognized the growing threat to personal privacy posed by the emerging cable system-based technology and in 1984 enacted privacy protections contained in section 631 of the Communications Act of 1934 (47 U.S.C. 551), to safeguard the personal privacy of American consumers when they utilize any service over a cable system. (4) Under these rules, cable television operators utilizing their cable facilities to offer television programming, pay- per-view services, or telecommunications services, such as broadband access to the Internet, must protect the personal privacy of subscribers and are prohibited from disclosing personal data without the prior written or electronic consent of subscribers. (5) In addition, the Video Privacy Protection Act (18 U.S.C. 2710) prohibits a video rental or sales outlet from disclosing personal information regarding what video tapes a consumer rents or buys without the informed, written consent of the consumer. (6) Since these personal privacy protections were enacted by Congress, other technology has arrived that provides services to consumers that are similar to those provided by cable operators and video rental outlets. (7) For example, direct broadcast satellite providers (``DBS providers''), such as DirecTV and Echostar, now boast 20 million subscribers nationwide and these satellite-based services compete with cable operators on the array of services that cable operators typically offer. (8) In addition, over 1 million consumers now subscribe to fast-growing digital video recording services, such as those provided by companies such as Tivo and Replay TV, which, like cable operators and DBS providers, possess the ability to gather information from consumers about a consumer's use of the system, including an individual consumer's television viewing habits. (9) While DBS providers and providers of digital video recording services offer consumers services similar to those offered by cable operators over cable systems, competitors utilizing these technologies do not currently have to comply with the privacy protections in section 631 because such provisions apply only to cable operators. (10) Consistent with the policy endorsed by Congress in enacting the Telecommunications Act of 1996 of regulating entities based upon the service which is provided rather than the technology used to deliver that service, the public interest compels that privacy protections for consumers should be consistently applied irrespective of who the provider is, or what technology they employ to deliver services to consumers. (11) While DBS providers and providers of digital video recording services have not announced plans to or record the personal viewing habits or gather other personal data from a consumer's use of their services, the public interest would be served by requiring comparable privacy protections for American consumers. SEC. 3. PRIVACY REQUIREMENTS. Title VII of the Communications Act of 1934 is amended by adding at the end the following new section: ``SEC. 715. PRIVACY REQUIREMENTS FOR VENDORS OF MULTICHANNEL SERVICES. ``(a) Definitions.--For purposes of this section: ``(1) Multichannel services vendor.--The term `multichannel services vendor' means-- ``(A) a multichannel video programming distributor, as such term is defined in section 602; and ``(B) a person that has access to information concerning the video programming that a customer views, displays, or records through the provision of video programming, recording services, navigation devices, software, or programming guides, interactive communications equipment, or other equipment used by consumers to access multichannel video programming or other services offered over multichannel service systems or the Internet; except that such term does not include a cable operator to the extent that the cable operator is subject to section 631. ``(2) Multichannel services.--The term `multichannel services' means a video programming service or other service provided to consumers, including services that enable consumers to navigate, record, or replay video services, except that such term does not include cable service to the extent that the cable operator providing such service is subject to section 631. ``(3) Personally identifiable information.--The term `personally identifiable information' does not include any record of aggregate data which does not identify particular persons. ``(4) Other service.--The term `other service' includes any wire or radio communications service provided using any of the facilities of a multichannel services vendor that are used in the provision of multichannel services. ``(b) Notice Obligation.--At the time of entering into an agreement to provide any multichannel service or other service to a subscriber and at least once a year thereafter, a multichannel service vendor shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of-- ``(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; ``(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; ``(C) the period during which such information will be maintained by the multichannel service vendor; ``(D) the times and place at which the subscriber may have access to such information in accordance with subsection (e); and ``(E) the limitations provided by this section with respect to the collection and disclosure of information by a multichannel service vendor and the right of the subscriber under subsections (g) and (i) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter. ``(c) Restrictions on Use.-- ``(1) Use prohibited without consent.--Except as provided in paragraph (2), a multichannel service vendor shall not use its provision of multichannel services to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. ``(2) Exceptions.--A multichannel service vendor may use its provision of multichannel services to collect such information in order to-- ``(A) obtain information necessary to render a multichannel service or other service provided by the multichannel service vendor to the subscriber; or ``(B) detect unauthorized reception of multichannel service. ``(d) Restrictions on Disclosure.-- ``(1) Disclosure prohibited without consent.--Except as provided in paragraph (2), a multichannel service vendor shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or multichannel service vendor. ``(2) Exceptions.--A multichannel service vendor may disclose such information if the disclosure is-- ``(A) necessary to render, or conduct a legitimate business activity related to, a multichannel service or other service provided by the multichannel service vendor to the subscriber; ``(B) subject to subsection (i), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; ``(C) a disclosure of the names and addresses of subscribers to any multichannel service or other service, if-- ``(i) the multichannel service vendor has provided the subscriber the opportunity to prohibit or limit such disclosure; and ``(ii) the disclosure does not reveal, directly or indirectly, the-- ``(I) extent of any viewing or other use by the subscriber of a multichannel services or other service provided by the multichannel service vendor; or ``(II) the nature of any transaction made by the subscriber of the multichannel service vendor; or ``(D) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing multichannel service subscriber selection of video programming from a multichannel service vendor. ``(e) Access by Subscriber to Information.--A multichannel service subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a multichannel service vendor. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such multichannel service vendor. A multichannel service subscriber shall be provided reasonable opportunity to correct any error in such information. ``(f) Destruction of Information.--A multichannel service vendor shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (e) or pursuant to a court order. ``(g) Remedies.-- ``(1) Civil actions.--Any person aggrieved by any act of a multichannel service vendor in violation of this section may bring a civil action in a United States district court. ``(2) Actual and punitive damages; fees and costs.--The court may award-- ``(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; ``(B) punitive damages; and ``(C) reasonable attorneys' fees and other litigation costs reasonably incurred. ``(3) Remedies not exclusive.--The remedy provided by this section shall be in addition to any other lawful remedy available to a multichannel service subscriber. ``(h) Preservation of State Authority.--Nothing in this title shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. ``(i) Basis for Court Orders.--Except as provided in subsection (d)(2)(D), a governmental entity may obtain personally identifiable information concerning a multichannel service subscriber pursuant to a court order only if, in the court proceeding relevant to such court order-- ``(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and ``(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.''.

Video Programming Consumer Privacy Protection Act of 2003 - Amends the Communications Act of 1934 to require a multichannel service vendor (a multichannel video programming distributor or person that has access to video programming viewing information) (vendor), at the time of entering into a service agreement with a subscriber and at least once a year thereafter, to provide written notice to such subscriber concerning: (1) the nature of personally identifiable information (information) collected with respect to the subscriber; (2) the nature of any disclosure of such information; (3) the period during which such information will be maintained by the vendor; (4) the time and place at which the subscriber may have access to such information; and (5) limitations with regard to the vendor collection and disclosure of such information and the right of the subscriber to enforce such limitations. Prohibits any vendor from collecting or disclosing such information without the prior written or electronic consent of the subscriber, with certain business-related exceptions. Requires a vendor to provide subscriber access to all collected information, and to destroy information no longer necessary. Provides civil remedies for violations, including actual and punitive damages.

To amend the Communications Act of 1934 to require vendors of multichannel services to protect the privacy of their customers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Nutrition Improvement Act of 2015''. SEC. 2. UNIVERSAL MEAL SERVICE IN NATIVE AMERICAN AREAS. Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by inserting after subsection (e) the following: ``(f) Universal Meal Service in Native American Areas.-- ``(1) In general.--The Secretary shall identify, for optional use in local educational agencies on or near Indian reservations, alternatives to-- ``(A) the daily counting by category of meals provided by school lunch programs under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ``(B) the use of annual applications as the basis for eligibility to receive free meals or reduced price meals under this Act; and ``(C) the use of universal meal service described in subsections (a)(1)(F) and (g). ``(2) Use of alternatives.--Alternatives described in paragraph (1) may be-- ``(A) implemented for use in schools or by school food authorities that agree-- ``(i) to serve all breakfasts and lunches to all students at no cost; ``(ii) to pay, from sources other than Federal funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance received under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), as determined by the Secretary, with respect to the number of lunches and breakfasts served during the applicable period; and ``(iii) not to collect applications for free or reduced price meals; or ``(B) further tested through demonstration projects carried out by the Secretary in accordance with paragraph (3). ``(3) Demonstration projects.--For the purpose of carrying out demonstration projects described in paragraph (2)(B), the Secretary may waive any requirement of this Act relating to-- ``(A) counting and claiming of meals provided by school lunch or breakfast programs; and ``(B) determinations of eligibility for free or reduced price meals.''. SEC. 3. SCHOOL LUNCH PROGRAM AND CHILD AND ADULT CARE FOOD PROGRAM. Section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) is amended by striking paragraph (8) and inserting the following: ``(8) State.--The term `State' means-- ``(A) any of the 50 States; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; ``(D) the Virgin Islands; ``(E) Guam; ``(F) American Samoa; ``(G) the Commonwealth of the Northern Mariana Islands; or ``(H) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 4. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. Section 13(a)(1)(E) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(E)) is amended-- (1) in clause (vi), by striking ``and''; (2) in clause (vii), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(viii) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 5. ADMINISTRATIVE AND START UP FUNDS. Section 7(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(c)) is amended-- (1) by striking ``(c) If any State agency'' and inserting the following: ``(c) Adjustment in Administrative Funds.-- ``(1) Administration by a state agency.--If any State agency''; and (2) by adding at the end the following: ``(2) Administration by an indian tribe.-- ``(A) In general.--If an Indian tribe agrees to assume responsibility for the administration of the school breakfast program under section 4 or the school lunch program, summer food service program for children, or child and adult care food program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Secretary shall make an appropriate adjustment in the administrative funds paid under this section to the Indian tribe not later than the preceding fiscal year. ``(B) Start up funds.--The adjustment in administrative funds described in subparagraph (A) shall consist of an amount for start up funds, negotiated with the Indian tribe, of not less than $10,000 nor more than $100,000 for each fiscal year.''. SEC. 6. SCHOOL BREAKFAST PROGRAM. Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is amended by striking paragraph (1) and inserting the following: ``(1) State.--The term `State' means-- ``(A) any of the 50 States; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; ``(D) the Virgin Islands; ``(E) Guam; ``(F) American Samoa; ``(G) the Commonwealth of the Northern Mariana Islands; or ``(H) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).''.

Tribal Nutrition Improvement Act of 2015 This bill amends the Richard B. Russell National School Act to allow an Indian tribe to assume, from a nearby local educational agency (LEA) and in lieu of a state, responsibility for administration of the school breakfast program, the school lunch program, the child and adult care food program, or the summer food service program for children. The Department of Agriculture (USDA) must identify, for optional use in LEAs on or near Indian reservations, alternatives to current program requirements related to the daily counting of meals by category, the use of annual applications to determine program eligibility, and the use of universal meal service. USDA may implement such alternatives, as limited by the bill, as well as further test them in demonstration projects. The bill also amends the Child Nutrition Act of 1966 to require USDA to increase the amount of administrative funds paid to an Indian tribe that agrees to assume responsibility for the administration of one of the aforementioned food programs.

Tribal Nutrition Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforestation Tax Act of 1998''. SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. ``(a) In General.--At the election of any taxpayer who has qualified timber gain for any taxable year, there shall be allowed as a deduction from gross income an amount equal to the qualified percentage of such gain. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means long-term capital gain from the sale or exchange of timber. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 3 percent, by ``(2) the number of years in the holding period of the taxpayer with respect to the timber. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion of (if any) the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Coordination With Maximum Rates of Tax on Net Capital Gains.-- (1) Subsection (h)(4) of section 1 of such Code (relating to maximum capital gains rate) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding after subparagraph (D) the following new subparagraph: ``(E) qualified timber gain with respect to which an election is in effect under section 1203.'' (2) Subsection (a) of section 1201 of such Code (relating to the alternative tax for corporations) is amended by inserting at the end thereof the following new sentence: ``For purposes of this section, net capital gain shall be determined without regard to qualified timber gain (as defined in section 1203) with respect to which an election is in effect under section 1203.'' (c) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (relating to definition of adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Partial inflation adjustment for timber.--The deduction allowed by section 1203.'' (d) Technical Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of such Code is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.'' (2) The last sentence of section 453A(c)(3) of such Code is amended by striking ``(whichever is appropriate)'' and inserting ``or the deduction under section 1203 (whichever is appropriate)''. (3) Section 641(d)(2)(C) of such Code is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.'' (4) The first sentence of section 642(c)(4) of such Code is amended to read as follows: ``To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a) or qualified timber gain (as defined in section 1203(b)), proper adjustment shall be made for any exclusion allowable under section 1202, and any deduction allowable under section 1203, to the estate or trust.'' (5) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (6) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to partial inflation adjustment for timber) shall not be taken into account''. (7) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (8) The second sentence of paragraph (2) of section 871(a) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (e) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Partial inflation adjustment for timber.'' (f) Effective Date.--The amendments made by this section shall apply to sales or exchanges after December 31, 1997. SEC. 3. AMORTIZATION OF REFORESTATION EXPENDITURES AND REFORESTATION TAX CREDIT. (a) Decrease in Amortization Period.-- (1) In general.--Section 194(a) of the Internal Revenue Code of 1986 is amended by striking ``84 months'' and inserting ``60 months''. (2) Conforming amendment.--Section 194(a) of such Code is amended by striking ``84-month period'' and inserting ``60- month period''. (b) Remove Cap on Amortizable Basis.-- (1) Section 194 of such Code is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (2) Subsection (b) of section 194 of such Code (as redesignated by paragraph (1)) is amended by striking paragraph (4). (3) Paragraph (1) of section 48(b) of such Code is amended by striking ``(after the application of section 194(b)(1))''. (c) Effective Date.--The amendments made by this section shall apply to additions to capital account made after December 31, 1997.

Reforestation Tax Act of 1998 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures.

Reforestation Tax Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tanning Accountability and Notification Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Food and Drug Administration (``FDA'') and numerous leading United States health care organizations estimate that approximately one million Americans each year will be stricken with skin cancer, a potentially deadly disease, and the most common of all types of cancers. (2) The number of cases of melanoma, the most deadly of all skin cancers, is rising in the United States. The American Cancer Society estimates 111,900 Americans will be diagnosed with melanoma in 2006. Nationally, one person dies of melanoma almost every hour. (3) Numerous studies have established that skin cancer is closely associated with excessive ultraviolet light exposure. (4) In December 2002, the National Institute of Environmental Health Sciences issued a report that identified broad spectrum ultraviolet radiation produced by artificial light sources as a known carcinogen and added such radiation to its listing of 228 substances linked to cancer. (5) The FDA, joined by the National Institutes of Health, the Centers for Disease Control and Prevention, the World Health Organization, and the American Academy of Dermatology, discourages the use of tanning beds and sun lamps, and has concluded that indoor tanning can be as harmful as outdoor tanning, and that perhaps more than one million people in the United States alone visit tanning salons each day on the average. (6) The FDA and numerous leading United States and international health care organizations have expressed concerns that the consuming public generally, and teenage population particularly, is not aware that indoor tanning devices emit ultraviolet radiation that is similar to and sometimes more powerful than the UV radiation emitted by the sun. (7) The FDA has concluded that there are no ``safe rays'' insofar as both types of ultraviolet light cause skin cancer, damage to the eyes and the immune system, as well as wrinkling and other signs of premature skin aging. Tanning devices in salons, tanning parlors, spas, and similar settings are in no way less harmful alternatives to the sun's rays. (8) Exposure to ultraviolet radiation, especially from indoor tanning equipment, is not necessary to maintain adequate levels of vitamin D in the body. A comprehensive review of the scientific literature published in the February 2006 issue of the Journal of the American Academy of Dermatology confirms that exposing oneself to harmful doses of ultraviolet radiation is an unsafe practice that is not essential to maintaining an adequate supply of vitamin D for good bone and muscle health. (9) According to the American Academy of Dermatology, manufacturers of tanning devices should be required to fix upon the devices a warning label reading, ``Ultraviolet radiation can cause skin cancer and nonreversible forms of damage to the skin''. SEC. 3. REPORT BY FOOD AND DRUG ADMINISTRATION REGARDING LABELING INFORMATION ON RELATIONSHIP BETWEEN USE OF INDOOR TANNING DEVICES AND DEVELOPMENT OF SKIN CANCER OR OTHER SKIN DAMAGE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall determine-- (1) whether the labeling requirements for indoor tanning devices, including the positioning requirements, provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the eyes and skin, including skin cancer; and (2)(A) whether adding the warning suggested by the American Academy of Dermatology to the current warning label, or any other additional warning, would communicate the risks of indoor tanning more effectively; or (B) whether there is no warning that would be capable of adequately communicating such risks. (b) Consumer Testing.--In making the determinations under subsection (a), the Secretary shall conduct appropriate consumer testing, using the best available methods for determining consumer understanding of label warnings. (c) Public Hearings; Public Comment.--The Secretary shall hold public hearings and solicit comments from the public in making the determinations under subsection (a). (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report that provides the determinations under subsection (a). In addition, the Secretary shall include in the report the measures being implemented by the Secretary to significantly reduce the risks associated with indoor tanning devices.

Tanning Accountability and Notification Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to determine whether: (1) the labeling requirements for indoor tanning devices provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the eyes and skin, including skin cancer; (2) adding the warning suggested by the American Academy of Dermatology or any other additional warning to the current warning label would communicate such risks more effectively; and (3) there is no warning that would be capable of adequately communicating such risks. Requires the Secretary, in making such determinations, to: (1) conduct appropriate consumer testing using the best available methods for determining consumer understanding of label warnings; and (2) hold public hearings and solicit comments from the public.

To require the Food and Drug Administration to conduct consumer testing to determine the appropriateness of the current labeling requirements for indoor tanning devices and determine whether such requirements provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the skin, including skin cancer, and for other purposes.

SECTION 1. CLEAN RENEWABLE WATER SUPPLY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by inserting after section 54 the following new section: ``SEC. 54A. CREDIT TO HOLDERS OF CLEAN RENEWABLE WATER SUPPLY BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a clean renewable water supply bond on 1 or more credit allowance dates of the bond occurring during any taxable year, 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 the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a clean renewable water supply bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any clean renewable water supply bond is the product of-- ``(A) the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Determination.--For purposes of paragraph (2), with respect to any clean renewable water supply bond, the Secretary shall determine daily or cause to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary's designee estimates will permit the issuance of clean renewable water supply bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term also includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than subpart C, section 54, section 1400N(l), and this section). ``(d) Clean Renewable Water Supply Bond.--For purposes of this section-- ``(1) In general.--The term `clean renewable water supply bond' means any bond issued as part of an issue if-- ``(A) the bond is issued by a qualified issuer, ``(B) 95 percent or more of the proceeds of such issue are to be used for capital expenditures incurred by qualified borrowers for 1 or more qualified projects, ``(C) the qualified issuer designates such bond for purposes of this section and the bond is in registered form, and ``(D) the issue meets the requirements of subsection (g). ``(2) Qualified project; special use rules.-- ``(A) In general.--The term `qualified project' means any-- ``(i) qualified desalination facility, ``(ii) qualified recycled water facility, ``(iii) qualified groundwater remediation facility, or ``(iv) facility that is functionally related and subordinate to a facility described in clause (i), (ii), or (iii), in each case, owned by a qualified borrower. ``(B) Refinancing rules.--For purposes of paragraph (1)(B), a qualified project may be refinanced with proceeds of a clean renewable water supply bond only if the indebtedness being refinanced (including any obligation directly or indirectly refinanced by such indebtedness) was originally incurred by a qualified borrower after the date of the enactment of this section. ``(C) Reimbursement.--For purposes of paragraph (1)(B), a clean renewable water supply bond may be issued to reimburse a qualified borrower for amounts paid after the date of the enactment of this section with respect to a qualified project, but only if-- ``(i) prior to the payment of the original expenditure, the qualified borrower declared its intent to reimburse such expenditure with the proceeds of a clean renewable water supply bond, ``(ii) not later than 60 days after payment of the original expenditure, the qualified issuer adopts an official intent to reimburse the original expenditure with such proceeds, and ``(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid. ``(D) Treatment of changes in use.--For purposes of paragraph (1)(B), the proceeds of an issue shall not be treated as used for a qualified project to the extent that a qualified borrower or qualified issuer takes any action within its control which causes such proceeds not to be used for a qualified project. The Secretary shall prescribe regulations specifying remedial actions that may be taken (including conditions to taking such remedial actions) to prevent an action described in the preceding sentence from causing a bond to fail to be a clean renewable water supply bond. ``(E) Environmental impact.--A project shall not be treated as a qualified project under subparagraph (A) unless such project is designed to comply with regulations issued under subsection (m) relating to the minimization of the environmental impact of the project. ``(e) Maturity Limitation.--A bond shall not be treated as a clean renewable water supply bond if the maturity of such bond exceeds 20 years. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(g) Special Rules Relating to Expenditures.-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects-- ``(A) at least 95 percent of the proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year period beginning on the date of issuance of the clean renewable water supply bond, ``(B) a binding commitment with a third party to spend at least 10 percent of the proceeds of such issue will be incurred within the 6-month period beginning on the date of issuance of the clean renewable water supply bond or, in the case of a clean renewable water supply bond the proceeds of which are to be loaned to 2 or more qualified borrowers, such binding commitment will be incurred within the 6-month period beginning on the date of the loan of such proceeds to a qualified borrower, and ``(C) such projects will be completed with due diligence and the proceeds of such issue will be spent with due diligence. ``(2) Extension of period.--Upon submission of a request prior to the expiration of the period described in paragraph (1)(A), the Secretary may extend such period if the qualified issuer establishes that the failure to satisfy the 5-year requirement is due to reasonable cause and the related projects will continue to proceed with due diligence. ``(3) Failure to spend required amount of bond proceeds within 5 years.--To the extent that less than 95 percent of the proceeds of such issue are expended by the close of the 5-year period beginning on the date of issuance (or if an extension has been obtained under paragraph (2), by the close of the extended period), the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(h) Special Rules Relating to Arbitrage.-- ``(1) In general.--Except as provided in paragraph (2), a bond which is part of an issue shall not be treated as a clean renewable water supply bond unless, with respect to the issue of which the bond is a part, the qualified issuer satisfies the arbitrage requirements of section 148 with respect to proceeds of the issue. ``(2) Exceptions.-- ``(A) In general.--For purposes of paragraph (1)-- ``(i) the proceeds of an issue qualify for a temporary period of 5 years beginning on the date of issuance of the issue (or, if a longer period is approved by the Secretary under subsection (g)(2), such longer period), ``(ii) the credit allowed under subsection (a) shall be disregarded for purposes of computing the yield on the issue, ``(iii) section 148(b)(3) (relating to exception to definition of `investment property' for certain tax-exempt bonds) shall not apply, ``(iv) the bonds shall not be treated as private activity bonds for purposes of section 148(f)(4)(A) (relating to rebate exception for amounts in a bona fide debt service fund), ``(v) section 148(f)(4)(C) (relating to exception from rebate for certain proceeds to be used to finance construction expenditures) shall apply to the available construction proceeds of an issue, and ``(vi) section 148(f)(4)(D) (relating to exception from rebate for certain small issuers) shall not apply. ``(B) Additional rebate spending exception.--For purposes of paragraph (1), an issue of clean renewable water supply bonds shall be treated as meeting the requirements of section 148(f)(2) (relating to payment of rebate amounts) if the proceeds of the issue are used to pay capital expenditures for one or more qualified projects in accordance with the following schedule-- ``(i) 10 percent within 6 months, ``(ii) 30 percent within 1 year, ``(iii) 60 percent within 2 years, and ``(iv) 100 percent within 3 years. ``(3) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this subsection, including regulations which specify additional exceptions to the requirements of section 148 for clean renewable water supply bonds. ``(i) Definitions.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Governmental body.--The term `governmental body' means any State, territory, possession of the United States, the District of Columbia, Indian tribal government, and any political subdivision thereof. ``(3) Local water company.--The term `local water company' means any entity responsible for providing water service to the general public (including electric utility, industrial, agricultural, commercial, or residential users) pursuant to State or tribal law. ``(4) Pooled financing bond.--The term `pooled financing bond' shall have the meaning given such term by section 149(f)(6)(A). ``(5) Qualified borrower.--The term `qualified borrower' means a governmental body or a local water company. ``(6) Qualified desalination facility.--The term `qualified desalination facility' means any facility that is used to produce new water supplies by desalinating seawater, groundwater, or surface water if the facility's source water includes chlorides or total dissolved solids that, either continuously or seasonally, exceed maximum permitted levels for primary or secondary drinking water under Federal or State law (as in effect on the date of issuance of the issue). ``(7) Qualified groundwater remediation facility.--The term `qualified groundwater remediation facility' means any facility that is used to reclaim contaminated or naturally impaired groundwater for potable use if the facility's source water includes constituents that exceed maximum contaminant levels regulated under the Safe Drinking Water Act (as in effect on the date of enactment of this Act). ``(8) Qualified issuer.--The term `qualified issuer' means-- ``(A) a governmental body, or ``(B) in the case of a State or political subdivision thereof (as defined for purposes of section 103), any entity qualified to issue tax-exempt bonds under section 103 on behalf of such State or political subdivision. ``(9) Qualified recycled water facility.--The term `qualified recycled water facility' means any facility that is used to reclaim wastewater produced by the general public (including electric utility, industrial, agricultural, commercial, or residential users) to the extent such reclaimed wastewater is re-used for a beneficial use. ``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled financing bond may be allocable to any loan unless the borrower has entered into a written loan commitment for such portion prior to the issue date of such bond. ``(k) Bonds Held by Regulated Investment Companies.--If any clean renewable water supply bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(l) Information Reporting.--Issuers of clean renewable water supply bonds shall submit reports similar to the reports required under section 149(e). ``(m) Regulations.--The Secretary shall prescribe regulations to carryout this section, including regulations promulgated in consultation with Director of the Environmental Protection Agency to ensure the environmental impact of qualified facilities is minimized.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(9) Reporting of credit on clean renewable water supply bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54A(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(b)(4)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.--The table of sections for part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after section 54 the following new item: ``Sec. 54A. Credit to holders of clean renewable water supply bonds.''. (d) Issuance of Regulations.--The Secretary of Treasury shall issue regulations required under section 54A of the Internal Revenue Code of 1986 (as added by this section) not later than 120 days after the date of the enactment of this Act. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow holders of clean renewable water supply bonds a tax credit of 25% of the annual credit amount as determined by the Secretary of the Treasury. Defines "clean renewable water supply bond" as any bond issued by a governmental body or an entity qualified to issue tax-exempt bonds that is used for capital expenditures for projects involving a qualified desalination facility, a recycled water facility, or a groundwater remediation facility. Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95% of the proceeds of a bond issue be spent on one or more clean renewable water supply projects within five years from the date of a bond issuance.

To amend the Internal Revenue Code of 1986 to allow a credit with respect to clean renewable water supply bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fulfilling Our Responsibility for Efficient and Sustainable Timber Supply Act of 2013'' or the ``FORESTS Act of 2013''. SEC. 2. STEWARDSHIP END RESULT CONTRACTING AUTHORITY. (a) Extension of Authority.--Subsection (a) of section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105- 277; 16 U.S.C. 2104 note), as most recently amended by section 323 of Public Law 108-7 (117 Stat. 275), is amended by striking ``Until September 30, 2013'' and inserting ``Until September 30, 2023''. (b) Contract Duration and Terms.--Subsection (c) of such section is amended-- (1) in paragraph (2), by striking ``10 years'' and inserting ``20 years''; and (2) in paragraph (4), by adding at the end the following new sentence: ``However, when the timber sale component of a Forest Service agreement or contracts under subsection (a) exceeds the resource component of agreement or contract, the timber sale contract authority applies to the timber sale.''. (c) Cancellation or Termination Costs.--Subsection (c) of such section is amended by adding at the end the following new paragraph: ``(6) Cancellation or termination costs.-- ``(A) In general.--Notwithstanding section 3903 of title 41, United States Code, the Secretary of Agriculture and the Secretary of the Interior are not required to obligate funds to cover the cost of cancelling or terminating a multiyear stewardship contract or agreement until such contract or agreement is cancelled or terminated. ``(B) Funding sources.--The costs of cancelling or terminating of a multiyear stewardship contract or agreement may be paid from-- ``(i) appropriations originally made available for the performance of the contract or agreement; ``(ii) appropriations currently available for procurement of the type of service concerned, and not otherwise obligated; or ``(iii) funds appropriated for payments for that performance or procurement. ``(C) Anti-deficiency act violations.--In a case in which payment or obligation of funds under this paragraph would constitute a violation of section 1341 of title 31, United States Code (commonly known as the Anti-Deficiency Act), the Secretary may-- ``(i) seek a supplemental appropriation; or ``(ii) request funds from the permanent judgment appropriation established pursuant to section 1304 of such title.''. (d) Payments to Counties.--Subsection (d) of such section is amended by adding at the end the following new paragraph: ``(4) Payments to counties.--25 percent of timber sale receipts from a contract or agreement entered into under the authority of this section and after the date of the enactment of this paragraph shall be paid to the county within whose boundaries the receipts are derived. Payments to a county made under this paragraph shall be in addition to the amounts received under chapter 69 of title 31, United States Code (Payment in Lieu of Taxes; 31 U.S.C. 6901 et seq.).''. SEC. 3. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR COOPERATION. (a) Definitions.--In this section: (1) Eligible state.--The term ``eligible State'' means a State that contains National Forest System land or Bureau of Land Management land. (2) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, in the case of National Forest System land; and (B) the Secretary of the Interior, in the case of public lands administered by the Secretary of the Interior through the Bureau of Land Management. (4) State forester.--The term ``State Forester'' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative Agreements and Contracts.-- (1) In general.--The Secretary concerned may enter into a cooperative agreement or contract (including a sole source contract) with a State Forester to authorize the State Forester to provide the forest, rangeland, and watershed restoration, management, and protection services described in paragraph (2) on Federal lands administered by the Secretary concerned in the eligible State. (2) Authorized services.--The forest, rangeland, and watershed restoration, management, and protection services referred to in paragraph (1) include the conduct of-- (A) activities to treat insect infected forests; (B) activities to reduce hazardous fuels; (C) activities involving commercial harvesting or other mechanical vegetative treatments; or (D) any other activities determined by the Secretary concerned to be appropriate to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent.--Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State Forester to serve as the agent for the Secretary concerned in providing the restoration, management, and protection services authorized under that paragraph. Even though the State Forester serves as the agent for the Secretary concerned, the employment laws otherwise applicable to the State, rather than the employment laws applicable to the Forest Service or Bureau of Land Management, shall control with regard to the cooperative agreement or contract and any subcontract. (4) Subcontracts.--In accordance with applicable contract procedures for the eligible State, a State Forester may enter into subcontracts to provide the restoration, management, and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of nepa responsibilities.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration, management, and protection services to be provided under this section by a State Forester on Federal land, shall not be delegated to a State Forester or any other officer or employee of the eligible State. (c) Applicable Law.--The restoration, management, and protection services to be provided under this section shall be carried out on a project-to-project basis under existing applicable authorities of the Forest Service and the Bureau of Land Management. (d) Termination of Effectiveness.--The authority of the Secretary concerned to enter into cooperative agreements and contracts under this Act terminates on September 30, 2023. (e) Duration of Contracts.--A cooperative agreement or contract entered into under this Act shall not extend beyond 20 years.

Fulfilling Our Responsibility for Efficient and Sustainable Timber Supply Act of 2013 or the FORESTS Act of 2013 - Extends through FY2023 the authority for the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship end result contracting projects with private persons or other public or private entities to perform services to achieve land management goals for national forests and public lands that meet local and rural community needs. Prohibits a multiyear stewardship contract from exceeding a 20-year period (under current law, a 10-year period). Bars the Secretary of Agriculture (USDA) and the Secretary of the Interior (the Secretaries) from being required to obligate funds to cover the costs of cancelling or terminating multiyear stewardship contracts or agreements until they are cancelled or terminated. Specifies the funding sources from which the costs of cancelling or terminating a multiyear stewardship contract may be paid. Requires 25% of timber sale receipts from a multiyear stewardship contract or agreement to be paid to the county within whose boundaries the receipts are derived. Authorizes the Secretaries to enter into cooperative agreements and contracts with state foresters to provide forest, rangeland, and watershed restoration and protection services. Permits state foresters to enter into subcontracts to provide such restoration and protection services. Prohibits the extension of such an agreement or contract beyond a 20-year period.

FORESTS Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Promotion Act of 2012''. SEC. 2. IMPROVED COORDINATION OF EXPORT PROMOTION ACTIVITIES OF FEDERAL AGENCIES BY THE TRADE PROMOTION COORDINATING COMMITTEE. (a) Duties of TPCC.--Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) in paragraph (5)-- (A) by inserting ``, including a recommendation for the unified Federal trade promotion budget required by subsection (c)(4)'' after ``assessment''; and (B) by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) in conducting assessments under paragraph (5), review the proposed budget for a fiscal year of each agency with responsibility for export promotion or export financing activities before the agency submits that budget to the Office of Management and Budget and the President for inclusion in the budget of the President for that fiscal year submitted to Congress under section 1105(a) of title 31, United States Code; and''. (b) Strategic Plan.--Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (6), (7), and (8), respectively; (2) in paragraph (2), by inserting after ``coordination of such activities'' the following: ``, based on consultations with, and recommendations from, a representative number of United States exporters and other types of export-related businesses''; (3) by inserting after paragraph (2) the following: ``(3) identify countries with which the United States could negotiate trade agreements to increase United States exports;''; (4) by inserting after paragraph (4), as redesignated, the following: ``(5) identify areas in which the TPCC can maximize existing partnerships with agencies by granting the TPCC the ability to partner with a partner of an agency that is a member of the TPCC without requiring an additional memorandum of understanding between the TPCC and that partner;''; (5) in paragraph (7), as redesignated, by striking ``; and'' and inserting a semicolon; and (6) by adding at the end the following: ``(9) review and propose means to improve educational outreach to small- and medium-sized businesses with respect to the resources available through the TPCC and agencies that are members of the TPCC, including by consulting with, and considering recommendations from, United States exporters and the Small Business Administration with respect to improving outreach by the TPCC; and ``(10) clearly describe the role of each agency that is a member of the TPCC and the responsibility of each such agency for export promotion and export financing.''. (c) Reports.--Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)) is amended to read as follows: ``(f) Reporting Requirements.-- ``(1) TPCC report.--Not later than 18 months after the date of the enactment of the Export Promotion Act of 2012, and March 30 of each year thereafter, the chairperson of the TPCC shall submit to the appropriate congressional committees a report that-- ``(A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of the plan, and any revisions to the plan; ``(B) assesses the performance of each agency that is a member of the TPCC with respect to Federal export promotion and export financing activities, including efforts to increase efficiency, decrease duplication, increase interagency coordination, and meet the goals of each such agency; ``(C) reviews the proposed annual budgets for each such agency and provides recommendations with respect to those budgets based on the strategic plan developed pursuant to subsection (c) and any anticipated revisions to the plan; and ``(D) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. ``(2) Government accountability office report.-- ``(A) In general.--Not later than 18 months after the date of the enactment of the Export Promotion Act of 2012, and every 2 years thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that assesses the effectiveness of the TPCC. ``(B) Elements.--The report required by subparagraph (A) shall include an assessment of the following: ``(i) The operational efficiency and effectiveness of the TPCC. ``(ii) The efforts of the TPCC to coordinate Federal export promotion and export financing activities, including efforts to coordinate the budgets of the agencies that are members of the TPCC. ``(iii) Duplication of administrative functions, client management functions, and resources among those agencies and measures to decrease such duplication, including by reducing the office space or other resources available to those agencies. ``(iv) Improvements in efficiency and decreases in duplication of efforts among those agencies realized by the TPCC. ``(v) Other relevant information on the overall effectiveness of the TPCC. ``(C) Consideration of changing strategy.--In preparing the report required by subparagraph (A), the Comptroller General shall take into account that the strategic plan of the TPCC is subject to change. ``(3) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate; and ``(B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives.''. (d) Export.gov; Regulations.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the end the following: ``(g) Information Available on Export.gov.--The TPCC shall coordinate with the agencies that are members of the TPCC to publish information relevant to export promotion and export financing on Export.gov (or a successor website), including-- ``(1) the information described in subsection (c)(10); and ``(2) detailed information on ongoing and anticipated trade missions, trade fairs, and related Federal and State export promotion and export financing activities. ``(h) Executive Order and Regulations.--Not later than 18 months after the date of the enactment of the Export Promotion Act of 2012, the President shall issue an executive order and such regulations as are necessary to provide the chairperson of the TPCC with the authority to ensure that the TPCC carries out each of its duties under subsection (b) and develops and implements the strategic plan under subsection (c).''. SEC. 3. EFFECTIVE DEPLOYMENT OF RESOURCES OF THE UNITED STATES AND FOREIGN COMMERCIAL SERVICE. Section 2301(c)(4) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(4)) is amended-- (1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (2) by striking ``(4) Foreign offices.--(A) The Secretary may'' and inserting the following: ``(4) Foreign offices.--(A)(i) The Secretary shall conduct a global assessment of overseas markets to identify the markets with the greatest potential for increasing United States exports and redeploy Commercial Service personnel and other resources on the basis of the global assessment. ``(ii) The assessment conducted under clause (i) shall take into consideration recommendations from a representative number of United States exporters. ``(iii) Not later than 180 days after the date of the enactment of the Export Promotion Act of 2012, the Secretary shall submit to Congress a report on the results of the first global assessment conducted under clause (i) and a plan for the redeployment of Commercial Service personnel and other resources on the basis of the global assessment. ``(iv) The Secretary shall conduct a global assessment and redeployment described in clause (i) not less frequently than once in every 5-year period. ``(B) The Secretary may''; and (3) in subparagraph (F), as redesignated, by striking ``is authorized, upon the request of the Secretary, to provide'' and inserting ``shall, upon the request of the Secretary, provide''. SEC. 4. STRENGTHENED COMMERCIAL DIPLOMACY TO INCREASE UNITED STATES EXPORTS. (a) Development of Plan.--Section 207(c) of the Foreign Service Act of 1980 (22 U.S.C. 3927(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2)(A) Each chief of mission to a foreign country shall develop a plan for effective diplomacy to remove or reduce obstacles to exports of United States goods and services, in consultation with-- ``(i) the ambassador of the United States to the country; ``(ii) the Assistant Secretary of Commerce and Director General of the Commercial Service (established by section 2301(a)(2) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(a)(2))); ``(iii) the heads of other Federal agencies with export promotion programs, acting through the Trade Promotion Coordinating Committee (established by section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)); and ``(iv) the trade advisory committees authorized by paragraphs (1) and (2) of section 135(c) of the Trade Act of 1974 (19 U.S.C. 2155(c)), if those committees request consultation. ``(B) The chief of mission shall submit the plan required by subparagraph (A) to the Secretary for review by the Secretary before implementing the plan.''. (b) Assessments and Promotions.--Section 603(a) of the Foreign Service Act of 1980 (22 U.S.C. 4003(a)) is amended, in the second sentence, by inserting after ``disciplinary actions,'' the following: ``assessments (with respect to members of the Service with responsibilities relating to economic affairs) of the effectiveness of efforts to promote the exportation of United States goods and services in accordance with the plan developed pursuant to section 207(c)(2),''. (c) Inspector General.--Section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: ``(5) the effectiveness of diplomacy relating to the promotion of exports of United States goods and services; and''.

Export Promotion Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) make a recommendation for the annual unified federal trade promotion budget to the President; and (2) review the proposed fiscal year budget of each federal agency with responsibility for export promotion or export financing activities before it is submitted to the Office of Management and Budget (OMB) and the President, when (as required by current law) assessing the appropriate levels and allocation of resources among such agencies in support of such activities. Requires the governmentwide strategic plan for federal trade promotion efforts, in conducting the review of current federal programs designed to promote the sale of U.S. exports and developing a plan to bring such activities into line with specified priorities, to be based on consultations with, and recommendations from, a representative number of U.S. exporters and other types of export-related businesses. Requires such plan, furthermore, to: (1) identify countries with which the United States could negotiate trade agreements to increase U.S. exports; (2) identify areas in which the TPCC can maximize existing partnerships with agencies by granting the TPCC the ability to partner with a partner of a TPCC member agency without requiring an additional memorandum of understanding between the TPCC and that partner; (3) review and propose means to improve educational outreach to small- and medium-sized businesses with respect to the resources available through the TPCC and its member agencies, including consulting with, and considering recommendations from, U.S. exporters and the Small Business Administration (SBA); and (4) clearly describe the role of each TPCC member agency and its responsibility for export promotion and export financing. Requires the TPCC to coordinate with TPCC member agencies to publish export promotion and export financing information on the Export.gov website. Directs the President to issue an executive order and necessary regulations to provide the TPCC chairperson with the authority to ensure that the TPCC carries out each of its duties and develops and implements the strategic plan. Requires the Secretary of Commerce to: (1) conduct at least once every five years a global assessment of overseas markets to identify those with the greatest potential for increasing U.S. exports, and (2) redeploy U.S. and Foreign Commercial Service personnel and other resources on the basis of that assessment. Amends the Foreign Service Act of 1980 to require each chief of mission to a foreign country to develop an approved plan for effective diplomacy to remove or reduce obstacles to exports of U.S. goods and services.

A bill to enhance the promotion of exports of United States goods and services, and for other purposes.

SECTION 1. EDUCATION AND OUTREACH. (a) State Program.-- (1) In general.--The Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall provide funds to each State for the purpose of enabling such States to conduct education and outreach activities relating to the health-related effects on children of exposure to environmental tobacco smoke. (2) Amount.--From amounts made available under subsection (d)(1) for each fiscal year, the Administrator shall provide to a State an amount that bears the same ratio to such available amounts as the population of the State bears to the total population of all States. (3) Use of funds.--A State shall use amounts received under this subsection to carry out activities consistent with the purpose of paragraph (1). (4) Minimum amount.--In providing funds to each State under this subsection, the Administrator shall ensure that no State receives less than \1/2\ of 1 percent of the amount available under subsection (e)(1) for a fiscal year for grants under this subsection. (5) Maximum amount.--In providing funds to each State under this subsection, the Administrator shall ensure that no State receives more than 2\1/2\ percent of the amount available under subsection (e)(1) for a fiscal year for grants under this subsection. (b) National Education and Outreach Campaign.--The Administrator shall use amounts made available under subsection (d)(2) in each fiscal year to establish a national education and outreach campaign relating to the effect on individuals of exposure to tobacco smoke and ways to minimize such exposure. In establishing such campaign, the Administrator shall-- (1) focus on children's exposure to environmental tobacco smoke in the home; and (2) coordinate activities with the Secretary of Health and Human Services and other Federal agencies as determined appropriate by the Administrator. (c) Peer Review.--The Administrator shall use amounts made available under subsection (d)(3) in each fiscal year to carry out research, and provide for peer review studies of research, related to the exposure of individuals to environmental tobacco smoke. (d) Funding.--The Administrator shall use amounts available for each fiscal year from any Trust Fund established as part of a national settlement on tobacco litigation to carry out this section. With respect to such amounts for any fiscal year, the Administrator shall utilize-- (1) $185,000,000 for each fiscal year to carry out subsection (a); (2) $10,000,000 for each fiscal year to carry out subsection (b); and (3) $5,000,000 for each of the fiscal years 1999 through 2008 to carry out subsection (c). (e) Sunset.--This section shall not apply after the expiration of the 25-year period beginning on the date of enactment of this Act. SEC. 2. PREEMPTION. The provisions of this Act shall not preempt any provision of State or local law that provides greater restrictions than those required in this Act. SEC. 3. COVERAGE OF FEDERAL BUILDINGS. (a) In General.--The provisions of Executive Order 13058 (62 FR 43451; August 13, 1997) shall apply to all facilities owned, rented, or leased by the executive, judicial, or legislative branches of the Federal Government (including independent agencies) and in any outdoor areas under executive, judicial or legislative branch control. (b) Enforcement.--The enforcement of the provisions described in subsection (a) shall be carried out by-- (1) in the case of facilities or areas to which subsection (a) applies that are under executive branch control, the head of the Federal agency involved; (2) in the case of facilities or areas to which subsection (a) applies that are under judicial branch control, the Director of the Administrative Office of the United States Courts; and (3) in the case of facilities or areas to which subsection (a) applies that are under legislative branch control, the Congressional Office of Compliance. SEC. 4. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS. (a) In General.--Section 41706 of title 49, United States Code, is amended to read as follows: ``Sec. 41706. Prohibitions against smoking on scheduled flights ``(a) Smoking Prohibition in Intrastate and Interstate Air Transportation.--An individual may not smoke in an aircraft on a scheduled airline flight segment in interstate air transportation or intrastate air transportation. ``(b) Smoking Prohibition in Foreign Air Transportation.--The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit, on and after the 120th day following the date of the enactment of this section, smoking in any aircraft on a scheduled airline flight segment within the United States or between a place in the United States and a place outside the United States. ``(c) Limitation on Applicability.--With respect to an aircraft operated by a foreign air carrier, the smoking prohibitions contained in subsections (a) and (b) shall apply only to the passenger cabin and lavatory of the aircraft. ``(d) Regulations.--The Secretary shall prescribe regulations necessary to carry out this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the 60th day following the date of the enactment of this Act.

Requires the Administrator of the Environmental Protection Agency to provide funds to States for purposes of conducting education and outreach activities relating to the health effects on children of exposure to environmental tobacco smoke. Directs the Administrator to use certain funds made available under this Act to: (1) establish a national education and outreach campaign relating to the effects on individuals of exposure to tobacco smoke and ways to minimize such exposure; and (2) carry out research, and provide for peer review studies, related to exposure to environmental tobacco smoke. Requires the Administrator to use amounts available from any trust fund established as part of a national settlement on tobacco litigation to carry out such activities. Sunsets such activities 25 years after this Act's enactment date. Applies a specified executive order for the protection of Federal employees and the public from exposure to tobacco smoke in executive branch workplaces to all facilities owned, rented, or leased by all branches of the Federal Government, including independent agencies, and in all outdoor areas under executive, judicial, or legislative branch control. Amends Federal transportation law to prohibit smoking in an aircraft (currently, in the passenger cabin or lavatory) on all scheduled airline flight segments in interstate or intrastate air transportation. Directs the Secretary of Transportation to require all domestic and foreign air carriers to prohibit smoking on any scheduled airline flight within the United States or between a place in the United States and a place outside of it. Applies such smoking prohibitions, with respect to foreign air carriers, only to passenger cabins and lavatories.

A bill to reduce exposure to environmental tobacco smoke.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sugar Reform Act of 2013''. SEC. 2. SUGAR PROGRAM. (a) Sugarcane.--Section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is amended-- (1) in paragraph (4), by striking ``and'' after the semicolon at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) 18 cents per pound for raw cane sugar for each of the 2013 through 2017 crop years.''. (b) Sugar Beets.--Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by striking ``2012'' and inserting ``2017''. (c) Effective Period.--Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking ``2012'' and inserting ``2017''. SEC. 3. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR. (a) In General.--Section 359b of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb) is amended-- (1) in subsection (a)(1)-- (A) in the matter before subparagraph (A), by striking ``2012'' and inserting ``2017''; and (B) in subparagraph (B), by inserting ``at reasonable prices'' after ``stocks''; and (2) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``but'' after the semicolon at the end and inserting ``and''; and (B) by striking subparagraph (B) and inserting the following: ``(B) appropriate to maintain adequate domestic supplies at reasonable prices, taking into account all sources of domestic supply, including imports.''. (b) Establishment of Flexible Marketing Allotments.--Section 359c of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``but'' after the semicolon at the end and inserting ``and''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) appropriate to maintain adequate supplies at reasonable prices, taking into account all sources of domestic supply, including imports.''; and (B) in paragraph (2)(B), by inserting ``at reasonable prices'' after ``market''; and (2) in subsection (g)(1)-- (A) by striking ``Adjustments.--'' and all that follows through ``Subject to subparagraph (B), the'' and inserting ``Adjustments.--The''; and (B) by striking subparagraph (B). (c) Suspension or Modification of Provisions.--Section 359j of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj) is amended by adding at the end the following: ``(c) Suspension or Modification of Provisions.--Notwithstanding any other provision of this part, the Secretary may suspend or modify, in whole or in part, the application of any provision of this part if the Secretary determines that the action is appropriate, taking into account-- ``(1) the interests of consumers, workers in the food industry, businesses (including small businesses), and agricultural producers; and ``(2) the relative competitiveness of domestically produced and imported foods containing sugar.''. (d) Administration of Tariff Rate Quotas.--Section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is amended to read as follows: ``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS. ``(a) Establishment.--Notwithstanding any other provision of law, at the beginning of the quota year, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugar at no less than the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. ``(b) Adjustment.-- ``(1) In general.--Subject to subsection (a), the Secretary shall adjust the tariff-rate quotas for raw cane sugar and refined sugar to provide adequate supplies of sugar at reasonable prices in the domestic market. ``(2) Ending stocks.--Subject to paragraphs (1) and (3), the Secretary shall establish and adjust tariff-rate quotas in such a manner that the ratio of sugar stocks to total sugar use at the end of the quota year will be approximately 15.5 percent. ``(3) Maintenance of reasonable prices and avoidance of forfeitures.-- ``(A) In general.--The Secretary may establish a different target for the ratio of ending stocks to total use if, in the judgment of the Secretary, the different target is necessary to prevent-- ``(i) unreasonably high prices; or ``(ii) forfeitures of sugar pledged as collateral for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272). ``(B) Announcement.--The Secretary shall publicly announce any establishment of a target under this paragraph. ``(4) Considerations.--In establishing tariff-rate quotas under subsection (a) and making adjustments under this subsection, the Secretary shall consider the impact of the quotas on consumers, workers, businesses (including small businesses), and agricultural producers. ``(c) Temporary Transfer of Quotas.-- ``(1) In general.--To promote full use of the tariff-rate quotas for raw cane sugar and refined sugar, notwithstanding any other provision of law, the Secretary shall promulgate regulations that provide that any country that has been allocated a share of the quotas may temporarily transfer all or part of the share to any other country that has also been allocated a share of the quotas. ``(2) Transfers voluntary.--Any transfer under this subsection shall be valid only on voluntary agreement between the transferor and the transferee, consistent with procedures established by the Secretary. ``(3) Transfers temporary.-- ``(A) In general.--Any transfer under this subsection shall be valid only for the duration of the quota year during which the transfer is made. ``(B) Following quota year.--No transfer under this subsection shall affect the share of the quota allocated to the transferor or transferee for the following quota year.''. (e) Effective Period.--Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking ``2012'' and inserting ``2017''. SEC. 4. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS. (a) In General.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (b) Conforming Amendments.-- (1) Section 359a(3)(B) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa(3)(B)) is amended-- (A) in clause (i), by inserting ``and'' after the semicolon at the end; (B) in clause (ii), by striking ``; and'' at the end and inserting a period; and (C) by striking clause (iii). (2) Section 359b(c)(2)(C) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking ``, except for'' and all that follows through `` of 2002''.

Sugar Reform Act of 2013 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to make loans available to processors of domestically grown sugarcane (18 cents per pound) and sugar beet processors through FY2017. Amends the Agricultural Adjustment Act of 1938 to direct the Secretary of Agriculture (USDA) to make specified sugarcane and sugar beet quantity estimates through crop year 2017. Requires that sugar allotments be appropriate to maintain adequate supplies at reasonable prices, taking into account all domestic supply sources, including imports. Authorizes the Secretary to suspend or modify marketing allotments, taking into account: (1) the interests of consumers, food industry workers, businesses, and agricultural producers; and (2) the competitiveness of domestically produced and imported foods containing sugar. Revises sugar tariff-rate quota adjustment provisions to direct the Secretary to: (1) adjust tariff-rates to provide adequate domestic sugar supplies at reasonable prices, (2) establish and adjust tariff-rate quotas so that the ratio of sugar stocks to total sugar use at the end of the quota year will be approximately 15.5%, and (3) promulgate regulations that permit any country that has been allocated a quota share to temporarily transfer all or part of the share to any other country that has also been allocated a quota share. Extends flexible marketing sugar allotment authority through crop year 2017. Amends the Farm Security and Rural Investment Act of 2002 to repeal the feedstock flexibility program for bioenergy producers.

Sugar Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Voter Registration Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Americans have become increasingly comfortable with using the Internet for a wide range of purposes, including gathering information, purchasing items, performing financial transactions, and obtaining information and services from the Government. (2) In 2008, 74 percent of adults in the United States reported using the Internet, according to the Pew Internet and American Life Project. Of those adults, 89 percent reported using the Internet to find information, 71 percent made purchases over the Internet, 70 percent read news online, 56 percent looked up campaign or political information, 55 percent utilized online banking, and 59 percent visited Government Internet Web sites. (3) The Internet is well-suited to allow individuals to provide and update personal information. Completing such tasks online saves time, reduces paper, increases efficiency, and lowers costs. (4) Many States already allow citizens to access Government services online, including renewing driver's licenses and registering cars. (5) Two States, Arizona and Washington, have already implemented online voter registration systems, and a number of other States are in the process of adopting online voter registration systems. (6) Although 2008 was the first election cycle that the online voter registration system was in place in Washington State, in the month prior to the general election, voter use of the online voter registration system exceeded that of mail-in registration cards by more than 20 percent. (7) Younger adults who are registering to vote for the first time are the most adept Internet users and expect to be able to accomplish most tasks online. In 2008, 87 percent of adults age 18 to 29 used the Internet. In Washington State, voters age 18 to 24 had the highest rate of use of its online voter registration system. (8) During the 2008 election cycle, Washington State processed about 130,000 online voter registration transactions. (9) Implementing an online voter registration requires an initial investment to purchase the needed technology and to input existing voter information into the registration database. Washington State, for example, spent $278,000 to establish its online voter registration system. (10) Once in place, online voter registration systems allow the processing of new voter registrations, changes of address or party, and requests for absentee ballots. (11) Washington State reports that it costs approximately 25 cents to process paper voter registration cards and 43 cents to process those submitted via the department of motor vehicles in compliance with the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). Voters must also pay postage costs for registration cards sent through the mail. Once in place, the online voter registration system requires no processing by staff in order to complete a transaction, and therefore has no per transaction cost. For the 2008 general election, the online voter registration system saved Washington State $32,500, and saved consumers $54,600 in postage costs, which resulted in total savings to the State and consumers of over $87,000. SEC. 3. DEFINITIONS. In this Act: (1) Election.--The term ``election'' means any general, special, primary, or runoff election. (2) Participating state.--The term ``participating State'' means a State receiving a grant under the Online Voter Registration grant program under section 4. (3) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 4. ONLINE VOTER REGISTRATION GRANT PROGRAM. (a) Establishment.--The Election Assistance Commission shall establish an Online Voter Registration grant program (in this section referred to as the ``program''). (b) Purpose.--The purpose of the program is to make grants to participating States solely for the implementation of online voter registration systems. (c) Limitation on Use of Funds.--In no case may grants made under this section be used to reimburse a State for costs incurred in implementing online voter registration systems at the State or local government level if such costs were incurred prior to October 1, 2009. (d) Application.--A State seeking to participate in the program under this section shall submit an application to the Election Assistance Commission containing such information, and at such time, as the Election Assistance Commission may specify. (e) Amount and Awarding of Implementation Grants; Duration of Program.-- (1) Amount of implementation grants.-- (A) In general.--The amount of an implementation grant made to a participating State shall be $150,000. (B) Continuing availability of funds after appropriation.--An implementation grant made to a participating State under this section shall be available to the State without fiscal year limitation. (2) Awarding of implementation grants.-- (A) In general.--The Election Assistance Commission shall award implementation grants during each year in which the program is conducted. (B) One grant per state.--The Election Assistance Commission shall not award more than 1 implementation grant to any participating State under this section over the duration of the program. (3) Duration.--The program shall be conducted for a period of 5 years. (f) Requirements.--A participating State shall establish and implement an online voter registration system which individuals may use to register to vote, update voter registration information, and request an absentee ballot in the State. (g) Best Practices, Technical Assistance, and Reports.-- (1) In general.--The Election Assistance Commission shall-- (A) develop, periodically issue, and, as appropriate, update best practices for implementing online voter registration systems; (B) provide technical assistance to participating States for the purpose of implementing online voter registration systems; and (C) submit to the appropriate committees of Congress-- (i) annual reports on the implementation of such online voter registration systems by participating States during each year in which the program is conducted; and (ii) upon completion of the program conducted under this section, a final report on the program, together with recommendations for such legislation or administrative action as the Election Assistance Commission determines to be appropriate. (2) Consultation.--In developing, issuing, and updating best practices, developing materials to provide technical assistance to participating States, and developing the annual and final reports under paragraph (1), the Election Assistance Commission shall consult with interested parties, including-- (A) State and local election officials; and (B) voting rights groups, voter protection groups, groups representing the disabled, and other civil rights or community organizations. (h) Authorization of Appropriations.-- (1) Grants.--There are authorized to be appropriated to award grants under this section, for each of fiscal years 2010 through 2016, $1,800,000, to remain available without fiscal year limitation until expended. (2) Administration.--There are authorized to be appropriated to administer the program under this section, $200,000 for the period of fiscal years 2010 through 2016, to remain available without fiscal year limitation until expended. (i) Rule of Construction.--Nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.). (2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). (3) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (4) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (5) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). (6) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

Online Voter Registration Act of 2010 - Directs the Election Assistance Commission to establish a program of Online Voter Registration grants to states to implement online voter registration systems.

A bill to establish an Online Voter Registration grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Regulations Act of 2012''. SEC. 2. TRANSPORTATION FUELS REGULATORY COMMITTEE. (a) Establishment.--The President shall establish a committee to be known as the Transportation Fuels Regulatory Committee (in this Act referred to as the ``Committee'') to analyze and report on the cumulative impacts of certain rules and actions of the Environmental Protection Agency on gasoline, diesel fuel, and natural gas prices, in accordance with sections 3 and 4. (b) Members.--The Committee shall be composed of the following officials (or their designees): (1) The Secretary of Energy, who shall serve as the Chair of the Committee. (2) The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. (3) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade. (4) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics. (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury. (6) The Secretary of Agriculture, acting through the Chief Economist. (7) The Administrator of the Environmental Protection Agency. (8) The Chairman of the United States International Trade Commission, acting through the Director of the Office of Economics. (9) The Administrator of the Energy Information Administration. (c) Consultation by Chair.--In carrying out the functions of the Chair of the Committee, the Chair shall consult with the other members of the Committee. (d) Termination.--The Committee shall terminate 60 days after submitting its final report pursuant to section 4(c). SEC. 3. ANALYSES. (a) Scope.--The Committee shall conduct analyses, for each of the calendar years 2016 and 2020, of the cumulative impact of all covered rules, in combination with covered actions. (b) Contents.--The Committee shall include in each analysis conducted under this section the following: (1) Estimates of the cumulative impacts of the covered rules and covered actions with regard to-- (A) any resulting change in the national, State, or regional price of gasoline, diesel fuel, or natural gas; (B) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; (C) global economic competitiveness of the United States and any loss of domestic refining capacity; (D) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; and (E) national, State, and regional employment, including impacts associated with changes in gasoline, diesel fuel, or natural gas prices and facility closures. (2) Discussion of key uncertainties and assumptions associated with each estimate under paragraph (1). (3) A sensitivity analysis reflecting alternative assumptions with respect to the aggregate demand for gasoline, diesel fuel, or natural gas. (4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on-- (A) consumers; (B) small businesses; (C) regional economies; (D) State, local, and tribal governments; (E) low-income communities; (F) public health; and (G) local and industry-specific labor markets, as well as key uncertainties associated with each topic listed in subparagraphs (A) through (G). (c) Methods.--In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A-4. (d) Data.--In conducting analyses under this section, the Committee is not required to create data or to use data that is not readily accessible. (e) Covered Rules.--In this section, the term ``covered rule'' means the following rules (and includes any successor or substantially similar rules): (1) ``Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards'', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86. (2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries. (3) Any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (4) ``National Ambient Air Quality Standards for Ozone'', published at 73 Federal Register 16436 (March 27, 2008); ``Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards'', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AP98; and any subsequent rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (f) Covered Actions.--In this section, the term ``covered action'' means any action, to the extent such action affects facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas, taken on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality), or title V (relating to permitting), of the Clean Air Act (42 U.S.C. 7401 et seq.), to an air pollutant that is identified as a greenhouse gas in the rule entitled ``Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act'' published at 74 Federal Register 66496 (December 15, 2009). SEC. 4. REPORTS; PUBLIC COMMENT. (a) Preliminary Report.--Not later than 90 days after the date of enactment of this Act, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 3. (b) Public Comment Period.--The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 60 days after such submission. (c) Final Report.--Not later than 60 days after the close of the public comment period under subsection (b), the Committee shall submit to Congress a final report containing the analyses conducted under section 3, including any revisions to such analyses made as a result of public comments, and a response to such comments. SEC. 5. NO FINAL ACTION ON CERTAIN RULES. (a) In General.--The Administrator of the Environmental Protection Agency shall not finalize any of the following rules until a date (to be determined by the Administrator) that is at least 6 months after the day on which the Committee submits the final report under section 4(c): (1) ``Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards'', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86, and any successor or substantially similar rule. (2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries. (3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (b) Other Rules Not Affected.--Subsection (a) shall not affect the finalization of any rule other than the rules described in such subsection. SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE. In revising or supplementing any national primary or secondary ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409), the Administrator of the Environmental Protection Agency shall take into consideration feasibility and cost.

Gasoline Regulations Act of 2012 - Requires the President to establish the Transportation Fuels Regulatory Committee to analyze and report, for each of 2016 and 2020, on the cumulative impacts of certain covered rules and actions under the Clean Air Act, including the impacts on gasoline, diesel fuel, and natural gas prices, operating costs, consumers, regional economies, U.S. competitiveness, small businesses, employment, labor markets, public health, and state, local, and tribal governments. Designates as "covered rules": (1) the rule entitled "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards"; (2) any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; (3) any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under the Clean Air Act; (4) the rules entitled "National Ambient Air Quality Standards for Ozone" and "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards" and any subsequent rule revising or supplementing the national ambient air quality standards for ozone; and (5) any successor or substantially similar rules. Defines a "covered action" as any action affecting facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas taken on or after January 1, 2009, by the Environmental Protection Agency (EPA), a state or local government, or a permitting agency as a result of the application of provisions of the Clean Air Act relating to operating permits or the prevention of significant deterioration of air quality to an air pollutant that is identified as a greenhouse gas in the rule entitled "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act." Prohibits the Administrator from finalizing the following rules until at least six months after the Committee submits its final report: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" and any successor or substantially similar rule; (2) any rule proposed after March 15, 2012, establishing or revising a performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; and (3) any rule revising or supplementing the national ambient air quality standards for ozone under the Clean Air Act. Requires the EPA Administrator to consider feasibility and cost in revising or supplementing any such standards for ozone.

To require analyses of the cumulative impacts of certain rules and actions of the Environmental Protection Agency that impact gasoline, diesel fuel, and natural gas prices, jobs, and the economy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parents and Teachers Know Best Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to repeal the Goals 2000: Educate America Act and the National Skill Standards Act of 1994 to allow local educational areas to use funds to continue or establish education programs that meet the unique needs of such areas. SEC. 3. REPEALS. The Goals 2000: Educate America Act and the National Skill Standards Act of 1994 are repealed. SEC. 4. ALLOTMENT; DISTRIBUTION. (a) Reservation.--From the amounts made available to carry out this Act, the Secretary of Education shall reserve not more than-- (1) one-half of one percent for payments to outlying areas to be allotted in accordance with the respective needs of such areas; and (2) one-half of one percent for payments to the Secretary of the Interior to carry out programs under this Act for Indian tribes. (b) Allotment and Distribution.-- (1) State allotment.--From the amount appropriated under section 7 and not reserved under subsection (a) in each fiscal year, the Secretary shall make allotments to State educational agencies that request to receive a grant under this Act as follows: (A) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received under title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year if funds under such title for such preceding fiscal year had not been reserved for outlying areas. (B) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received under title VI of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year if funds under such title for such preceding fiscal year had not been reserved for outlying areas. (2) Local distribution.--Each State educational agency shall distribute to each local educational agency in such State that requests to receive a grant under this Act an amount which bears the same ratio to the amount such State educational agency received under paragraph (1) as the school-age population of the geographic area under the jurisdiction of the local educational agency bears to the school-age population of such State. SEC. 5. USES OF FUNDS. Funds received under this Act may be used for the following purposes: (1) Technology.--Technology related to the implementation of school-based reform programs, including professional development to assist teachers and other school officials regarding how to use effectively such equipment and software. (2) Educational materials.--Programs for the acquisition and use of instructional and educational materials, including library services and materials (including media materials), assessments, reference materials, computer software and hardware for instructional use, and other curricular materials which are tied to high academic standards and which will be used to improve student achievement and which are part of an overall education reform program. (3) Reform.--Promising education reform projects, including effective schools and magnet schools. (4) Improved thinking skills.--Programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school. (5) Literacy programs.--Programs to combat illiteracy in the student and adult population, including parent illiteracy. (6) Gifted and talented programs.--Programs to provide for the educational needs of gifted and talented children. (7) School improvement programs.--School improvement programs or activities under sections 1116 and 1117 of the Elementary and Secondary Education Act of 1965. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (2) the term ``local educational agency'' shall have the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965; (3) the term ``outlying areas'' means Guam, American Samoa, the Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and the Commonwealth of the Northern Mariana Islands; (4) the term ``school-age population'' means the population in a geographic area aged 5 through 17; (5) the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, but does not include the outlying areas or Indian tribes; and (6) the term ``State educational agency'' means the agency in a State primarily responsible for the State supervision of public elementary and secondary schools. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act an amount equal to the amounts most recently appropriated to carry out the Goals 2000: Educate America Act and the National Skill Standards Act of 1994 as of the date of the enactment of this Act. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the first day of the first fiscal year following the fiscal year in which this Act is enacted.

Parents and Teachers Know Best Act of 1997 - Repeals the Goals 2000: Educate America Act and the National Skill Standards Act of 1994. Directs the Secretary of Education to make grants to requesting State educational agencies, which shall distribute grant funds to local educational agencies according to a specified formula, for: (1) technology related to the implementation of school-based reform programs, including professional development to assist teachers to use such equipment and software; (2) acquisition and use of instructional and educational materials related to such reform programs; (3) education reform projects, including effective schools and magnet schools; (4) programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school; (5) literacy programs for student and adults, including parents; (6) gifted and talented programs; and (7) school improvement programs or specified activities under the Elementary and Secondary Education Act of 1965. Authorizes appropriations.

Parents and Teachers Know Best Act of 1997

SECTION 1. MEDICARE SUBVENTION FOR MILITARY RETIREES AND DEPENDENTS. (a) Expansion of Sites.-- (1) Expansion to 16 sites.--Effective January 1, 2000, subsection (b)(2) of section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is amended by striking ``6'' and inserting ``16''. (2) Future repeal of limitation on number of sites.-- Effective October 1, 2002, paragraph (2) of section 1896(b) of such Act is amended to read as follows: ``(2) Location of sites.-- ``(A) In general.--Subject to subparagraph (B), the program shall be conducted in any site designated jointly by the administering Secretaries. ``(B) Fee-for-service.--If feasible, at least 1 of the sites designated under subparagraph (A) shall be conducted using the fee-for-service reimbursement method described in subsection (l).''. (b) Making Project Permanent; Changes in Project References.-- (1) Elimination of time limitation.--Paragraph (4) of section 1896(b) of such Act is repealed. (2) Conforming changes of references to demonstration project.--Section 1896 of such Act is further amended-- (A) in the heading, by striking ``demonstration project'' and inserting ``program''; (B) by amending subsection (a)(2) to read as follows: ``(2) Program.--The term `program' means the program carried out under this section.''; (C) in the heading to subsection (b), by striking ``Demonstration Project'' and inserting ``Program''; (D) by striking ``demonstration project'' or ``project'' each place either appears and inserting ``program''; and (E) in subsection (k)(2)-- (i) in the heading, by striking ``extension and expansion of demonstration project'' and inserting ``program''; and (ii) by striking subparagraphs (A) through (C) and inserting the following: ``(A) whether there is a cost to the health care program under this title in conducting the program under this section; and ``(B) whether the terms and conditions of the program should be modified.''. (3) Repeal of obsolete reporting requirement.--Paragraph (5) of section 1896(b) of such Act is repealed. (c) Permitting Payment on a Fee-for-Service Basis.-- (1) In general.--Section 1896 of the Social Security Act is further amended by adding at the end the following new subsection: ``(l) Reimbursement on Fee-for-Service Basis For Services Provided to Unenrolled Individuals.--Notwithstanding subsection (i), in the case of medicare-eligible military retirees or dependents who are not enrolled in the program under this section, the Secretary may reimburse the Secretary of Defense for medicare health care services provided to such retirees or dependents at a military treatment facility under the program at a rate that does not exceed the rate of payment that would otherwise be made under this title for such services if sections 1814(c) and 1835(d), and paragraphs (2) and (3) of section 1862(a), did not apply.''. (2) Conforming amendments.--Such section is further amended-- (A) in subsections (b)(1)(B)(v) and (b)(1)(B)(viii)(I), by inserting ``or subsection (l)'' after ``subsection (i)''; (B) in subsection (b)(2), by adding at the end the following: ``If feasible, at least 1 of the sites shall be conducted using the fee-for-service reimbursement method described in subsection (l).''; (C) in subsection (d)(1)(A), by inserting ``(insofar as it provides for the enrollment of individuals and payment on the basis described in subsection (i))'' before ``shall meet''; (D) in subsection (d)(1)(A), by inserting ``and the program (insofar as it provides for payment for medicare health care services provided at a military treatment facility on the basis described in subsection (l)) shall meet all requirements that are applicable to facilities that provide such services under this title'' after ``medicare payments''; (E) in subsection (d)(2), by inserting ``, insofar as it provides for the enrollment of individuals and payment on the basis described in subsection (i),'' before ``shall comply''; (F) in subsection (g)(1), by inserting ``, insofar as it provides for the enrollment of individuals and payment on the basis described in subsection (i),'' before ``the Secretary of Defense''; (G) in subsection (i)(1), by inserting ``and subsection (l)'' after ``of this subsection''; (H) in subsection (i)(4), by inserting ``and subsection (l)'' after ``under this subsection''; and (I) in subsection (j)(2)(B)(ii), by inserting ``or subsection (l)'' after ``subsection (i)(1)''. (3) Effective date.--The amendments made by this subsection take effect on January 1, 2000, and apply to services furnished on or after such date. (d) Elimination of Restriction on Eligibility.--Section 1896(b)(1) of such Act is amended by adding at the end the following new subparagraph: ``(C) Elimination of restrictive policy.--If the enrollment capacity in the program has been reached at a particular site designated under paragraph (2) and the Secretary therefore limits enrollment at the site to medicare-eligible military retirees and dependents who are enrolled in TRICARE Prime (as defined for purposes of chapter 55 of title 10, United States Code) at the site immediately before attaining 65 years of age, participation in the program by a retiree or dependent at such site shall not be restricted based on whether the retiree or dependent has a civilian primary care manager instead of a military primary care manager.''. (e) Medigap Protection for Enrollees.--Section 1896 of such Act is further amended by adding at the end the following new subsection: ``(m) Medigap Protection for Enrollees.-- ``(1) In General.--Subject to paragraph (2), the provisions of section 1882(s)(3) (other than clauses (i) through (iv) of subparagraph (B)) and 1882(s)(4) shall apply to any enrollment (and termination of enrollment) in the program (for which payment is made on the basis described in subsection (i)) in the same manner as they apply to enrollment (and termination of enrollment) with a Medicare+Choice organization in a Medicare+Choice plan. ``(2) Rule of construction.--In applying paragraph (1)-- ``(A) in the case of enrollments occurring before January 1, 2000, any reference in clause (v) or (vi) of section 1882(s)(3)(B) to 12 months is deemed a reference to the period ending on December 31, 2000; and ``(B) the notification required under section 1882(s)(3)(D) shall be provided in a manner specified by the Secretary of Defense in consultation with the Director of the Office of Personnel Management.''.

Increases the number of authorized sites for the Medicare subvention demonstration project for certain Medicare-eligible military retirees and their dependents (a project established by the Balanced Budget Act of 1997 under title XVIII (Medicare) of the Social Security Act). Provides for the future repeal of the limitation on the number of such sites (thus allowing the project to be conducted at any site designed by the Secretary of Health and Human Services and the Secretary of Defense acting jointly). Makes the project permanent. Makes further changes regarding the project, permitting payment under it to be made on a fee-for-service basis for certain Medicare-eligible eligible military retirees and their dependents not enrolled in the project, and eliminating certain restrictive project participation policy. Applies to certain Medigap (Medicare supplemental health insurance policy) enrollees the same protections (prohibitions against issuer discrimination) as apply to enrollment (and termination of enrollment) with a Medicare+Choice organization in a Medicare+Choice plan under Medicare part C (Medicare+Choice).

A bill to amend title XVIII of the Social Security Act to expand and make permanent the medicare subvention demonstration project for military retirees and dependents

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending VA Claims Disability Backlog and Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Secretary of Veterans Affairs is statutorily obligated to provide to individuals who served in the Armed Forces and sustained an injury as a direct result of such service with health care, disability compensation, and related resources. (2) Disability compensation payments are intended to provide relief for some of the socioeconomic and other losses veterans experience as a result of service-connected diseases and injuries. (3) A recent review by the Government Accountability Office found that the backlog of disability claims at the Department of Veterans Affairs has more than tripled since 2009 and the average length of time to complete a claim has increased from 161 days in 2009 to 260 days in 2012. (4) In August 2012, approximately 568,043 claims or two- thirds of all compensation rating claims are backlogged. (5) The Government Accountability Office found that delays in obtaining service and medical records for veterans who served in the National Guard or Reserve is a significant factor in lengthening the claims process for these veterans even though they make up 43 percent of veterans who served during the Global War on Terrorism. (6) The Government Accountability Office found that if a veteran submits a disability claim and reports receiving disability benefits from the Social Security Administration, the Department of Veterans Affairs is required to help the veteran obtain relevant Federal records, including medical records from the Social Security Administration to process the claim. (7) There is an interagency agreement between the Department of Veterans Affairs and the Social Security Administration, but the protocols of the Department and the response time of the Administration can take a year before the Department has obtained the requested information. (8) The Government Accountability Office found that approximately 50 percent of claims processing staff have been in their current role for less than two years and are not yet proficient in their duties requiring supervision and review from more experienced claims processing staff, diverting them from their claims processing responsibilities. (9) Veterans and their families have already selflessly and willingly sacrificed for our nation and faced numerous hardships; they should not have to continue to face undue and avoidable hardships after their service as they seek the benefits they earned. (10) On March 24, 2013, the Secretary of Veterans Affairs Eric K. Shinseki stated in an interview on State of the Union television show, ``no veteran should have to wait for claims as they are today. We have a fix for this. We're open for business. And we will end the backlog in 2015.''. (11) On April 15, 2013, the Secretary, in written testimony before the Committee on Veterans' Affairs of the Senate, again stated that the ``VA remains focused on eliminating the disability claims backlog in 2015 and processing all claims within 125 days at a 98-percent accuracy level.''. (12) On April 19, 2013, the Secretary again stated in a New York Times article titled ``V.A. Aims to Reduce Its Backlog of Claims'', that the Department will ``eliminate the backlog by 2015.''. (13) Numerous congressional inquiries for progress reports and detailed information regarding the disability claims backlog remain unanswered, while the Secretary continues to state the claims backlog will be eliminated by 2015, claims processing accuracy will be increased to 98 percent, and claims processing will take no longer than 125 days as a direct result of the ``Strategic Plan to Eliminate the Compensation Claims Backlog'' of the Department. (14) The Government Accountability Office found that the ``Strategic Plan to Eliminate the Compensation Claims Backlog'' of the Department does not adequately articulate how the Department will meet its goals, and planning documents that the Department provided does not meet the established criteria of the Government Accountability Office for sound planning, potentially leading to concerns about the ability of the Department to reduce claims backlogs. SEC. 3. TIMELINE AND METRICS TO RESOLVE BACKLOG OF DISABILITY CLAIMS. (a) Implementation of Strategic Plan To Eliminate the Compensation Claims Backlog.--The Secretary of Veterans Affairs shall implement the Strategic Plan to Eliminate the Compensation Claims Backlog, published by the Secretary on January 25, 2013, to ensure that by Memorial Day (May 25), 2015, each claim for disability compensation under the laws administered by the Secretary (in this Act referred to as a ``claim'') is approved or denied by not later than 125 days after the date on which the claim is submitted with an accuracy rate of 98 percent. (b) Supplemental Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a supplemental report to the Strategic Plan to Eliminate the Compensation Claims Backlog that includes the following: (1) Specific measures, procedures, and metrics to assess the implementation of the plan pursuant to subsection (a). (2) A detailed timeline to implement each initiative contained in the Strategic Plan to Eliminate the Compensation Claims Backlog. SEC. 4. EXPEDITION OF TRANSFER OF CERTAIN RECORDS. (a) SSA Records.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Commissioner of the Social Security Administration to ensure that the Commissioner transfers to the Secretary disability or medical records of the Commissioner that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (b) DOD Records.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Defense to ensure that the Secretary of Defense transfers to the Secretary of Veterans Affairs medical records of members or former members of the Armed Forces that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (c) National Guard Records.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly-- (1) submit to Congress a plan to reduce to 30 days the amount of time needed to provide members of the National Guard and the Secretary of Veterans Affairs with the medical records of such members, including by partnering with appropriate officials of Federal or State departments or agencies; and (2) implement such plan. SEC. 5. CLAIMS PROCESSORS TRAINING. (a) Establishment.--The Secretary of Veterans Affairs shall establish a training program to provide newly hired claims processors of the Department of Veterans Affairs with training for a period of not less than three years. In carrying out such program, the Secretary shall identify successful claims processors of the Department who can assist in the training of newly hired claims processors. (b) Ability to Process Claims.--The Secretary shall carry out the training program established under subsection (a) without increasing the amount of time in which claims are processed by the Department. SEC. 6. REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES. (a) Reports.--Not later than 90 days after the date of the enactment of this Act, and each 90-day period thereafter, the Comptroller General of the United States shall submit to Congress a report on the progress of the Secretary of Veterans Affairs in implementing the Strategic Plan to Eliminate the Compensation Claims Backlog pursuant to section 3(a). (b) Matters Included.--Each report under subsection (a) shall include the following: (1) Whether the Secretary is meeting the timeline of the Strategic Plan to Eliminate the Compensation Claims Backlog. (2) An analysis of the implementation by the Secretary of such plan. (3) Administrative or regulatory recommendations of the Comptroller General with respect to improving the ability of the Secretary to carry out section 3(a).

Ending VA Claims Disability Backlog and Accountability Act - Directs the Secretary of Veterans Affairs (VA) to implement the Strategic Plan to Eliminate the Compensation Claims Backlog (Plan) to ensure that, by Memorial Day (May 25) 2015, each VA disability claim is approved or denied within 125 days after its submission, with an accuracy rate of 98%. Requires a supplemental report from the Secretary to Congress on specific measures to assess implementation of the Plan and a detailed timeline to implement each initiative contained in the Plan. Directs the Secretary to enter into agreements with the Commissioner of the Social Security Administration and the Secretary of Defense (DOD) to ensure that such Commissioner and DOD Secretary transfer to the VA disability or medical records the VA Secretary will use to evaluate a disability claim by not later than 30 days after the VA Secretary requests such records. Requires the two Secretaries to submit to Congress, and implement, a plan to reduce to 30 days the time needed to provide members of the National Guard and the VA Secretary with the medical records of such members. Requires the VA Secretary to establish a three-year training program for newly-hired VA claims processors. Directs the Comptroller General to report to Congress every 90 days on the Secretary's progress in implementing the Plan.

Ending VA Claims Disability Backlog and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Wireless Internet Act''. SEC. 2. OPEN ACCESS SPECTRUM AUCTION. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(17) Open access spectrum auction.-- ``(A) Auctions required.--The Commission shall promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of not less than 15 years, for 2 bands of frequencies that consist of an initial band and a second band of frequencies-- ``(i) each of which shall be composed of 20 megahertz of unpaired contiguous spectrum; ``(ii) the initial band of which shall be spectrum located between 2155 and 2180 megahertz, inclusive; and ``(iii) the second band of which shall be spectrum that-- ``(I) is located under 3 gigahertz; and ``(II) is not part of the recovered analog spectrum, as such term is defined in paragraph (15)(C)(vi). ``(B) Deadlines for initial auction.--The Commission shall carry out the initial auctions required by this paragraph by-- ``(i) commencing an auction of a single nationwide license for the initial band described in subparagraph (A)(ii) not later than 180 days after the date of enactment of the Open Wireless Internet Act of 2008; and ``(ii) depositing the proceeds of such auction in accordance with paragraph (8)(A) not later than 210 days after such date of enactment. ``(C) Second auction.--The Commission shall commence and complete a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz within 1 year of such date of enactment. Such auction shall be conducted without the conditions specified in subparagraph (F) unless the Commission finds it is in the public interest to do so pursuant to a rulemaking. ``(D) Interference protection.-- ``(i) In general.--The Commission shall ensure that licensees of spectrum obtained pursuant to an auction under this paragraph do not cause harmful interference to, and are protected from harmful interference from, licensees of adjacent spectrum, including by establishing technical and operational rules that are consistent with technical specifications established by telecommunications standards bodies for use of the 2110 through 2170 megahertz band. ``(ii) Preventing harmful interference.-- ``(I) Study.--The Commission shall conduct a study on the potential for harmful interference between spectrum bands from operations in the spectrum band described under subparagraph (A)(ii), including receiver overload, excessive out-of-band emissions, mobile-to-mobile interference for voice and data services, and the mitigating effect, if any, of handset filters installed in mobile stations used in adjacent spectrum bands. ``(II) Contents of study.--The study required under subclause (I) shall reflect real deployment conditions and actual equipment that has either been deployed, or is expected to be deployed, in the adjacent spectrum bands and the band described under subparagraph (A)(ii) at the time of the study. ``(iii) Timing and input.--Not later than 60 days after the date of enactment of the Open Wireless Internet Act, the Commission shall commence the study required under clause (ii). The Commission shall solicit the input and expertise of the National Telecommunications and Information Administration and other parties and organizations, as recommended by the Institute of Electrical and Electronics Engineers, for help in conducting the study. ``(iv) Adoption of technical rules.--Based on the results of the study required under clause (ii), the Commission shall adopt technical rules to ensure that licensees of spectrum obtained under this paragraph are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions. ``(E) Service and auction rules.--At least 30 days prior to the deadlines established in subparagraphs (B)(i) and (C), the Commission shall promulgate service and auction rules for the licenses issued under subparagraphs (B) and (C) that-- ``(i) make available spectrally efficient nationwide broadband services; and ``(ii) promote the goals listed in subparagraphs (B), (D), and (F) of paragraph (4). ``(F) Content of service requirements rules for auctioned spectrum.--The Commission shall promulgate such rules and regulations as are necessary to require, as conditions of the licenses for the use of the frequencies auctioned under this paragraph, that the licensees shall-- ``(i) offer, at a minimum, always-on wireless Internet services within 2 years from the date of receipt of the license, and complete the construction of such wireless network with a signal covering at least 95 percent of the population of the United States and its territories within 10 years from the initial operation of the network; ``(ii) offer a data service that is faster than 200 kilobits per second one way (subject to subparagraph (G)) for free to consumers and authorized public safety users without subscription, airtime, usage, or other charges; ``(iii) offer all services on such spectrum consistent with the following principles: ``(I) Users are entitled to access any lawful content of their choice. ``(II) Users are entitled to run any application and use any Internet service of their choice subject to limitations necessary for legitimate law enforcement purposes. ``(III) Users may connect their choice of legal device to the network so long as that device does not harm the network or substantially interfere with access of other individuals to the network; ``(iv) consistent with section 230 of this Act, offer such free data service with an option available to the user at the time of initial connection or configuration of a connected device, to have that service filtered by means of a technology protection measure or measures that prevent underage users from accessing obscene or indecent material through such service; ``(v) provide such free data services on a wireless network that permits open access to affiliated and unaffiliated consumer devices by providing, publicly and royalty-free, published technical standards for developing and deploying subscriber equipment that can operate on the network subject to this paragraph; and ``(vi) provide such free data services using advanced and spectrally efficient wireless technologies that provide services to the largest feasible number of users and encourages broadband competition making broadband services more available and affordable. ``(G) Review of free data service requirement.--The Commission shall evaluate whether the speed of free services under subparagraph (F) should be increased in light of consumer demand, developments in wireless broadband technologies, and the public interest and shall conduct the first such evaluation 3 years after the licensee commences operations, and shall conduct subsequent evaluations every 3 years thereafter. ``(H) Congressional approval.--Modification of any of the requirements described under subparagraph (F) shall receive the approval of Congress before any such modification is allowed to take effect. ``(I) Biennial broadband spectrum utilization report.-- ``(i) Beginning in March of 2009, the Commission and the National Telecommunications and Information Administration shall jointly review competitive market conditions with respect to availability and affordability of broadband as well as the state of utilization of spectrum under the Commission's and the Administration's respective jurisdictions. Thereafter, the Commission and the Administration shall provide Congress a joint biannual report of their findings. ``(ii) Such reports shall consider the state-of-the-art efficient use of all spectrum bands and shall include the basis on which such utilization and efficiency are determined. ``(iii) In making their recommendations, the Commission and the Administration shall expressly consider the technological advances in commercial use of the spectrum as well as other relevant uses including public safety, national defense and other uses as determined by the public interest. ``(iv) The joint report shall also provide specific recommendations for the reallocation or reassignment of spectrum found to be underutilized in light of the public interest, necessity and convenience found in promoting broadband availability and affordability. In the joint report, the Commission and the Administration shall also recommend to Congress any statutory changes that would be required to implement any such reassignment or reallocation within 24 months of the report.''.

Open Wireless Internet Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of at least 15 years, for two bands of frequencies, each composed of 20 megahertz of unpaired contiguous spectrum, one band under 3 gigahertz and not part of the recovered analog spectrum and the other band between 2155 and 2180 megahertz. Requires the FCC to ensure that licensees of spectrum obtained under these provisions are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions. Requires licensees, among other things, to offer to consumers and authorized public safety users, without subscription, airtime, usage, or other charges, a data service that is faster than 200 kilobits per second, allows users to access any lawful content of their choice, and has an option that prevents underage users from accessing obscene or indecent material. Requires congressional approval before modification of any of these requirements takes effect. Requires a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz, but states that the auction shall be conducted without the conditions specified in the immediately preceding paragraph unless the FCC finds it is in the public interest.

A bill to require the Federal Communications Commission to auction spectrum for a free and open access wireless service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Credit Reporting Act of 2017''. SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 605 (15 U.S.C. 1681c), by adding at the end the following: ``(i) Notice of Status as an Active Duty Military Consumer.-- ``(1) In general.--With respect to an item of adverse information about a consumer that arises from the failure of the consumer to make any required payment on a debt or other obligation, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer-- ``(A) the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred; and ``(B) any consumer report provided by the consumer reporting agency that includes the item shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. ``(2) Model form.--The Bureau shall prepare a model form, which shall be made publicly available, including in an electronic format, by which a consumer may-- ``(A) notify, and provide appropriate proof to, a consumer reporting agency in a simple and easy manner, including electronically, that the consumer is or was an active duty military consumer; and ``(B) provide contact information of the consumer for the purpose of communicating with the consumer while the consumer is an active duty military consumer. ``(3) No adverse consequences.--Notice, whether provided by the model form described in paragraph (2) or otherwise, that a consumer is or was an active duty military consumer may not provide the sole basis for-- ``(A) with respect to a credit transaction between the consumer and a creditor, a creditor-- ``(i) denying an application of credit submitted by the consumer; ``(ii) revoking an offer of credit made to the consumer by the creditor; ``(iii) changing the terms of an existing credit arrangement with the consumer; or ``(iv) refusing to grant credit to the consumer in a substantially similar amount or on substantially similar terms requested by the consumer; ``(B) furnishing negative information relating to the creditworthiness of the consumer by or to a consumer reporting agency; or ``(C) except as otherwise provided in this title, a creditor or consumer reporting agency noting in the file of the consumer that the consumer is or was an active duty military consumer.''; (2) in section 605A (15 U.S.C. 1681c-1)-- (A) in subsection (c)-- (i) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (ii) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon'' and inserting the following: ``(1) In general.--Upon''; and (iii) by adding at the end the following: ``(2) Negative information notification.--If a consumer reporting agency receives an item of adverse information about a consumer who has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer, with a frequency, in a manner, and according to a timeline determined by the Bureau or specified by the consumer-- ``(A) that the consumer reporting agency has received the item of adverse information, along with a description of the item; and ``(B) the method by which the consumer may dispute the validity of the item. ``(3) Contact information for active duty military consumers.-- ``(A) In general.--If a consumer who has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer provides the consumer reporting agency with contact information for the purpose of communicating with the consumer while the consumer is an active duty military consumer, the consumer reporting agency shall use that contact information for all communications with the consumer while the consumer is an active duty military consumer. ``(B) Direct request.--Unless a consumer directs otherwise, the provision of contact information by the consumer under subparagraph (A) shall be deemed to be a request for the consumer to receive an active duty alert under paragraph (1). ``(4) Sense of congress.--It is the sense of Congress that any person making use of a consumer report that contains an item of adverse information with respect to a consumer should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take that fact into account when evaluating the creditworthiness of the consumer.''; and (B) in subsection (e), by striking paragraph (3) and inserting the following: ``(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).''; and (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding at the end the following: ``(D) Notice of dispute related to active duty military consumers.--With respect to an item of information described under subparagraph (A) that is under dispute, if the consumer to whom the item relates has notified the consumer reporting agency conducting the investigation described in that subparagraph, and has provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall-- ``(i) include that fact in the file of the consumer; and ``(ii) indicate that fact in each consumer report that includes the disputed item.''.

Military Families Credit Reporting Act of 2017 This bill amends the Fair Credit Reporting Act to: (1) allow a consumer to provide proof to a consumer reporting agency that an adverse credit report item occurred while on active duty, and (2) require a consumer reporting agency to provide an active duty military consumer's relevant active duty status on adverse credit report items. The Consumer Financial Protection Bureau is required to publish a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide contact information for communicating with the consumer while on active duty. Notice of active duty status may not be the basis for an adverse credit action. A consumer reporting agency must notify an active duty military consumer of negative information received about that consumer.

Military Families Credit Reporting Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Great Black Americans Commemoration Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Black Americans have served honorably in the Congress, in senior executive branch positions, in the law, the judiciary and other fields, yet their record of service is not well known by the public, is not included in school history lessons, and is not adequately presented in the Nation's museums. (2) The Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, a nonprofit organization, is the Nation's first wax museum presenting the history of great Black Americans, including those who have served in Congress, in senior executive branch positions, in the law, the judiciary and other fields, as well as others who have made significant contributions to benefit the Nation. (3) The Great Blacks in Wax Museum, Inc. plans to expand its existing facilities to establish the National Great Blacks in Wax Museum and Justice Learning Center, which is intended to serve as a national museum and center for presentation of wax figures and related interactive educational exhibits portraying the history of great Black Americans. (4) The wax medium has long been recognized as a unique and artistic means to record human history through preservation of the faces and personages of people of prominence, and historically, wax exhibits were used to commemorate noted figures in ancient Egypt, Babylon, Greece, and Rome, in medieval Europe, and in the art of the Italian renaissance. (5) The Great Blacks in Wax Museum, Inc. was founded in 1983 by Drs. Elmer and Joanne Martin, two Baltimore educators who used their personal savings to purchase wax figures, which they displayed in schools, churches, shopping malls, and festivals in the mid-Atlantic region. (6) The goal of the Martins was to test public reaction to the idea of a Black history wax museum and so positive was the response over time that the museum has been heralded by the public and the media as a national treasure. (7) The museum has been the subject of feature stories by CNN, the Wall Street Journal, the Baltimore Sun, the Washington Post, the New York Times, the Chicago Sun Times, the Dallas Morning News, the Los Angeles Times, USA Today, the Afro American Newspaper, Crisis, Essence Magazine, and others. (8) More than 300,000 people from across the Nation visit the museum annually. (9) The new museum will carry on the time-honored artistic tradition of the wax medium; in particular, it will recognize the significant value of this medium to commemorate and appreciate great Black Americans whose faces and personages are not widely recognized. (10) The museum will employ the most skilled artisans in the wax medium, use state-of-the-art interactive exhibition technologies, and consult with museum professionals throughout the Nation, and its exhibits will feature the following: (A) Blacks who have served in the Senate and House of Representatives of the United States, including those who represented constituencies in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia during the 19th century. (B) Blacks who have served in the judiciary, in the Department of Justice, as prominent attorneys, in law enforcement, and in the struggle for equal rights under the law. (C) Black veterans of various military engagements, including the Buffalo Soldiers and Tuskegee Airmen, and the role of Blacks in the settlement of the western United States. (D) Blacks who have served in senior executive branch positions, including members of Presidents' Cabinets, Assistant Secretaries and Deputy Secretaries of Federal agencies, and Presidential advisors. (E) Other Blacks whose accomplishments and contributions to human history during the last millennium and to the Nation through more than 400 years are exemplary, including Black educators, authors, scientists, inventors, athletes, clergy, and civil rights leaders. (11) The museum plans to develop collaborative programs with other museums, serve as a clearinghouse for training, technical assistance, and other resources involving use of the wax medium, and sponsor traveling exhibits to provide enriching museum experiences for communities throughout the Nation. (12) The museum has been recognized by the State of Maryland and the city of Baltimore as a preeminent facility for presenting and interpreting Black history, using the wax medium in its highest artistic form. (13) The museum is located in the heart of an area designated as an empowerment zone, and is considered to be a catalyst for economic and cultural improvements in this economically disadvantaged area. SEC. 3. ASSISTANCE FOR NATIONAL GREAT BLACKS IN WAX MUSEUM AND JUSTICE LEARNING CENTER. (a) Assistance for Museum.--Subject to subsection (b), the Attorney General, acting through the Office of Justice Programs of the Department of Justice, shall, from amounts made available under subsection (c), make a grant to the Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, to pay the Federal share of the costs of expanding and creating the National Great Blacks in Wax Museum and Justice Learning Center, including the cost of its design, planning, furnishing, and equipping. (b) Grant Requirements.-- (1) In general.--To receive a grant under subsection (a), the Great Blacks in Wax Museum, Inc. shall submit to the Attorney General a proposal for the use of the grant, which shall include detailed plans for the design, construction, furnishing, and equipping of the National Great Blacks in Wax Museum and Justice Learning Center. (2) Federal share.--The Federal share of the costs described in subsection (a) shall not exceed 25 percent. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000, to remain available until expended.

National Great Black Americans Commemoration Act of 2003 - Directs the Attorney General, acting through the Office of Justice Programs of the Department of Justice, to make a grant to the Great Blacks in Wax Museum, Inc., to pay up to 25 percent of the costs of expanding its existing facilities to create the National Great Blacks in Wax Museum and Justice Learning Center in Baltimore, Maryland.

To authorize assistance for the National Great Blacks in Wax Museum and Justice Learning Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Design Piracy Prohibition Act''. SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE. (a) Designs Protected.--Section 1301 of title 17, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Fashion design.--A fashion design is subject to protection under this chapter.''; and (2) in subsection (b)-- (A) in paragraph (2), by inserting ``, or an article of apparel,'' after ``plug or mold''; and (B) by adding at the end the following: ``(7) A `fashion design'-- ``(A) is the appearance as a whole of an article of apparel, including its ornamentation; and ``(B) includes original elements of the article of apparel or the original arrangement or placement of original or non-original elements as incorporated in the overall appearance of the article of apparel. ``(8) The term `design' includes fashion design, except to the extent expressly limited to the design of a vessel. ``(9) The term `apparel' means-- ``(A) an article of men's, women's, or children's clothing, including undergarments, outerwear, gloves, footwear, and headgear; ``(B) handbags, purses, wallets, duffel bags, suitcases, tote bags, and belts; and ``(C) eyeglass frames. ``(10) In the case of a fashion design, the term `trend' means a newly popular concept, idea, or principle expressed in, or as part of, a wide variety of designs of articles of apparel that create an immediate amplified demand for articles of apparel embodying that concept, idea, or principle.''. (b) Designs Not Subject to Protection.--Section 1302(5) of title 17, United States Code, is amended-- (1) by striking ``(5)'' and inserting ``(5)(A) in the case of a design of a vessel hull,''; (2) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(B) in the case of a fashion design, embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 6 months before the date of the application for registration under this chapter.''. (c) Revisions, Adaptations, and Rearrangements.--Section 1303 of title 17, United States Code, is amended by adding at the end the following: ``The presence or absence of a particular color or colors or of a pictorial or graphic work imprinted on fabric shall not be considered in determining the originality of a fashion design under section 1301 or 1302 or this section or the similarity or absence of similarity of fashion designs in determining infringement under section 1309.''. (d) Term of Protection.--Section 1305(a) of title 17, United States Code, is amended to read as follows: ``(a) In General.--Subject to subsection (b), the protection provided under this chapter-- ``(1) for a design of a vessel hull, shall continue for a term of 10 years beginning on the date of the commencement of protection under section 1304; and ``(2) for a fashion design, shall continue for a term of 3 years beginning on the date of the commencement of protection under section 1304.''. (e) Infringement.--Section 1309 of title 17, United States Code, is amended-- (1) in subsection (c), by striking ``that a design was protected'' and inserting ``or reasonable grounds to know that protection for the design is claimed''; (2) by amending subsection (e) to read as follows: ``(e) Infringing Article Defined.-- ``(1) In general.--As used in this section, an `infringing article' is any article the design of which has been copied from a design protected under this chapter, or from an image thereof, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. ``(2) Vessel hull design.--In the case of a design of a vessel hull, a design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. ``(3) Fashion design.--In the case of a fashion design, a design shall not be deemed to have been copied from a protected design if it is original and not closely and substantially similar in overall visual appearance to a protected design, if it merely reflects a trend, or if it is the result of independent creation. This paragraph shall not be construed to permit the copying of a discrete design protected by this chapter.''; and (3) by adding at the end the following: ``(h) Secondary Liability.--The doctrines of secondary infringement or secondary liability that are applied in actions under chapter 5 of this title apply to the same extent to actions under this chapter. Any person who is liable under either such doctrine under this chapter is subject to all the remedies provided under this chapter, including those attributable to any underlying or resulting infringement.''. (f) Application for Registration.--Section 1310 of title 17, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) Time Limit for Application for Registration.-- ``(1) Vessel hull design.--In the case of a design of a vessel hull, protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the date on which the design is first made public. ``(2) Fashion design.--In the case of a fashion design, protection under this chapter shall be lost if application for registration of the design is not made within 6 months after the date on which the design is first made public by the designer or owner in the United States or a foreign country.''; (2) in subsection (b), by striking ``offered for sale'' and inserting ``offered for individual or public sale''; and (3) in subsection (d)-- (A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and moving such subparagraphs 2 ems to the right; (B) by striking ``The application for registration shall be made to the Administrator and shall state--'' and inserting the following: ``(1) In general.--The application for registration shall be made to the Administrator and shall state--''; and (C) by adding at the end the following: ``(2) Vessel hull designs.--In the case of a design of a vessel hull, the application for registration may include a description setting forth the salient features of the design, but the absence of such a description shall not prevent registration under this chapter. ``(3) Fashion designs.--In the case of a fashion design, the Administrator shall require a brief description of the design for purposes of matching the search criteria of the searchable database established under section 1333, except that such brief descriptions shall in no way limit the protection granted to the design or the subject matter of the registration under this chapter.''. (g) Recovery for Infringement.--Section 1323 of title 17, United States Code, is amended by striking ``$50,000 or $1 per copy'' and inserting ``250,000 or $5 per copy''. (h) Penalty for False Representation.--Section 1327 of title 17, United States Code, is amended-- (1) by striking ``$500'' and inserting ``5,000''; and (2) by striking ``$1,000'' and inserting ``$10,000''. (i) Common Law and Other Rights Unaffected.--Section 1330 of title 17, United States Code, is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(3) any rights that may exist under provisions of this title other than this chapter.''. (j) Searchable Database for Fashion Design.-- (1) In general.--Chapter 13 of title 17, United States Code, is amended by adding at the end the following: ``Sec. 1333. Searchable database for fashion design ``(a) In General.--The Administrator shall establish and maintain a computerized database of fashion designs protected under this chapter. The database-- ``(1) shall be searchable electronically, by general apparel and accessory categories; ``(2) shall include the information required by subparagraphs (A), (B), (C), (D), and (F) of paragraph (1), and paragraph (3), or section 1310(d); and ``(3) shall be available to the public without a fee or other access charge. ``(b) Additional Requirements.--The database under subsection (a) shall contain a substantially complete visual representation of all fashion designs that have been submitted for registration under this chapter, and shall include information as to the status of those designs, such as whether such designs are-- ``(1) registered under section 1313(a); ``(2) denied registration under section 1313 (b); ``(3) cancelled under section 1313(c); or ``(4) expired under section 1305.''. (2) Conforming amendment.--The table of sections for chapter 13 of title 17, United States Code, is amended by adding at the end the following: ``1333. Searchable database for fashion design.''. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this subsection. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years. Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed. Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is original and not closely and substantially similar in overall visual appearance to a protected design; (2) merely reflects a trend; or (3) is the result of independent creation. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Applies the doctrines of secondary infringement or secondary liability to actions related to original designs. Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.) Increases allowable damage awards for infringement of original designs and for false representation. Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge.

To amend title 17, United States Code, to extend protection to fashion design, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quiet Communities Act of 2015''. SEC. 2. FINDINGS. Congress finds that: (1) Approximately 28,000,000 Americans are afflicted with some hearing loss and it has been estimated that 10,000,000 of these impairments are at least partially attributable to damage from exposure to noise. (2) For millions of Americans, noise from aircraft, vehicular traffic, and a variety of other sources is a constant source of torment. Millions of Americans are exposed to noise levels that can lead to sleep loss, psychological and physiological damage, and work disruption. (3) Chronic exposure to noise has been linked to increased risk of cardiovascular disorders, learning deficits in children, stress, and diminished quality of life. (4) Excessive noise leading to sleep deprivation and task interruptions can result in untold costs on society in diminished worker productivity. (5) Pursuant to authorities granted under the Clean Air Act of 1970, the Noise Control Act of 1972, and the Quiet Communities Act of 1978, the Environmental Protection Agency established an Office of Noise Abatement and Control. Its responsibilities included promulgating noise emission standards, requiring product labeling, facilitating the development of low emission products, coordinating Federal noise reduction programs, assisting State and local abatement efforts, and promoting noise education and research. However, funding for the Office of Noise Abatement and Control was terminated in 1982 and no funds have been provided since. (6) Because the Environmental Protection Agency remains legally responsible for enforcing regulations issued under the Noise Control Act of 1972 even though funding for these activities were terminated, and because the Noise Control Act of 1972 prohibits State and local governments from regulating noise sources in many situations, noise abatement programs across the country lie dormant. (7) As population growth and air and vehicular traffic continue to increase, noise pollution is likely to become an even greater problem in the future. The health and welfare of our citizens demands that the Environmental Protection Agency, the lead Federal agency for the protection of public health and welfare, once again assume a role in combating noise pollution. SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL. (a) Reestablishment.--The Administrator of the Environmental Protection Agency shall reestablish within the Environmental Protection Agency an Office of Noise Abatement and Control. (b) Duties.--The responsibilities of the Office include the following: (1) To promote the development of effective State and local noise control programs by providing States with technical assistance and grants to develop the programs, including the purchase of equipment for local communities. (2) To carry out a national noise control research program to assess the impacts of noise from varied noise sources on mental and physical health. (3) To carry out a national noise environmental assessment program to identify trends in noise exposure and response, ambient levels, and compliance data and to determine the effectiveness of noise abatement actions, including actions for areas around major transportation facilities (such as highways, railroad facilities, and airports). (4) To develop and disseminate information and educational materials to the public on the mental and physical effects of noise and the most effective means for noise control through the use of materials for school curricula, volunteer organizations, radio and television programs, publications, and other means. (5) To develop educational and training materials and programs, including national and regional workshops, to support State and local noise abatement and control programs. (6) To establish regional technical assistance centers which use the capabilities of university and private organizations to assist State and local noise control programs. (7) To undertake an assessment of the effectiveness of the Noise Control Act of 1972. (c) Preferred Approaches.--In carrying out its duties under this section, the Office shall emphasize noise abatement approaches that rely on local and State activities, market incentives, and coordination with other public and private agencies. (d) Study.-- (1) In general.--Using funds made available to the Office, the Administrator shall carry out a study of airport noise. The Administrator shall carry out the study by entering into contracts or other agreements with independent scientists with expertise in noise measurements, noise effects, and noise abatement techniques to conduct the study. (2) Contents.--The study shall examine the selection of noise measurement methodologies by the Federal Aviation Administration, the threshold of noise at which health impacts are felt, and the effectiveness of noise abatement programs at airports around the Nation. (3) Report.--Not later than 24 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the study, together with specific recommendations on new measures that can be implemented to mitigate the impact of aircraft noise on surrounding communities. SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM. Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C. 4913(c)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); and (2) by adding at the end the following: ``(E) establishing and implementing training programs on use of noise abatement equipment; and ``(F) implementing noise abatement plans;''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for each of fiscal years 2016 through 2020 $21,000,000 for activities of the Office of Noise Abatement and Control reestablished under section 3.

Quiet Communities Act of 2015 This bill requires the Environmental Protection Agency (EPA) to reestablish an Office of Noise Abatement and Control and reauthorizes the Office's activities through FY2020. The responsibilities of the Office must include: (1) promoting the development of effective state and local noise control programs, (2) carrying out a national noise control research program, (3) carrying out a national noise environmental assessment program, (4) establishing regional technical assistance centers to assist state and local noise control programs, (5) assessing the effectiveness of the Noise Control Act of 1972, and (6) conducting related outreach and educational activities. The Office must emphasize noise abatement approaches that rely on local and state activities, market incentives, and coordination with other agencies. Using funds made available to the Office, the EPA must carry out a study of airport noise. The bill amends the Noise Control Act of 1972 to expand the quiet communities grant program to include grants for establishing and implementing training programs on use of noise abatement equipment and implementing noise abatement plans.

Quiet Communities Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Teacher Retention Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 8,000,000 children, representing 21 percent of all public school children in the United States, attend public schools in rural areas. (2) There are 24,123 public schools in rural areas of the United States, representing 31 percent of all public schools. (3) More than 400,000 educators, or 31 percent of all public school teachers, teach in rural schools. (4) Rural school teachers earn approximately 14 percent less than their counterparts in other regions. (5) Despite lower salaries, rural school teachers typically teach multiple subjects and perform their jobs with fewer resources than their counterparts in other regions. (6) One of the most critical challenges facing rural school districts is in attracting and retaining qualified teachers. (7) Rural school districts tend to have higher teacher turnover rates than school districts in other regions. (8) High teacher turnover has a negative impact on student performance, school district performance, and the ability of teachers to become highly qualified. SEC. 3. DEFINITIONS. In this Act: (1) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency that-- (A) is described in section 6211(b) or 6221(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b) and 7351(b)(1)); and (B) has experienced a teacher turnover rate of not less than 5 percent of all the teachers teaching in schools served by the agency in any of the 3 years preceding the date of enactment of this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--From funds appropriated under section 5, the Secretary shall make an allotment to each rural local educational agency having an application approved under subsection (b) according to a formula based on the number of students in average daily attendance (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in the schools served by the rural local educational agency. (b) Application.--A rural local educational agency that desires to receive an allotment under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Use of Funds.-- (1) In general.--A rural local educational agency that receives an allotment under this section shall use the funds for the following: (A) Provide one-time signing bonuses of not more than $2,000 to teachers who commence employment with the rural local educational agency on or after the date of enactment of this Act. (B) Provide bonuses of not more than $3,000 to qualified teachers who work in the rural local educational agency for not less than 3 consecutive years (except as provided in paragraph (2)). (2) Exception from consecutive service.--The 3 year period of service working in the rural local educational agency provided under paragraph (1)(B) may be nonconsecutive if the break in service is due to the qualified teacher taking leave from the rural local educational agency and such leave is-- (A) in compliance with the Family and Medical Leave Act of 1993 (29 U.S.C. 2611); or (B) due to the qualified teacher being called or ordered to active duty as a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status. (3) Consideration.--In determining the provision of bonuses under paragraph (1), a rural local educational agency shall consider such factors as the need for teachers in certain subjects, the value that a teacher brings to the agency, teacher performance and qualifications, and the unique needs of the agency. (4) Only one bonus in one year.--A teacher may receive only 1 bonus pursuant to this Act during a calendar year. (d) Duration.--The Secretary shall carry out this section as a pilot program for a 5-year period. (e) Relation to Other Federal Education Programs.--Notwithstanding any other provision of law, nothing in this Act shall be construed to affect the eligibility for assistance or the amount of assistance otherwise available under any other Federal education program for a rural local educational agency that receives an allotment under this section or a teacher who receives a bonus pursuant to this section. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 and 2008.

Rural Teacher Retention Act of 2005 - Directs the Secretary of Education to carry out a five-year pilot program of making allotments to applicant rural local educational agencies for: (1) one-time signing bonuses of up to $2,000 for teachers who begin employment with them on or after enactment of this Act; and (2) bonuses of up to $3,000 to qualified teachers who work in them for at least three consecutive years (or nonconsecutive years under certain circumstances).

A bill to provide assistance for rural school districts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landsat Amendments Act of 1995''. SEC. 2. AMENDMENT OF ACT. The Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.) is amended-- (1) by amending section 2(9) to read as follows: ``(9) Because Landsat data are particularly important for global environmental change research, the program should be managed by an integrated team consisting of the National Aeronautics and Space Administration and the Department of Commerce.''; (2) in sections 3(6)(A), 101 (a) and (b), 103(b), and 504, by striking ``Secretary of Defense'' and inserting in lieu thereof ``Secretary''; (3) in section 3(6)(B), by striking ``Department of Defense and'' and inserting in lieu thereof ``and the Department of Commerce, as well as the Department of Interior, or''; (4) in section 101(b)(1), by striking ``, with the addition of a tracking and data relay satellite communications capability''; (5) in section 101(b)(2), by striking all after ``baseline funding profile'' and inserting in lieu thereof ``for the development and operational life of Landsat 7 that is mutually acceptable to the agencies constituting the Landsat Program Management;''; (6) in section 101(b), by inserting after paragraph (4) the following: ``The Director of the Office of Science and Technology Policy shall, no later than 60 days after enactment of the Landsat Amendments Act of 1995, transmit the management plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.''; (7) in sections 101(c)(3), 202(b)(1), 501(a), and 502(c)(7), by striking ``section 506'' and inserting ``section 507''; (8) in section 102(b)(1), by striking ``by the expected end of the design life of Landsat 6'' and inserting in lieu thereof ``by the predicted end of life of Landsat 5, or as soon as practicable thereafter''; (9) in section 103(a), by striking ``section 105'' and inserting in lieu thereof ``section 104''; (10) by adding at the end of section 103 the following: ``(c) Implementation of Agreement.--If negotiations under subsection (a) result in an agreement that the Landsat Program Management determines generally achieves the goal stated in paragraphs (1) through (8) of subsection (a), the Landsat Program Management shall award an extension, until the practical demise of Landsat 4 or Landsat 5, whichever occurs later, of the existing contract with the Landsat 6 contractor incorporating the terms of such agreement.''; (11) by striking section 104 and redesignating section 105 as section 104; (12) in section 201(c), by amending the second sentence thereof to read as follows: ``If the Secretary determines that the license requested by the applicant should not be issued, the Secretary shall inform the applicant within such 120-day period of the reasons for such determination and the specific actions required of the applicant to obtain a license.''; (13) in section 202(b)(6), by inserting ``significant or substantial'' before ``agreement''; (14) in section 204, by striking ``may'' and inserting in lieu thereof ``shall''; (15) by inserting at the end of title II the following new section: ``SEC. 206. NOTIFICATION. ``(a) Limitations on Licensee.--Within 30 days after any determination by the Secretary to require a licensee to limit collection or distribution of data from a system licensed pursuant to this title, the Secretary shall report to the Congress the reasons for such determination, the limitations imposed on the licensee, and the period during which such limitations apply. ``(b) Termination, Modification, or Suspension.--Within 30 days after any action by the Secretary to seek an order of injunction or other judicial determination pursuant to section 203(a)(2), the Secretary shall notify the Congress of such action and provide the reasons for such action.''; (16) in section 302-- (A) by striking ``(a) General Rule.--''; (B) by striking subsection (b); and (17) in section 507, by striking subsection (a) and subsection (b)(1) and inserting in lieu thereof the following: ``(a) Responsibility of Secretary of Defense.--The Secretary shall consult with the Secretary of Defense on all matters under this Act affecting national security. The Secretary of Defense shall be responsible for determining those conditions, consistent with this Act, necessary to meet national security concerns of the United States and for notifying the Secretary promptly of such conditions. Within 60 days after receiving a request from the Secretary, the Secretary of Defense shall recommend any conditions for a license issued under title II, consistent with this Act, that the Secretary of Defense determines are needed to protect the national security of the United States. If no such recommendations have been received by the Secretary within such 60-day period, the Secretary may deem activities proposed in the license application to be consistent with the protection of the national security of the United States. ``(b) Responsibility of Secretary of State.-- ``(1) The Secretary shall consult with the Secretary of State on all matters under this Act affecting international obligations of the United States. The Secretary of State shall be responsible for determining those conditions, consistent with this Act, necessary to meet international obligations and policies of the United States and for notifying the Secretary promptly of such conditions. Within 60 days after receiving a request from the Secretary, the Secretary of State shall recommend any conditions for a license issued under title II, consistent with this Act, that the Secretary of State determines are needed to meet existing international obligations of the United States. If no such recommendations have been received by the Secretary within such 60-day period, the Secretary may deem activities proposed in the license application to be consistent with existing international obligations of the United States.''.

Landsat Amendments Act of 1995 - Amends the Land Remote Sensing Policy Act of 1992 with respect to management and licensing of commercial remote sensing satellites.

Landsat Amendments Act of 1995

TITLE I--REPEAL OF TAX INCREASE ON SOCIAL SECURITY BENEFITS SEC. 101. REPEAL OF TAX INCREASE ON SOCIAL SECURITY BENEFITS. Section 13215 of the Revenue Reconciliation Act of 1993 is hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such section (and the amendments made thereby) had not been enacted. TITLE II--REDUCTIONS IN SPENDING SEC. 201. TERMINATION OF SPACE STATION. The Administrator of the National Aeronautics and Space Administration shall terminate the Space Station Freedom program. After the date of enactment of this Act, no funds may be obligated for such program except as necessary to meet required contract termination costs. SEC. 202. TERMINATION OF PROCUREMENT OF F-16 AIRCRAFT. The Secretary of Defense shall terminate procurement of new production F-16 aircraft for the Air Force. After the date of the enactment of this Act, no funds may be obligated for production of such aircraft except as necessary to meet required contract termination costs. The Secretary shall carry out this section so as to achieve savings in defense budgets during the period of fiscal year 1994 through fiscal year 1998 of not less than $1,700,000,000. SEC. 203. DELAY IN PROCUREMENT OF F-22 AIRCRAFT. The Secretary of Defense shall extend current procurement schedules for procurement under the F-22 aircraft program of the Air Force so as to achieve savings in defense budgets during the period of fiscal year 1994 through fiscal year 1998 of not less than $2,200,000,000. SEC. 204. REDUCTION IN ATTACK SUBMARINE FORCE. The Secretary of Defense shall, not later than the end of fiscal year 1998, reduce the number of attack submarines in active Navy forces to not more than 40. The Secretary shall carry out this section so as to achieve savings in defense budgets during the period of fiscal year 1994 through fiscal year 1998 of not less than $2,900,000,000. SEC. 205. REDUCTION IN BALLISTIC MISSILE SUBMARINE FORCE. (a) Termination of Production of D-5 Missile.--The Secretary of Defense shall terminate procurement of Trident II (D-5) sea-launched ballistic missiles for the Navy. After the date of the enactment of this Act, no funds may be obligated for procurement of such missiles except as necessary to meet required contract termination costs. (b) Reduction in Submarine Force.--The Secretary of Defense shall, not later than the end of fiscal year 1998, reduce the number of Trident ballistic missile submarines in active Navy forces to not more than 14. (c) Savings.--The Secretary shall carry out this section so as to achieve savings in defense budgets during the period of fiscal year 1994 through fiscal year 1998 of not less than $5,300,000,000. SEC. 206. DELAY IN PROCUREMENT OF TRISERVICE STAND-OFF ATTACK MISSILE. The Secretary of Defense shall delay procurement of the Tri-Service Stand-Off Attack Missile for five years and shall, during the period of fiscal year 1994 through fiscal year 1998, continue research, development, test, and evaluation for that missile at the fiscal year 1993 level so as to achieve savings in defense budgets during that period of not less than $1,400,000,000. SEC. 207. ELIMINATION OF HONEY PRICE SUPPORT PROGRAM. (a) In General.--Sections 207 and 405A of the Agricultural Act of 1949 (7 U.S.C. 1446h and 1425a, respectively) are repealed. (b) Payment Limitations.--Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) is amended-- (1) in subparagraph (B)(iii), by striking ``(other than honey)''; and (2) by striking subparagraph (C). (c) Designated Nonbasic Agricultural Commodities.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``honey,''. (d) Other Nonbasic Agricultural Commodities.--Section 301 of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by inserting after ``nonbasic agricultural commodity'' the following: ``(other than honey)''. (e) Definitions.--Section 408(k) of the Agricultural Act of 1949 (7 U.S.C. 1428(k)) is amended by striking ``honey,'' each place it appears. (f) Powers of Commodity Credit Corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting after ``agricultural commodities'' the following: ``(other than honey)''. (g) Transition.--The amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of the amendments in accordance with subsection (d). (h) Application of Amendments.--The amendments made by this section shall apply beginning with the crop year that begins after the date of enactment of this Act. SEC. 208. ELIMINATION OF BELOW-COST TIMBER SALES. (a) Rules Required.--Not later than six months after the date of the enactment of this Act, the Secretary of Agriculture shall issue rules relating to the conditions under which the Forest Service may approve of sales of trees, portions of trees, or forest products from National Forest System lands. (b) Content of Rules.--The rules required under subsection (a) shall-- (1) require that after the end of the one-year period beginning on the date of the enactment of this Act, the total cost to the United States of carrying out each timber sale described in subsection (a) (including the advertising, planning, review, approval, and monitoring costs attributable to the sale and road building costs incurred for the sale) is not greater than the amount paid to the United States Service for the sale; and (2) establish a procedure to phase in the application of such requirement during that period. (c) Phase-In Period.--The rules required under subsection (a) shall provide that, during the phase-in period, the Forest Service in determining whether to approve a below-cost timber sale shall give priority to those below-cost timber sales that would have the least adverse environmental effects. SEC. 209. FEES CHARGED FOR GRAZING ON PUBLIC LANDS. (a) Increase to Fair Market Value.--Notwithstanding any other provision of law, the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous western States (except National Grasslands) administered by the United States Forest Service where domestic livestock grazing is permitted under applicable law, and the Secretary of the Interior with respect to public domain lands administered by the Bureau of Land Management where domestic livestock grazing is permitted under applicable law, shall increase domestic livestock grazing fees beginning with the grazing season which commences on March 1, 1994, so that for the grazing season commencing on March 1, 1998, and thereafter such fees are equal to fair market value, as determined by the Secretary concerned. (b) Annual Cap on Fee Changes.--The fee for grazing charged for any given year under this section may not increase or decrease by more than 33.3 percent from the previous year's grazing fee. SEC. 210. ROYALTY ON HARDROCK MINERALS. (a) Reservation of Royalty.--Production of locatable minerals from a claim located on lands open to mineral entry under the Mining Law of 1872 shall be subject to an annual royalty of not less than 8 percent of the gross income from such production. (b) Payment of Royalty.--Royalty payments shall be made according to regulations established by the Secretary of the Interior. The Secretary of the Interior may require to be filed with the royalty payment a copy of the parts of the tax return filed with the Internal Revenue Service determined by the Secretary of the Interior to be applicable to determining gross income. The Commissioner of the Internal Revenue Service shall cooperate with the Secretary of the Interior to verify the information submitted with such royalty payment. (c) Failure To Pay.--(1) Upon failure to pay the royalty required by this section, the claim shall be deemed conclusively to be abandoned and shall be null and void by operation of law. (2) The claimant shall be prohibited from locating a new claim on the lands included in such abandoned claim for one year from the date such claim is deemed abandoned and null and void by operation of law. (d) Effective Date.--This section shall take effect on the date of enactment in the case of any claim described in subsection (a) which is located after the date of enactment of this Act. In the case of any claim located on or before such date of enactment, this section shall take effect on the later of October 1 of 1993 or such date of enactment. (e) Definitions.--As used in this section-- (1) The term ``locatable minerals'' means any mineral not subject to disposition under-- (A) the Mineral Leasing Act (30 U.S.C. 181 et seq.); (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1000 et seq.); or (C) the Act of July 31, 1947 (30 U.S. 601 et seq.), as amended by this Act. (2) The term ``gross income'' means ``gross income from the property'' as defined in section 613(c)(1) of the Internal Revenue Code and in regulations promulgated by the Treasury Department pursuant to section 613(c)(1) of the Internal Revenue Code. Any amendments or revisions of section 613(c)(1) of the Internal Revenue Code or of regulations promulgated by the Treasury Department pursuant to section 613(c)(1) of the Internal Revenue Code, shall be deemed applicable to the definition of ``gross income'' as used in this section. (3) The term ``Mining Law of 1872'' means the general mining laws of the United States which generally comprise chapters 2, 12A, and 16, and sections 161 and 162 of title 30, United States Code.

TABLE OF CONTENTS: Title I: Repeal of Tax Increase on Social Security Benefits Title II: Reductions in Spending Title I: Repeal of Tax Increase on Social Security Benefits - Repeals the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993. Title II: Reductions in Spending - Directs the Administrator of the National Aeronautics and Space Administration to terminate the Space Station Freedom program. Directs the Secretary of Defense to: (1) terminate the procurement of new production F-16 aircraft; (2) extend current procurement schedules for procurement of the F-22 aircraft; (3) reduce the number of attack submarines by the end of FY 1998; (4) terminate procurement of Trident II (D-5) sea-launched ballistic missiles and reduce the number of Trident ballistic missile submarines; and (5) delay procurement of the Tri-Service Stand-Off Attack Missile but continue research, development, test, and evaluation at the FY 1993 level. Amends the Agricultural Act of 1949 to eliminate the honey price support program. Directs the Secretary of Agriculture to issue rules to eliminate below-cost timber sales. Provides for increasing fees charged for grazing on public lands to fair market value. Subjects production of locatable minerals from a claim located on lands open to mineral entry under the Mining Law of 1872 to an annual royalty of at least eight percent of the gross income from production. Voids claims for failures to pay royalties and prohibits a claimant from locating a new claim on lands included in the abandoned claim for one year.

To repeal the tax increase on social security benefits and to reduce Federal spending as necessary to offset such repeal.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Sites Improvement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there are many sites honoring Presidents located throughout the United States, including Presidential birthplaces, homes, museums, burial sites, and tombs; (2) most of the sites are owned, operated, and maintained by non-Federal entities such as State and local agencies, family foundations, colleges and universities, libraries, historical societies, historic preservation organizations, and other nonprofit organizations; (3) Presidential sites are often expensive to maintain; (4) many Presidential sites are in need of capital, technological, and interpretive display improvements for which funding is insufficient or unavailable; and (5) to promote understanding of the history of the United States by recognizing and preserving historic sites linked to Presidents of the United States, the Federal Government should provide grants for the maintenance and improvement of Presidential sites. SEC. 3. DEFINITIONS. In this Act: (1) Grant commission.--The term ``Grant Commission'' means the Presidential Site Grant Commission established by section 4(d). (2) Presidential site.--The term ``Presidential site'' means a Presidentially-related site of national significance that is-- (A) managed, maintained, and operated for, and is accessible to, the public; and (B) owned or operated by-- (i) a State; or (ii) a private institution, organization, or person. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. GRANTS FOR PRESIDENTIAL SITES. (a) In General.--The Secretary shall award grants for major maintenance and improvement projects at Presidential sites to owners or operators of Presidential sites in accordance with this section. (b) Use of Grant Funds.-- (1) In general.--A grant awarded under this section may be used for-- (A) repairs or capital improvements at a Presidential site (including new construction for necessary modernization) such as-- (i) installation or repair of heating or air conditioning systems, security systems, or electric service; or (ii) modifications at a Presidential site to achieve compliance with requirements under titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and (B) interpretive improvements to enhance public understanding and enjoyment of a Presidential site. (2) Allocation of funds.-- (A) In general.--Of the funds made available to award grants under this Act-- (i) 15 percent shall be used for emergency projects, as determined by the Secretary; (ii) 65 percent shall be used for grants for Presidential sites with-- (I) a 3-year average annual operating budget of less than $700,000 (not including the amount of any grant received under this section); and (II) an endowment in an amount that is less than 3 times the annual operating budget of the site; and (iii) 20 percent shall be used for grants for Presidential sites with-- (I) an annual operating budget of $700,000 or more (not including the amount of any grant received under this section); and (II) an endowment in an amount that is equal to or more than 3 times the annual operating budget of the site. (B) Unexpended funds.--If any funds allocated for a category of projects described in subparagraph (A) are unexpended, the Secretary may use the funds to award grants for another category of projects described in that subparagraph. (c) Application and Award Procedure.-- (1) In general.--Not later than a date to be determined by the Secretary, an owner or operator of a Presidential site may submit to the Secretary an application for a grant under this section. (2) Involvement of grant commission.-- (A) In general.--The Secretary shall forward each application received under paragraph (1) to the Grant Commission. (B) Consideration by grant commission.--Not later than 60 days after receiving an application from the Secretary under subparagraph (A), the Grant Commission shall return the application to the Secretary with a recommendation of whether the proposed project should be awarded a Presidential site grant. (C) Recommendation of grant commission.--In making a decision to award a Presidential site grant under this section, the Secretary shall take into consideration any recommendation of the Grant Commission. (3) Award.--Not later than 180 days after receiving an application for a Presidential site grant under paragraph (1), the Secretary shall-- (A) award a Presidential site grant to the applicant; or (B) notify the applicant, in writing, of the decision of the Secretary not to award a Presidential site grant. (4) Matching requirements.-- (A) In general.--The Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section shall not exceed 50 percent. (B) Non-federal share.--The non-Federal share of the cost of a project at a Presidential site for which a grant is awarded under this section may be provided in cash or in kind. (d) Presidential Site Grant Commission.-- (1) In general.--There is established the Presidential Site Grant Commission. (2) Composition.--The Grant Commission shall be composed of-- (A) the Director of the National Park Service; and (B) 4 members appointed by the Secretary as follows: (i) A State historic preservation officer. (ii) A representative of the National Trust for Historic Preservation. (iii) A representative of a site described in subsection (b)(2)(A)(ii). (iv) A representative of a site described in subsection (b)(2)(A)(iii). (3) Term.--A member of the Grant Commission shall serve a term of 2 years. (4) Duties.--The Grant Commission shall-- (A) review applications for Presidential site grants received under subsection (c); and (B) recommend to the Secretary projects for which Presidential site grants should be awarded. (5) Ineligibility of sites during term of representative.-- A site described in clause (iii) or (iv) of paragraph (2)(B) shall be ineligible for a grant under this Act during the 2- year period in which a representative of the site serves on the Grant Commission. (6) Nonapplicability of faca.--The Grant Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2004 through 2008, to remain available until expended.

Presidential Sites Improvement Act - Directs the Secretary of the Interior to award grants to owners or operators of Presidential sites for major maintenance and improvement projects. Defines "Presidential site" as a site related to a President of the United States that has national significance, is open to the public, and is owned or operated by a State or private institution, organization, or person. Establishes the Presidential Site Grant Commission to review applications for grants and to make recommendations for the awarding of grants under this Act.

A bill to establish a program to award grants to improve and maintain sites honoring Presidents of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biliteracy Education Seal and Teaching Act'' or the ``BEST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century. (2) It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps. (3) The study of world languages in elementary and secondary schools should be encouraged because it contributes to a student's cognitive development and to the national economy and security. (4) Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace. (5) California has pioneered the first State system in the Nation to recognize students for achieving proficiency in multiple languages. In 2012, California awarded a Seal of Biliteracy to over 10,000 graduating high school seniors in 37 school districts. (6) Students in every State should be able to benefit from a Seal of Biliteracy program. SEC. 3. STATE SEAL OF BILITERACY PROGRAM. (a) Establishment.--The Secretary of Education shall award grants to States to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language. (b) Grant Application.--In order to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) a description of the criteria a student must meet to demonstrate proficiency in speaking, reading, and writing in both English and a second language; (2) assurances that a student who meets the requirements under paragraph (1)-- (A) receives a permanent seal or other marker on the student's secondary school diploma or its equivalent; and (B) receives documentation of proficiency in the student's official academic transcript; and (3) assurances that a student is not charged a fee for submitting an application under subsection (c). (c) Student Participation in a Seal of Biliteracy Program.--To participate in a Seal of Biliteracy program, a student must submit an application to the State that serves the student at such time, in such manner, and containing such information and assurances as the State may require, including assurances that the student-- (1) will receive a secondary school diploma or its equivalent in the year the student submits an application; and (2) has met the criteria established by the State under subsection (b)(1). (d) Student Eligibility for Application.--A student who gained proficiency in a second language outside of school may apply to participate in a Seal of Biliteracy program under subsection (c). (e) Use of Funds.--Grant funds made available under this section shall be used for administrative costs of establishing or improving and carrying out a Seal of Biliteracy program and for public outreach and education about that program. (f) Grant Terms.-- (1) Duration.--A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary. (2) Renewal.--At the end of a grant term, the recipient of such grant may reapply for a grant under this section. (3) Limitations.--A grant recipient under this section shall not have more than 1 grant under this section at anytime. (4) Return of unspent grant funds.--Not later than 6 months after the date on which a grant term ends, a recipient of a grant under this section shall return any unspent grant funds to the Secretary. (g) Report.--Not later than 9 months after receiving a grant under this section, a grant recipient shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program. (h) Definitions.--In this section: (1) ESEA definitions.--The terms ``secondary school'', ``Secretary'', and ``State'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Second language.--The term ``second language'' means any language other than English, including Braille and American Sign Language. (3) Seal of biliteracy program.--The term ``Seal of Biliteracy program'' means any program established under section 3 of this Act. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2019 to carry out this section.

Biliteracy Education Seal and Teaching Act or the BEST Act - Directs the Secretary of Education to award renewable two-year grants to states to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language. Requires students who wish to participate in such a program to submit an application to their state that includes assurances that they: (1) will receive a secondary school diploma or its equivalent in the year they apply; and (2) have met the state's criteria for demonstrating proficiency in speaking, reading, and writing in both English and a second language. Requires states to provide participating students who demonstrate that proficiency: (1) a permanent seal or other marker on their secondary school diploma or its equivalent, and (2) documentation of that proficiency on their official academic transcript. Allows students who gain proficiency in a second language outside of school to participate in such programs. Prohibits states from charging students an application fee.

BEST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``D.C. Courts and Public Defender Service Act of 2010''. SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. (a) Permitting Judicial Conference on Biennial Basis; Attendance of Magistrate Judges.--Section 11-744, District of Columbia Official Code, is amended-- (1) in the first sentence, by striking ``annually'' and inserting ``biennially or annually''; (2) in the first sentence, by striking ``active judges'' and inserting ``active judges and magistrate judges''; (3) in the third sentence, by striking ``Every judge'' and inserting ``Every judge and magistrate judge''; and (4) in the third sentence, by striking ``Courts of Appeals'' and inserting ``Court of Appeals''. (b) Emergency Authority to Toll or Delay Judicial Proceedings.-- (1) Proceedings in superior court.-- (A) In general.--Subchapter III of Chapter 9 of title 11, District of Columbia Official Code, is amended by adding at the end the following new section: ``Sec. 11-947. Emergency authority to toll or delay proceedings. ``(a) Tolling or Delaying Proceedings.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of Superior Court or a natural disaster or other emergency situation rendering it impracticable for the United States or District of Columbia Government or a class of litigants to comply with deadlines imposed by any Federal or District of Columbia law or rule that applies in the Superior Court, the chief judge of the Superior Court may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--(A) The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the Superior Court. ``(B) The authority conferred by this section extends to all laws and rules affecting criminal and juvenile proceedings (including, pre-arrest, post-arrest, pretrial, trial, and post- trial procedures) and civil, family, domestic violence, probate and tax proceedings. ``(3) Unavailability of chief judge.--If the chief judge of the Superior Court is absent or disabled, the authority conferred by this section may be exercised by the judge designated under section 11-907(a) or by the Joint Committee on Judicial Administration. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `natural disaster' means any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion; and ``(B) the term `other emergency situation' includes but is not limited to any occasion or instance of terrorism, enemy attack, sabotage, other hostile action, disease, or any manmade cause which results in an imminent threat, severe damage, or injury to life or property, or loss thereof, or results in the destruction of or severe damage to a court house, or impairs the ability to access a courthouse, or the ability to staff the courts. ``(b) Criminal Cases.--In exercising the authority under this section for criminal cases, the chief judge shall consider the ability of the United States or District of Columbia Government to investigate, litigate, and process defendants during and after the emergency situation, as well as the ability of criminal defendants as a class to prepare their defenses. ``(c) Issuance of Orders.--The United States Attorney for the District of Columbia or the Attorney General for the District of Columbia or the designee of either may request issuance of an order under this section, or the chief judge may act on his or her own motion. ``(d) Duration of Orders.--An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that if the chief judge determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the Joint Committee on Judicial Administration, enter additional orders under this section in order to further toll or extend such time deadline. ``(e) Notice.--Upon issuing an order under this section, the chief judge-- ``(1) shall make all reasonable efforts to publicize the order, including, when possible, announcing the order on the District of Columbia Courts web site; and ``(2) shall send notice of the order, including the reasons for the issuance of the order, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. ``(f) Required Reports.--Not later than 180 days after the expiration of the last extension or tolling of a time period made by the order or orders relating to an emergency situation, the chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration describing the orders, including-- ``(1) the reasons for issuing the orders; ``(2) the duration of the orders; ``(3) the effects of the orders on litigants; and ``(4) the costs to the court resulting from the orders. ``(g) Exceptions.--The notice under subsection (e)(2) and the report under subsection (f) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.''. (B) Clerical amendment.--The table of contents of chapter 9 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter III the following: ``11-947. Emergency authority to toll or delay proceedings.''. (2) Proceedings in court of appeals.-- (A) In general.--Subchapter III of Chapter 7 of title 11, District of Columbia Official Code, is amended by adding at the end the following new section: ``Sec. 11-745. Emergency authority to toll or delay proceedings. ``(a) Tolling or Delaying Proceedings.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of the Court of Appeals or a natural disaster or other emergency situation rendering it impracticable for the United States or District of Columbia Government or a class of litigants to comply with deadlines imposed by any Federal or District of Columbia law or rule that applies in the Court of Appeals, the chief judge of the Court of Appeals may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the Court of Appeals. ``(3) Unavailability of chief judge.--If the chief judge of the Court of Appeals is absent or disabled, the authority conferred by this section may be exercised by the judge designated under section 11-706(a) or by the Joint Committee on Judicial Administration. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `natural disaster' means any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion; and ``(B) the term `other emergency situation' includes but is not limited to any occasion or instance of terrorism, enemy attack, sabotage, other hostile action, disease, or any manmade cause which results in an imminent threat, severe damage, or injury to life or property, or loss thereof, or results in the destruction of or severe damage to a court house, or impairs the ability to access a courthouse, or the ability to staff the courts. ``(b) Issuance of Orders.--The United States Attorney for the District of Columbia or the Attorney General for the District of Columbia or the designee of either may request issuance of an order under this section, or the chief judge may act on his or her own motion. ``(c) Duration of Orders.--An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that if the chief judge determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the Joint Committee on Judicial Administration, enter additional orders under this section in order to further toll or extend such time deadline. ``(d) Notice.--Upon issuing an order under this section, the chief judge-- ``(1) shall make all reasonable efforts to publicize the order, including, when possible, announcing the order on the District of Columbia Courts web site; and ``(2) shall send notice of the order, including the reasons for the issuance of the order, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. ``(e) Required Reports.--Not later than 180 days after the expiration of the last extension or tolling of a time period made by the order or orders relating to an emergency situation, the chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration describing the orders, including-- ``(1) the reasons for issuing the orders; ``(2) the duration of the orders; ``(3) the effects of the orders on litigants; and ``(4) the costs to the court resulting from the orders. ``(f) Exceptions.--The notice under subsection (d)(2) and the report under subsection (e) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.''. (B) Clerical amendment.--The table of contents of chapter 7 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter III the following: ``11-745. Emergency authority to toll or delay proceedings.''. (c) Permitting Agreements to Provide Services on a Reimbursable Basis to Other District Government Offices.-- (1) In general.--Section 11-1742, District of Columbia Official Code, is amended by adding at the end the following new subsection: ``(d) To prevent duplication and to promote efficiency and economy, the Executive Officer may enter into agreements to provide the Mayor of the District of Columbia with equipment, supplies, and services and credit reimbursements received from the Mayor for such equipment, supplies, and services to the appropriation of the District of Columbia Courts against which they were charged.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to fiscal year 2010 and each succeeding fiscal year. SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER SERVICE. Section 307 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1607, D.C. Official Code) is amended by adding at the end the following new subsection: ``(e) The Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services under this Act while acting within the scope of that person's office or employment, including but not limited to such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, loss of property, or personal injury, or death arising from malpractice or negligence of any such officer or employee.''. SEC. 4. REDUCTION IN TERM OF SERVICE OF JUDGES ON FAMILY COURT OF THE SUPERIOR COURT. (a) Reduction in Term of Service.--Section 11-908A(c)(1), District of Columbia Official Code, is amended by striking ``5 years'' and inserting ``3 years''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any individual serving as a judge on the Family Court of the Superior Court of the District of Columbia on or after the date of the enactment of this Act. Passed the House of Representatives November 16, 2010. Attest: LORRAINE C. MILLER, Clerk.

D.C. Courts and Public Defender Service Act of 2010 - Amends the District of Columbia Official Code to require the chief judge of the District of Columbia Court of Appeals to: (1) call biennial or, as under current law, annual judicial conferences; and (2) summon active magistrate judges to such conferences. Authorizes the chief judges of the District Superior Court and of the District Court of Appeals to toll or delay judicial proceedings in certain natural disaster or other emergency situations. Authorizes the Executive Officer of the District of Columbia courts to enter into agreements to provide the Mayor of the District with equipment, supplies, and services and credit reimbursements received from the Mayor for them to the appropriation of the District of Columbia courts against which they were charged. Amends the District of Columbia Court Reform and Criminal Procedure Act of 1970 to require the District of Columbia Public Defender Service, to the extent its Director considers appropriate, to provide representation for and hold harmless, or provide liability insurance for, any employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational, management, or related services while acting within the scope of that person's office or employment, including employment actions, injury, loss of liberty, property damage, loss of property, personal injury, or death arising from the officer's or employee's malpractice or negligence. Amends the District of Columbia Official Code to reduce from five years to three years the term for a judge of the Family Court of the Superior Court.

To amend title 11, District of Columbia Official Code, to revise certain administrative authorities of the District of Columbia courts, to authorize the District of Columbia Public Defender Service to provide professional liability insurance for officers and employees of the Service for claims relating to services furnished within the scope of employment with the Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Staffing Accountability Act of 2002''. SEC. 2. IMPROVING THE AVAILABILITY OF ACCURATE DATA ON NURSING FACILITY STAFFING. (a) Medicare.--Section 1819(b)(8) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.--Beginning on July 1, 2003, a skilled nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in subparagraph (A) through electronic data submission not less frequently than quarterly and the Secretary shall make such data publicly available, including by posting such data on an Internet website. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. (b) Medicaid.--Section 1919(b)(8) of the Social Security Act (42 U.S.C. 1395r(b)(8)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.--Beginning on July 1, 2003, a nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in subparagraph (A) through electronic data submission not less frequently than quarterly and the Secretary shall make such data publicly available, including by posting such data on an Internet website. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. (c) Report.--Not later than October 1, 2003, the Secretary of Health and Human Services shall submit to Congress a report on-- (1) the manner in which the Secretary intends to implement reporting of additional nurse staffing variables such as unit worked, day of week (weekday and weekend), and type of care (direct or administrative) provided; and (2) the most effective mechanisms for auditing nurse staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively). (d) Effective Date.--The amendments made by this section shall apply with respect to calendar quarters beginning on and after January 1, 2003. SEC. 3. CREATING A STAFFING QUALITY MEASURE FOR CONSUMERS TO COMPARE NURSING FACILITIES. (a) In General.--Beginning on October 1, 2003, and for as long as the Secretary of Health and Human Services publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff that-- (1) includes the average daily total nursing hours worked for the quarterly reporting period for which data is submitted under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 2); (2) is sensitive to case mix and quality outcomes; and (3) indicates the percentile in which each nursing facility falls compared with other nursing facilities in the State. The Secretary shall not be required to comply with the requirements of paragraph (2) to the extent that the development of a methodology to comply with such requirement would delay the implementation of this section. (b) Form and Manner.--The nursing facility staffing measure described in subsection (a) shall be displayed in the same form and manner as information that the Secretary displays to help the public compare the quality of care that nursing facilities provide. (c) Periodic Revisions.--The Secretary may revise the nursing facility staffing measure described in subsection (a) from time to time to improve the accuracy of such measure.

Nursing Home Staffing Accountability Act of 2002 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the information posted daily by skilled nursing facilities and nursing facilities for each nursing shift to include information regarding nurse staffing with respect to beds made available by reason of an agreement between the Secretary of Health and Human Services and a hospital to use its inpatient hospital facilities to furnish services which, if furnished by a skilled nursing facility, would constitute extended care services.Requires a skilled nursing facility and a nursing facility to submit electronically to the Secretary at least quarterly the nursing staff data posted daily for each nursing shift. Requires the Secretary to make such data publicly available, including on an Internet website. Requires a periodic audit of such data.Provides that, for as long as the Secretary publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff.

A bill to amend titles XVIII and XIV of the Social Security Act to improve the availability of accurate nursing facility staffing information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peace Corps Charter for the 21st Century Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Peace Corps was established in 1961 to promote world peace and friendship through the service of American volunteers abroad. (2) The three goals codified in the Peace Corps Act which have guided the Peace Corps and its volunteers over the years, can work in concert to promote global acceptance of the principles of international peace and nonviolent coexistence among peoples of diverse cultures and systems of government. (3) The Peace Corps has operated in 135 countries with 165,000 Peace Corps volunteers since its establishment. (4) The Peace Corps has sought to fulfill three goals, as follows: to help people in developing nations meet basic needs, to promote understanding of America's values and ideals abroad, and to promote an understanding of other peoples by Americans. (5) After more than 40 years of operation, the Peace Corps remains the world's premier international service organization dedicated to promoting grassroots development. (6) The Peace Corps remains committed to sending well trained and well supported Peace Corps volunteers overseas to promote world peace, friendship, and grassroots development. (7) The Peace Corps is an independent agency, and therefore no Peace Corps personnel or volunteers should have any relationship with any United States intelligence agency or be used to accomplish any other goal than the goals established by the Peace Corps Act. (8) The Crisis Corps has been an effective tool in harnessing the skills and talents for returned Peace Corps volunteers and should be expanded to utilize to the maximum extent the pool of talent from the returned Peace Corps volunteer community. (9) The Peace Corps is currently operating with an annual budget of $275,000,000 in 70 countries with 7,000 Peace Corps volunteers. (10) There is deep misunderstanding and misinformation about American values and ideals in many parts of the world, particularly those with substantial Muslim populations, and a greater Peace Corps presence in such places could foster greater understanding and tolerance of those countries. (11) Congress has declared that the Peace Corps should be expanded to sponsor a minimum of 10,000 Peace Corps volunteers. (12) President George W. Bush has called for the doubling of the number of Peace Corps volunteers in service in a fiscal year to 15,000 volunteers in service by the end of fiscal year 2007. (13) Any expansion of the Peace Corps shall not jeopardize the quality of the Peace Corps volunteer experience, and therefore can only be accomplished by an appropriate increase in field and headquarters support staff. (14) It would be extremely useful for the Peace Corps to establish an office of strategic planning to evaluate existing programs and undertake long-term planning in order to facilitate the orderly expansion of the Peace Corps from its current size to the stated objective of 15,000 volunteers in the field by the end of fiscal year 2007. (15) The Peace Corps would benefit from the advice and council of a streamlined bipartisan National Peace Corps Advisory Council composed of distinguished returned Peace Corps volunteers. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Director.--The term ``Director'' means the Director of the Peace Corps. (3) Peace corps volunteer.--The term ``Peace Corps volunteer'' means a volunteer or a volunteer leader under the Peace Corps Act. (4) Returned peace corps volunteer.--The term ``returned Peace Corps volunteer'' means a person who has been certified by the Director as having served satisfactorily as a Peace Corps volunteer. SEC. 4. RESTATEMENT OF INDEPENDENCE OF THE PEACE CORPS. (a) In General.--Section 2A of the Peace Corps Act (22 U.S.C. 2501- 1) is amended by adding at the end the following new sentence: ``As an independent agency, all recruiting of volunteers shall be undertaken solely by the Peace Corps.''. (b) Details and Assignments.--Section 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) is amended by inserting after ``Provided, That'' the following: ``such detail or assignment does not contradict the standing of Peace Corps volunteers as being independent from foreign policy-making and intelligence collection: Provided further, That''. SEC. 5. REPORTS TO CONGRESS. (a) Consultations and Reports Concerning New Initiatives.--Section 11 of the Peace Corps Act (22 U.S.C. 2510) is amended-- (1) by inserting ``(a) Annual Reports.--'' immediately before ``The President shall transmit''; and (2) by adding at the end thereof the following: ``(b) Consultations and Reports on New Initiatives.--Thirty days prior to implementing any new initiative, the Director shall consult with the Peace Corps National Advisory Council established in section 12 and shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report describing the objectives that such initiative is intended to fulfill, an estimate of any costs that may be incurred as a result of the initiative, and an estimate of any impact on existing programs, including the impact on the safety of volunteers under this Act.''. (b) Country Security Reports.--Section 11 of the Peace Corps Act (22 U.S.C. 2510), as amended by subsection (a), is further amended by adding at the end the following: ``(c) Country Security Reports.--The Director of the Peace Corps shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report annually on the status of security procedures in any country in which the Peace Corps operates programs or is considering doing so. Each report shall include recommendations when appropriate as to whether security conditions would be enhanced by colocating volunteers with international or local nongovernmental organizations, or with the placement of multiple volunteers in one location.''. (c) Report on Student Loan Forgiveness Programs.--Not later than 30 days after the date of enactment of this Act, the Director of the Peace Corps shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report-- (1) describing the student loan forgiveness programs currently available to Peace Corps volunteers upon completion of their service; and (2) comparing such programs with other Government-sponsored student loan forgiveness programs. SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND PLACEMENT FOR COUNTRIES WHOSE GOVERNMENTS ARE SEEKING TO FOSTER GREATER UNDERSTANDING BY AND ABOUT THEIR CITIZENS. (a) Report.--Not later than 60 days after the date of enactment of this Act, the Director shall submit a report to the appropriate congressional committees describing the initiatives that the Peace Corps intends to pursue in order to solicit requests from eligible countries where the presence of Peace Corps volunteers would facilitate a greater understanding that there exists a universe of commonly shared human values and aspirations and would dispel unfounded fears and suspicion among peoples of diverse cultures and systems of government, including peoples from countries with substantial Muslim populations. Such report shall include-- (1) a description of the recruitment strategies to be employed by the Peace Corps to recruit and train volunteers with the appropriate language skills and interest in serving in such countries; and (2) a list of the countries that the Director has determined should be priorities for special recruitment and placement of Peace Corps volunteers. (b) Use of Returned Peace Corps Volunteers.--Notwithstanding any other provision of law, the Director is authorized and strongly urged to utilize the services of returned Peace Corps volunteers having language and cultural expertise, including those returned Peace Corps volunteers who may have served previously in countries with substantial Muslim populations, in order to open or reopen Peace Corps programs in such countries. (c) Allocation of Funds.--In addition to amounts authorized to be appropriated to the Peace Corps by section 11 for the fiscal years 2003, 2004, 2005, and 2006, there is authorized to be appropriated for the Peace Corps $5,000,000 each such fiscal year solely for the recruitment, training, and placement of Peace Corps volunteers in countries whose governments are seeking to foster greater understanding by and about their citizens. SEC. 7. GLOBAL INFECTIOUS DISEASES INITIATIVE. (a) In General.--The Director, in cooperation with the Centers for Disease Control and Prevention, the National Institutes of Health, the World Health Organization and the Pan American Health Organization, local public health officials, shall develop a program of training for all Peace Corps volunteers in the areas of education, prevention, and treatment of infectious diseases in order to ensure that all Peace Corps volunteers make a contribution to the global campaign against such diseases. (b) Definitions.--In this section: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (3) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (4) Infectious diseases.--The term ``infectious diseases'' means HIV/AIDS, tuberculosis, and malaria. SEC. 8. PEACE CORPS ADVISORY COUNCIL. Section 12 of the Peace Corps Act (22 U.S.C. 2511; relating to the Peace Corps National Advisory Council) is amended-- (1) by amending subsection (b)(2)(D) to read as follows: ``(D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps.''; (2) in subsection (c)-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (1), as so redesignated-- (i) in subparagraph (A)-- (I) by striking ``fifteen'' and inserting ``seven''; and (II) by striking the second sentence and inserting the following: ``All of the members shall be former Peace Corps volunteers, and not more than four shall be members of the same political party.''; (ii) by striking subparagraphs (B), (E), and (H); (iii) by redesignating subparagraphs (C), (D), (F), (G), and (I) as subparagraphs (B), (C), (D), (E), and (F), respectively; and (iv) by amending subparagraph (C), as so redesignated, to read as follows: ``(C) The members of the Council shall be appointed to 2-year terms.''; (3) by amending subsection (g) to read as follows: ``(g) Chair.--The President shall designate one of the voting members of the Council as Chair, who shall serve in that capacity for a period not to exceed two years.''; (4) by amending subsection (h) to read as follows: ``(h) Meetings.--The Council shall hold a regular meeting during each calendar quarter at a date and time to be determined by the Chair of the Council.''; and (5) by amending subsection (i) to read as follows: ``(i) Report.--Not later than July 30, 2003, and annually thereafter, the Council shall submit a report to the President and the Director of the Peace Corps describing how the Council has carried out its functions under subsection (b)(2).''. SEC. 9. READJUSTMENT ALLOWANCES. The Peace Corps Act is amended-- (1) in section 5(c) (22 U.S.C. 2504(c)), by striking ``$125'' and inserting ``$200''; and (2) in section 6(1) (22 U.S.C. 2505(1)), by striking ``$125'' and inserting ``$200''. SEC. 10. PROGRAMS AND PROJECTS OF RETURNED PEACE CORPS VOLUNTEERS TO PROMOTE THE GOALS OF THE PEACE CORPS. (a) Purpose.--The purpose of this section is to provide support for returned Peace Corps volunteers to develop programs and projects to promote the objectives of the Peace Corps, as set forth in section 2 of the Peace Corps Act. (b) Grants to Certain Nonprofit Corporations.-- (1) Grant authority.--To carry out the purpose of this section, and subject to the availability of appropriations, the Director of the Corporation for National and Community Service shall award grants on a competitive basis to private nonprofit corporations that are established in the District of Columbia for the purpose of serving as incubators for returned Peace Corps volunteers seeking to use their knowledge and expertise to undertake community-based projects to carry out the goals of the Peace Corps Act. (2) Eligibility for grants.--To be eligible to compete for grants under this section, a nonprofit corporation must have a board of directors composed of returned Peace Corps volunteers with a background in community service, education, or health. The director of the corporation (who may also be a board member of the nonprofit corporation) shall also be a returned Peace Corps volunteer with demonstrated management expertise in operating a nonprofit corporation. The stated purpose of the nonprofit corporation shall be to act solely as an intermediary between the Corporation for National and Community Service and individual returned Peace Corps volunteers seeking funding for projects consistent with the goals of the Peace Corps. The nonprofit corporation may act as the accountant for individual volunteers for purposes of tax filing and audit responsibilities. (c) Grant Requirements.--Such grants shall be made pursuant to a grant agreement between the Director and the nonprofit corporation that requires that-- (1) grant funds will only be used to support programs and projects described in subsection (a) pursuant to proposals submitted by returned Peace Corps volunteers (either individually or cooperatively with other returned volunteers); (2) the nonprofit corporation give consideration to funding individual projects or programs by returned Peace Corps volunteers up to $100,000; (3) not more than 20 percent of funds made available to the nonprofit corporation will be used for the salaries, overhead, or other administrative expenses of the nonprofit corporation; and (4) the nonprofit corporation will not receive grant funds under this section for more than two years unless the corporation has raised private funds, either in cash or in kind, for up to 40 percent of its annual budget. (d) Funding.--Of the funds available to the Corporation for National and Community Service for fiscal year 2003 or any fiscal year thereafter, not to exceed $10,000,000 shall be available for each such fiscal year to carry out the grant program established under this section. (e) Status of the Fund.--Nothing in this section shall be construed to make any nonprofit corporation supported under this section an agency or establishment of the United States Government or to make the members of the board of directors or any officer or employee of such corporation an officer or employee of the United States. (f) Factors in Awarding Grants.--In determining the number of private nonprofit corporations to award grants to in any fiscal years, the Director should balance the number of organizations against the overhead costs that divert resources from project funding. (g) Congressional Oversight.--Grant recipients under this section shall be subject to the appropriate oversight procedures of Congress. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) is amended-- (1) by striking ``2002, and'' and inserting ``2002,''; and (2) by inserting before the period the following: ``, $465,000,000 for fiscal year 2004, $500,000,000 for fiscal year 2005, $560,000,000 for fiscal year 2006, and $560,000,000 for fiscal year 2007''. (b) Increase in Peace Corps Volunteer Strength.--Section 3(c) of the Peace Corps Act (22 U.S.C. 2502(c)) is amended by adding the following new subsection at the end thereof: ``(d) In addition to the amounts authorized to be appropriated in this section, there are authorized to be appropriated such additional sums as may be necessary to achieve a volunteer corps of 15,000 as soon as practicable, taking into account the security of volunteers and the effectiveness of country programs.''.

Peace Corps Charter for the 21st Century Act - Amends the Peace Corps Act to require all recruiting of volunteers to be undertaken solely by the Peace Corps. Conditions the President's authority to detail or assign Peace Corps volunteers to certain Federal and State agencies and other entities upon a determination that such a detail or assignment does not contradict the standing of such volunteers as being independent from foreign policy-making and intelligence collection.Requires the Director of the Peace Corps, before implementing any new initiative, to consult with the Peace Corps National Advisory Council and to report to Congress on: (1) the initiative's objectives and costs, and any impact it may have on existing programs and the safety of volunteers; (2) the status of security procedures in any country in which the Peace Corps operates programs or is considering doing so; (3) student loan forgiveness programs currently available to Peace Corps volunteers; and (4) initiatives the Peace Corps intends to pursue in order to solicit requests from eligible countries where the presence of volunteers would facilitate a greater understanding of the world and of diverse cultures and systems of government, including peoples from countries with substantial Muslim populations.Requires the Director to develop a training program for all Peace Corps volunteers in the education, prevention, and treatment of infectious diseases.Increases Peace Corps volunteer readjustment allowances to $200 a month.Establishes a program to award grants to private nonprofit corporations in the District of Columbia to serve as incubators for returned Peace Corps volunteers seeking to use their knowledge and expertise to undertake community-based projects.

To amend the Peace Corps Act to promote global acceptance of the principles of international peace and nonviolent coexistence among peoples of diverse cultures and systems of government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme and Infectious Disease Information and Fairness in Treatment (LIIFT) Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) According to the Centers for Disease Control and Prevention, cases of this tick-borne disease have increased 25- fold since national surveillance of it began in 1982. Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) According to studies, Lyme disease costs our Nation between $1,000,000,000 to $2,000,000,000 each year in increased medical costs, lost productivity, prolonged pain and suffering, unnecessary testing, and costly delays in diagnosis and inappropriate treatment. (8) Patients with Lyme disease are increasingly having difficulty obtaining diagnosis and treatment for the disease, and being restored to health. Because of differences in medical and scientific opinion, clinicians fear retaliation from insurance companies and medical licensure boards based on their diagnosis and treatment of patients. (9) A number of patients have difficulties in obtaining insurance coverage for treatment of Lyme disease. (10) Despite 14 years of Federal funding, there is still no test that can accurately determine infection so that proper treatment is adequately achieved. Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. (11) According to the General Accounting Office, over the past 10 years, the Centers for Disease Control and Prevention has only increased its allocation for tick-borne research and education by 7 percent, from $6,900,000 to $7,400,000. Over that same period, the Centers for Disease Control and Prevention's expenditures for infectious diseases rose 318 percent, from $70,800,000 to $296,000,000. (12) According to the General Accounting Office, over the past 10 years, the National Institutes of Health have increased expenditures almost every year, from $13,100,000 in fiscal year 1991 to $26,000,000 in fiscal year 2000. (13) The Lyme disease vaccine gained approval from the Food and Drug Administration in 1998. Since that time, the Food and Drug Administration has received over 1,000 adverse event reports on the vaccine, including reports of severe arthritic symptoms and even Lyme disease. SEC. 3. PURPOSE. The purpose of this Act is to establish a Tick-Borne Disorders Advisory Committee that will-- (1) provide a public voice regarding the direction and activities of the governmental agencies that deal with Lyme disease in order to create a better understanding and response by the government to the public need regarding the disease; (2) assure communication and coordination regarding tick- borne disorder issues between agencies of the Department of Health and Human Services, the biomedical community, and voluntary organizations concerned; and (3) promote coordination of activities with the Social Security Administration and Department of Defense. SEC. 4. TICK-BORNE DISORDERS ADVISORY COMMITTEE. (a) Establishment of Committee.--Not later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the ``Committee'') organized in the Office of the Secretary of Health and Human Services. (b) Duties.--The Committee shall advise the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') regarding how to-- (1) provide public input on the public's needs regarding tick-borne disorders, so that government agencies can more effectively plan and execute their activities, thus improving the response to public need; (2) assure interagency coordination and communication and minimize overlap regarding tick-borne disorder issues; (3) identify opportunities to coordinate efforts with other Federal agencies and tick-borne disorder national nonprofits; and (4) develop informed responses to constituency groups regarding the efforts and progress of the Department of Health and Human Services. (c) Membership.-- (1) In general.--The Secretary shall appoint 11 voting members to the Committee of which-- (A) 3 shall be scientific community members, including a researcher or public health official, with demonstrated achievement in tick-borne education, research, or advocacy, and extensive experience in working with a diverse range of patients, patient groups, and tick-borne non-profits; (B) 3 shall be representatives of national tick- borne disorder voluntary organizations that advocate for the public, as well as those suffering from or providing medical care to patients with tick-borne disorders; (C) 3 shall be clinicians with extensive experience in the diagnoses and treatment of tick-borne diseases and with long-term experience, independent of an individual practice or research, in working with patients, patient groups, and tick-borne non-profits; and (D) 2 shall be patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (2) Ex-officio representatives.--The Committee shall have nonvoting ex-officio members of which-- (A) 2 shall be from the Centers for Disease Control and Prevention, 1 of which shall be from the Viral and Rickettsial Diseases Division of the Viral and Rickettsial Zoonoses Branch; (B) 1 shall be from the Food and Drug Administration, Office of Special Health Issues, in the Office of the Commissioner; (C) 3 shall be from the National Institutes of Health-- (i) 1 of which shall be from the Rocky Mountain Laboratories Microscopy Branch; and (ii) 1 of which shall be a pathologist with the National Institutes of Health who has extensive experience in Lyme disease research and a demonstrated ability to work well with diverse groups in the patient, public, and health care provider communities; (D) 1 shall be from the Health Resources and Services Administration; (E) 1 shall be from the Social Security Administration; (F) 1 shall be from the Department of Defense, United States Army Center for Health Promotion and Preventive Medicine; (G) 1 shall be from the Health Care Financing Administration; and (H) any additional members shall be added from other Departments if necessary to aid the Committee in its overall goals. (d) Chairperson.--The Assistant Secretary for Health (Department of Health and Human Services) shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c)(1). The public co-chairperson shall serve a 2-year term and retain all voting rights. (e) Term of Appointment.--All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy.--If there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (g) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the Chairperson. Agenda items can be added at the request of the Committee members, as well as the Chairperson. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content.--Such reports shall describe-- (A) progress in the development of more accurate diagnostic tools and tests; (B) the development of the other seven categories of case definitions; (C) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding the best and most effective methods to prevent, diagnose and treat tick-borne disorders; (D) the improved access to disability benefits policies for people living with tick-borne disorders; and (E) recommendations for resolving differences in medical and scientific opinion that have resulted in the exceptional number of reviews of Lyme disease clinicians by insurance companies and State medical licensure boards. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act, $250,000 for each of the fiscal years 2002 and 2003. SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION. There are authorized to be appropriated for the Centers for Disease Control and Prevention-- (1) $14,500,000 for each of the fiscal years 2002 and 2003 to enable such Centers to focus on developing better diagnostic tools and tests, expanding educational efforts regarding other tick-borne disorders beyond Lyme disease, and re-educating clinicians, medical licensure boards, and health care insurers about the inappropriate uses of the Lyme disease case surveillance definition in the diagnosis and treatment of patients; and (2) $7,000,000 for each of the fiscal years 2002 and 2003 to collaborate with the National Institutes of Health, the Department of Defense, and other appropriate agencies for further research on tick-borne disorders, including the study of preventive methods to decrease exposure to such disorders. SEC. 6. NATIONAL INSTITUTES OF HEALTH. The Director of the National Institutes of Health, in working with the Tick-Borne Disorders Advisory Committee established under this Act, and recognizing that tick-borne disorders affect multiple systems of the body, shall coordinate activities and research regarding tick-borne diseases across Institutes to encourage collaborative research.

Lyme and Infectious Disease Information and Fairness in Treatment (LIFT) Act - Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS and the Social Security Administration (SSA) Commissioner regarding how to: (1) provide public input on the public's needs regarding tick-borne disorders (lyme and other infectious diseases) so that government agencies can coordinate and more effectively plan and execute their activities; and (2) develop informed responses to constituency groups regarding the efforts and progress of the HHS and SAA.Authorizes appropriations to the Centers for Disease Control and Prevention to: (1) focus on developing better diagnostic tools and tests, expanding educational efforts, and re-educating clinicians, medical license boards, and health care insurers about the inappropriate uses of the Lyme disease case surveillance definition in patient diagnosis and treatment; and (2) collaborate with the National Institutes of Health, the Department of Defense, and other appropriate agencies for further research on tick-borne disorders, including study of preventive methods to decrease exposure to them.Requires the Director of the National Institutes of Health to coordinate activities and research regarding tick-borne diseases across Institutes to encourage collaborative research.

To establish a Tick-Borne Disorders Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Travelers Bill of Rights Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered website operator.--The term ``covered website operator'' means an individual or entity that operates an Internet website that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates an Internet website that offers international travel services. (3) International travel services.--The term ``international travel services'' means a service that a consumer can use to reserve lodging at an overseas vacation destination. (4) Overseas vacation destination.--The term ``overseas vacation destination'' means a resort, hotel, retreat, hostel, or any other similar lodging located outside the United States. (5) United states.--The term ``United States'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS. (a) In General.--A covered website operator shall provide to consumers information on the Internet website of the covered website operator, in a manner the website operator considers appropriate, regarding the potential health and safety risks associated with overseas vacation destinations marketed on such website, if any, including the following: (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts. (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination-- (A) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests; (B) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation; (C) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and (D) employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests. (b) Services Not Available 24 Hours a Day.--If the onsite health and safety services described in subsection (a)(2) are not available 24 hours a day, 7 days a week, a covered website operator who provides information about such services under subsection (a) shall display the hours and days of availability on its Internet website in a manner the covered website operator considers appropriate. (c) Minimum Requirement for Obtaining Information.--If a covered website operator does not possess, with respect to an overseas vacation destination, information about the onsite health and safety services required to be displayed on its Internet website under subsection (a), the covered website operator shall, at a minimum, request such information from such destination. (d) Information Not Available.--If onsite health and safety services described in subsection (a)(2) are not available at an overseas vacation destination, or if a covered website operator does not possess information about the onsite health and safety services required to be displayed on its Internet website under subsection (a), the covered website operator shall display on the Internet website of the website operator, in a manner the website operator considers appropriate, the following: ``This destination does not provide certain health and safety services, or information regarding such services is not available.''. (e) Immunity.--A covered website provider shall not be liable in a civil action in a Federal or State court relating to inaccurate or incomplete information published under subsection (a) regarding an overseas vacation destination that is not owned or operated by the covered website provider if-- (1) such information was provided by the overseas vacation destination; and (2) the covered website provider published such information without knowledge that such information was inaccurate or incomplete, as the case may be. SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts of Practices.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act 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. (c) Deadline for Issuance of Regulations.--The Commission shall prescribe regulations to carry out this Act not later than 1 year after the date of the enactment of this Act. SEC. 5. DEPARTMENT OF STATE RECORDS OF OVERSEAS DEATHS OF UNITED STATES CITIZENS FROM NONNATURAL CAUSES. (a) Increased Granularity of Data Collected.--Subsection (a) of section 57 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2729) is amended by striking paragraph (2) and inserting the following: ``(2) The location of where the death occurred, including the address of the location, the name of the property where the death occurred, and the state or province and municipality of such location, if available.''. (b) Increased Frequency of Publication.--Subsection (c) of such section is amended by striking ``at least every six months'' and inserting ``not less frequently than once each month''. (c) Monthly Reports to Congress.--Such section is amended by adding at the end the following: ``(d) Reports to Congress.--Each time the Secretary updates the information made available under subsection (c), the Secretary shall submit to Congress a report containing such information.''.

International Travelers Bill of Rights Act of 2011 - Requires an individual or entity that operates a website that provides access to international travel services to provide to consumers information regarding the health and safety risks associated with overseas vacation destinations marketed on such website, including: (1) information compiled by the Department of State that includes country-specific travel warnings and alerts; and (2) information on the availability of on site health and safety services at a destination, including the hours and days such services are available, or a disclaimer that such destination does not provide certain health and safety services or that information regarding such services is not available. Requires a website operator that does not possess information on a destination's health and safety services to request it from that destination. Grants the website operator immunity from liability relating to inaccurate or incomplete information if such information was provided by the destination and the operator published it without knowledge that it was inaccurate or incomplete. Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) collect and include in the database on overseas deaths of U.S. citizens from non-natural causes information on the name and address of the property where a death occurred, and (2) update the database not less frequently than once each month (currently, every six months) and to report such updated information to Congress.

To require operators of Internet websites that provide access to international travel services and market overseas vacation destinations to provide on such websites information to consumers regarding the potential health and safety risks associated with traveling to such vacation destinations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in America's Small Manufacturers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2015, manufacturers contributed over $2,000,000,000,000 to the United States economy and accounted for over 12 percent of United States gross domestic product. (2) Manufacturing is one of the most important sectors of the United States economy with respect to employment. In 2013, the manufacturing sector supported over 17,000,000 indirect jobs in the United States, in addition to the 12,000,000 individuals who were directly employed in manufacturing. Combined, these indirect and direct manufacturing jobs represented more than 20 percent of United States employment in 2013--more than any other sector. (3) While the United States has added over 14,000,000 non- farm jobs since 2010, manufacturing job growth has lagged and added only approximately 900,000 jobs. Post-recession job recovery averages since the 1940s indicate that another 1,200,000 manufacturing jobs should have been created during this period. (4) Small manufacturers are the backbone of the United States manufacturing industry, accounting for nearly half of all manufacturing jobs in the United States. Ensuring that small manufacturers have adequate access to capital is critical to creating manufacturing jobs and the growth of the United States economy. (5) The 2015 Federal Reserve Small Business Credit Survey indicates that of the 52 percent of manufacturers that applied for financing during the survey period, 65 percent did so to expand their business or to pursue a new business opportunity. The survey also indicates that 42 percent of manufacturers received less financing than they requested, the primary result of which was delayed expansion of their business. (6) The loan guarantee programs of the Small Business Administration under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) encourage lenders to provide loans to creditworthy small businesses that would not otherwise obtain financing on reasonable terms and conditions and can serve as an excellent mechanism by which to increase the availability of affordable credit to small manufacturers in the United States. SEC. 3. SMALL MANUFACTURERS. (a) Loan Guarantee Percentage.--Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``and (E)'' and inserting ``(E), and (F)''; and (2) by adding at the end the following: ``(F) Participation for manufacturers.-- ``(i) In general.--In an agreement to participate in a loan on a deferred basis under this subsection for a small business concern assigned to a North American Industry Classification System code for manufacturing or that is designated by the Administrator under clause (ii), the participation by the Administration shall be 90 percent. ``(ii) Addition of advanced manufacturing sectors.--After submitting notice to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, the Administrator may designate a North American Industry Classification System code for purposes of clause (i) if the Administrator determines the code-- ``(I) is not a manufacturing code under the North American Industry Classification System; and ``(II) corresponds to a sector in which manufacturing is a considerable component of the operations of a small business concern, as determined by the Administrator, including advanced manufacturing.''. (b) Guarantee Fee Reduction.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended-- (1) in subparagraph (A), by striking ``With respect'' and inserting ``Except as provided in subparagraph (C), with respect''; and (2) by adding at the end the following: ``(C) Manufacturers.-- ``(i) In general.--Subject to clause (ii), with respect to a loan guaranteed under this subsection for a small business concern described in paragraph (2)(F)(i)-- ``(I) the Administration may not collect a guarantee fee under this paragraph for a loan of not more than $350,000; and ``(II) for a loan of more than $350,000, the Administration shall collect a guarantee fee under this paragraph equal to 50 percent of the guarantee fee that the Administration would otherwise collect for the loan. ``(ii) Exception.--The requirements of clause (i) shall not apply to loans made during a fiscal year if-- ``(I) the budget of the President for that fiscal year, submitted to Congress under section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero; and ``(II) the Administrator submits to Congress-- ``(aa) notice regarding the determination of cost described in subclause (I); and ``(bb) a detailed discussion indicating why not implementing clause (i) will cause the cost of the program established under this subsection to be not more than zero.''. (c) Assistance Through SBA Programs.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7(a) (15 U.S.C. 636(a)), by adding at the end the following: ``(35) Assistance for small manufacturers.--The Administrator shall ensure that each district office of the Administration provides training to small business concerns described in paragraph (2)(F)(i) in obtaining assistance under this subsection, including with respect to the application process and partnering with participating lenders under this subsection.''; (2) in section 8 (15 U.S.C. 637), by striking subsection (c) and inserting the following: ``(c) Assistance for Small Manufacturers in SCORE Program.-- ``(1) Definition.--In this subsection, the term `SCORE program' means the Service Corps of Retired Executives authorized under subsection (b)(1)(B). ``(2) Volunteers.--Under the SCORE program, the Administrator shall recruit volunteers to assist small business concerns described in section 7(a)(2)(F)(i) in obtaining assistance under section 7(a) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with respect to the application process and partnering with participating lenders under that section.''; (3) in section 21(c)(3) (15 U.S.C. 648(c)(3))-- (A) in subparagraph (S), by striking ``and'' at the end; (B) in subparagraph (T), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(U) providing training to small business concerns described in section 7(a)(2)(F)(i) in obtaining assistance under section 7(a) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with respect to the application process and partnering with participating lenders under that section.''; (4) in section 29(b) (15 U.S.C. 656(b))-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) training to small business concerns owned and controlled by women that are small business concerns described in section 7(a)(2)(F)(i) in obtaining assistance under section 7(a) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with respect to the application process and partnering with participating lenders under that section.''; and (5) in section 32 (15 U.S.C. 657b), by adding at the end the following: ``(g) Assistance for Small Manufacturers.--The Associate Administrator shall ensure that Veterans Business Outreach Centers assist small business concerns described in section 7(a)(2)(F)(i) in obtaining assistance under section 7(a) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with respect to the application process and partnering with participating lenders under that section.''. (d) Partnering With NIST.--The Small Business Administration and its resource partners may establish partnerships with the Hollings Manufacturing Extension Partnership Program of the National Institute of Standards and Technology and its affiliated centers to facilitate outreach to small manufacturers in providing training and guidance with respect to the application process for loans guaranteed by the Administration. SEC. 4. DEVELOPMENT COMPANY DEBENTURES. (a) Amount of Guaranteed Debenture.--Section 503(a) of the Small Business Investment Act of 1958 (15 U.S.C. 697(a)) is amended by adding at the end the following: ``(5)(A) Any debenture issued by a State or local development company to a small manufacturer (as defined in section 501(e)(6)) with respect to which a guarantee is made under this subsection shall be in an amount equal to not more than 50 percent of the cost of the project with respect to which such debenture is issued. ``(B) Subparagraph (A) shall not apply to debentures issued during a fiscal year if-- ``(i) the cost to the Federal Government of making guarantees under this section is above zero; and ``(ii) the Administrator submits to Congress-- ``(I) notice regarding the determination of cost described in clause (i); and ``(II) a detailed discussion indicating why not implementing subparagraph (A) will cause the cost to the Federal Government of making guarantees under this section to be not more than zero.''. (b) Startup Small Manufacturers.--Section 502(3)(C)(i) of the Small Business Investment Act of 1958 (15 U.S.C. 696(3)(C)(i)) is amended by inserting ``is not a small manufacturer (as defined in section 501(e)(6)) and'' after ``small business concern''. SEC. 5. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN MANUFACTURING. (a) Transfer of Existing Program.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended-- (1) by striking section 26 (15 U.S.C. 3721); and (2) by redesignating sections 27 and 28 (15 U.S.C. 3722 and 3723) as sections 26 and 27, respectively. (b) Authority of SBA.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; (B) the term ``business loan programs of the Administration'' means the programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); and (C) the term ``small manufacturer'' means a business concern described in section 7(a)(2)(F)(i) of the Small Business Act, as amended by this Act. (2) Authorization.--To the extent the Administrator determines that the assistance available to small manufacturers under section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721), as in effect on the day before the date of enactment of this Act, is not available under the business loan programs of the Administration, the Administrator shall ensure that the business loan programs of the Administration provide adequate support for innovative technologies in manufacturing. (3) Reporting.--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 a report regarding any determination or activity of the Administrator under paragraph (2). (c) Savings Clause.--Any loan guarantee issued under section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721), as in effect on the day before the date of enactment of this Act, shall remain in full force and effect under the terms, and for the duration, of the loan guarantee agreement.

Investing in America's Small Manufacturers Act This bill amends the Small Business Act to authorize the Small Business Administration (SBA) to guarantee 90% of a loan to a small business manufacturing concern. The SBA may not collect a guarantee fee on these loans of more than $350,000. For loans exceeding this amount, the fee shall be 50% of the guarantee fee that the SBA would otherwise collect for the loan. The SBA must provide training to small manufacturers in obtaining SBA assistance, including on the application process and partnering with participating lenders. This bill authorizes the SBA and its partners to establish partnerships to facilitate outreach to small manufacturers with respect to the application process for SBA loan guarantees. A state or local development company's debenture issued to a small manufacturer for an SBA loan guarantee may not exceed 50% of the project's cost, subject to certain exceptions.

Investing in America's Small Manufacturers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post 9/11 Health Protection Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On September 11, 2001, in New York City, firefighters, paramedics, emergency medical technicians, police officers, laborers, survivors, and others risked their lives far and beyond what was expected of them. They took upon themselves a burden that weighed so heavily that they still carry the repercussions almost three years later. (2) It is not only necessary but obligatory upon our Nation to address the health consequences from the environmental exposures these individuals experienced after the World Trade Centers disaster, which are, as demonstrated by extensive research, directly associated with significant adverse effects on health. (3) The dust from the disaster produced bronchial hyperactivity, persistent cough, and increased risk of asthma, as well as plausible causes of observed increase in the number of infants with lower birthweights. (4) Substantial research has in addition demonstrated that these individuals have an increased future risk of mesothelioma, especially those exposed to asbestos. (5) According to the National Institutes of Health, the attacks have confirmed a ``positive relationship between the intensity of their exposure to airborne pollutants and the severity of their pulmonary symptoms.''. (6) In an article published September 5, 2003, the Agency for Toxic Substances and Disease Registry stated that ``The effects of 9/11 are still being felt today by all New Yorkers, and all Americans.''. In that article, Dr. Frieden stated that ``Hundreds of thousands of people from all walks of life were in the vicinity of the twin towers when they collapsed, and were exposed to a combination of smoke, dust, and debris.''. (7) Research has proved that the smoke and debris have been detrimental in that they have caused various health ailments such as respiratory problems, birth defects, and cancer. (8) Out of 10,116 firefighters, 332 have displayed persistent cough accompanied by other respiratory symptoms severe enough to require up to four weeks leave of absence. Among the firefighters without a cough, many were diagnosed with bronchial hyperactivity. (9) Of iron workers that were involved in cleaning and recovery, approximately 1/3 have a chronic cough, 24 percent have reported a new onset of phlegm production, and more than 17 percent have complained of a new onset of wheeze. (10) One of the greater health risks has been exposure to asbestos, which was found in the rubble in concentrations as high as 20 percent. This material may cause lung cancer and malignant mesothelioma. (11) Researchers studied 187 pregnant women, and discovered that, for women within a half mile of ground zero who inhaled the soot, pulverized glass, and other toxins, the effects were detrimental enough to result in the delivery of infants who averaged a half-pound lighter than infants of unexposed mothers, a condition known as smaller-for-gestational-age (``SGA''). (12) In the Journal of the American Medical Association, researchers of Mount Sinai Medical Center explained the pollutants as a toxic cocktail, with a potential for long-term adverse health effects. Other studies have associated the pollutants with a direct connection to heart disease and an array of chronic disorders. One example is the condition known as the World Trade Center cough; firefighters and other rescue workers have complained of this persistent respiratory illness. (13) According to Inter Press Service, 2.5 years after the attacks laborers are still suffering from severe breathing problems, skin rashes, nausea, depression, or anxiety. (14) Of emergency respondents, 80 percent have reported of having at least one respiratory symptom, such as sore throat, chest tightness, or cough and wheezing. One half complained of having problems one year later. (15) Dr. Rafael de la Hoz noted that, of about 150 day workers examined at Mount Sinai Medical Center, about 75 percent are suffering from upper airway diseases, and some have reported aggravated asthma or bronchial disease, back and musculoskeletal pain, or psychological problems such as post traumatic stress syndrome. SEC. 2. SEPTEMBER 11 EMERGENCY PERSONNEL TRUST FUND. (a) Additional Tax on High Income Taxpayers.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Additional Tax on High Income Taxpayers.--The amount determined under subsection (a), (b), (c), or (d), as the case may be, shall be increased by 1 percent of so much of adjusted gross income as exceeds $1,000,000 in the case of individuals to whom subsection (a) applies ($500,000 in any other case).''. (b) September 11 Emergency Personnel Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. SEPTEMBER 11 EMERGENCY PERSONNEL 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 `September 11 Emergency Personnel 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.--There are hereby appropriated to the September 11 Emergency Personnel Trust Fund amounts equivalent to the taxes received in the Treasury under section 1(j). ``(c) Expenditures.--Amounts in the September 11 Emergency Personnel Trust Fund shall be available to carry out sections 317T and 409J of the Public Health Service Act.''. (c) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end thereof the following new item: ``Sec. 9511. September 11 Emergency Personnel Trust Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK CITY. (a) In General.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following section: ``SEC. 317T. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK CITY. ``(a) In General.--From the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements for the purpose of carrying out baseline and follow-up screening and clinical examinations, and long-term health monitoring and analysis, for covered individuals who meet the eligibility criteria under subsection (d). ``(b) Covered Individuals.--For purposes of this section, the term `covered individuals' means-- ``(1) emergency service personnel and rescue and recovery personnel who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York, any time during the period of September 11, 2001, through August 31, 2002; ``(2) any other worker or volunteer who responded to such attacks, including-- ``(A) a police officer; ``(B) a firefighter; ``(C) an emergency medical technician; ``(D) a transit worker; ``(E) any participating member of an urban search and rescue team; ``(F) Federal and State employees; ``(G) a person who worked to recover human remains; ``(H) a person who worked on the criminal investigation; and ``(I) any other relief or rescue worker or volunteer whom the Secretary determines to be appropriate; ``(3) a worker who responded to such attacks by assisting in the cleanup or restoration of critical infrastructure in and around; ``(4) a person whose place of residence is in the declared disaster area; ``(5) a person who is employed in or attends school, child care, or adult day care in a building located in the declared disaster area; and ``(6) any other person whom the Secretary determines to be appropriate. ``(c) Award Recipient.-- ``(1) In general.--Subject to the submission of an application satisfactory to the Secretary, awards under subsection (a) shall be made only to-- ``(A) the consortium of medical entities that, pursuant to the program referred to in subsection (g), provided health services described in subsection (a) during fiscal year 2003 for the personnel described in subsection (b)(1), subject to the consortium meeting the criteria established in paragraph (2); and ``(B) the separate program carried out by the New York City Fire Department. ``(2) Criteria.--For purposes of paragraph (1)(A), the criteria described in this paragraph for the consortium referred to in such paragraph are that the consortium has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(A) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(B) conducting long-term health monitoring and epidemiological studies; ``(C) conducting long-term mental health studies; and ``(D) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(d) Eligibility of Covered Individuals.--The Secretary shall determine eligibility criteria for covered individuals to receive health services under subsection (a). Such criteria shall include the requirement that a covered individual may not receive services through the program under such section unless the individual enrolls in the program. ``(e) Certain Program Requirements.--With respect to the program under subsection (a), the Secretary shall provide for the following: ``(1) Awards under subsection (a) shall designate an amount to be available only for covered individuals who-- ``(A) are active or retired firefighters of New York City; and ``(B) in responding to the terrorist attacks of September 11, 2001, provided services in the immediate vicinity of the World Trade Center. ``(2) A covered individual enrolled in the program may not receive services under the program for a period exceeding 20 years after the date on which the individual first receives services under the program, except that the Secretary may designate a longer period if the Secretary determines that a longer period is appropriate with respect to the health of covered individuals. ``(3) The program may not establish a maximum enrollment number of fewer than 40,000 covered individuals. ``(f) Authority Regarding Treatment.--The Secretary may, to the extent determined appropriate by the Secretary, authorize the program under subsection (a) to provide treatment services to covered individuals who have no other means of obtaining treatment. ``(g) Relation to Certain Program.--Effective on and after the date of the enactment of the Remember 9/11 Health Act, the two programs carried out pursuant to the appropriation of $90,000,000 made in Public Law 107-206 under the heading `Public Health and Social Services Emergency Fund', which programs provide health services described in subsection (a) for the personnel described in subsection (b)(1), shall be considered to be carried out under authority of this section and shall be subject to the requirements of this section, except for any period of transition determined appropriate by the Secretary, not to exceed one year after such date of enactment.''. (b) Programs Regarding Attack at Pentagon.--The Secretary of Health and Human Services may, to the extent determined appropriate by the Secretary, establish with respect to the terrorist attack at the Pentagon on September 11, 2001, programs similar to the programs that are established in sections 317T and 409J of the Public Health Service Act with respect to the terrorist attacks on such date in New York City, in the State of New York. SEC. 4. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I the following section: ``SEC. 409J. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS OF INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK CITY. ``(a) In General.--With respect to covered individuals as defined in section 317T, the Director of NIH shall conduct or support-- ``(1) diagnostic research on qualifying health conditions of such individuals, in the case of conditions for which there has been diagnostic uncertainty; and ``(2) research on treating qualifying health conditions of such individuals, in the case of conditions for which there has been treatment uncertainty. ``(b) Qualifying Health Conditions.--For purposes of this section, the term `qualifying health conditions' means adverse health conditions that are considered by the Secretary to be associated with exposure to one or more of the sites of the terrorist attacks that occurred on September 11, 2001, in New York City, in the State of New York. ``(c) Consultation With Certain Medical Consortium.--The Secretary shall carry out this section in consultation with-- ``(1) the consortium of medicine entities referred to in section 317T(c)(1); and ``(2) the firefighters department of New York City, and the union for the firefighters of such department. ``(d) Annual Report.--The Director of NIH shall annually submit to the Congress a report describing the findings of research under subsection (a). ``(e) Funding.--Amounts in the September 11 Emergency Personnel Trust Fund under section 9511 of the Internal Revenue Code of 1986 are available to the Director of NIH for the purpose of research under this section.''.

Post 9/11 Health Protection Act of 2004 - Establishes in the Treasury the September 11 Emergency Personnel Trust Fund. Amends the Internal Revenue Code of 1986 to increase by one percent the tax imposed on adjusted gross income that exceeds $1,000,000 for married individuals filing jointly or that exceeds $500,000 in any other case. Appropriates amounts equal to the taxes received because of such increase to the Fund. Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to award from such Fund grants or cooperative agreements to specified programs, including one established by the New York City Fire Department, to carry out screening and clinical examinations and long-term health monitoring for covered individuals, including emergency service personnel, clean up workers, and residents affected by the terrorist attacks on September 11, 2001, in New York City. Limits such monitoring to 20 years and 40,000 individuals. Allows the Secretary to establish a similar program for those affected by the September 11, 2001, Pentagon attack. Requires the Director of the National Institutes of Health to conduct or support diagnostic or treatment research for certain adverse health conditions considered to be associated with the terrorist attacks.

To provide health services for individuals assisting with the response to the terrorist attacks in New York City on September 11, 2001, and for other purposes.

SECTION 1. GREENHOUSE GAS REGULATION UNDER CLEAN AIR ACT. Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: ``The term `air pollutant' shall not include any of the following solely on the basis of its effect on global climate change: ``(1) Carbon dioxide. ``(2) Methane. ``(3) Nitrous oxide. ``(4) Hydrofluorocarbons. ``(5) Perfluorocarbons. ``(6) Sulfur hexafluoride.''. SEC. 2. RENEWABLE FUEL STANDARD. (a) Exclusion of Activities Relating to International Indirect Land Use Change.--The Administrator of the Environmental Protection Agency shall not carry out any activities relating to the inclusion of international indirect land use change in the implementation of the renewable fuel program established under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (b) Exclusion of Indirect Emissions From International Land Use Changes in Calculation of Lifecycle Greenhouse Gas Emissions.-- Paragraph (1)(H) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended-- (1) by striking ``(including direct emissions and significant indirect emissions such as significant emissions from land use changes)'' and inserting ``(excluding indirect emissions from international land use changes)''; and (2) by striking ``the Administrator'' and inserting ``the Administrator and the Secretary of Agriculture''. (c) Renewable Biomass.--Paragraph (1)(I) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended to read as follows: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and by products (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''.

Amends the Clean Air Act to exclude from the definition of "air pollutant" any of the following solely on the basis of its effect on global climate change: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Prohibits the Administrator of the Environmental Protection Agency (EPA) from implementing activities relating to the inclusion of international indirect land use change in the implementation of the renewable fuel program. Excludes indirect emissions from international land use changes from the definition of lifecycle greenhouse gas (GHG) emissions. Requires the Administrator and the Secretary of Agriculture (currently, the Administrator) to determine the aggregate quantity of GHG emissions in liefecycyle GHG emissions related to the full fuel lifecycle. Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material.

To amend the Clean Air Act relating to greenhouse gases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Transparency in Medicare Marketing Act of 2009''. SEC. 2. STANDARDIZED MARKETING REQUIREMENTS UNDER THE MEDICARE ADVANTAGE AND MEDICARE PRESCRIPTION DRUG PROGRAMS. (a) Medicare Advantage Program.-- (1) In general.--Section 1856 of the Social Security Act (42 U.S.C. 1395w-26) is amended-- (A) in subsection (b)(1), by inserting ``or subsection (c)'' after ``subsection (a)''; and (B) by adding at the end the following new subsection: ``(c) Standardized Marketing Requirements.-- ``(1) Development by the naic.-- ``(A) Requirements.--The Secretary shall request the National Association of Insurance Commissioners (in this subsection referred to as the `NAIC') to-- ``(i) develop standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and PDP sponsors with respect to prescription drug plans under part D; and ``(ii) submit a report containing such requirements to the Secretary by not later than the date that is 9 months after the date of enactment of this subsection. ``(B) Prohibited activities.--Such requirements shall include prohibitions on the prohibited activities described in section 1851(j)(1). ``(C) Limitations.--Such requirements shall establish limitations that include at least the limitations described in section 1851(j)(2), except for those relating to compensation. ``(D) Election form.--Such requirements may prohibit a Medicare Advantage organization or a PDP sponsor (or an agent of such an organization or sponsor) from completing any portion of any election form used to carry out elections under section 1851 or 1860D-1 on behalf of any individual. ``(E) Agent and broker commissions and compensation.--Such requirements shall establish standards-- ``(i) for fair and appropriate commissions for agents and brokers of Medicare Advantage organizations and PDP sponsors, including a prohibition on extra bonuses or incentives; ``(ii) for the disclosure of such commissions; and ``(iii) for the use of compensation for agents and brokers other than such commissions. Such standards shall ensure that the use of compensation creates incentives for agents and brokers to enroll individuals in the Medicare Advantage plan that is intended to best meet their health care needs. ``(F) Certain conduct of agents.--Such requirements shall address the conduct of agents engaged in on-site promotion at a facility of an organization with which the Medicare Advantage organization or PDP sponsor has a co-branding relationship. ``(G) Other standards.--Such requirements may establish such other standards relating to unfair trade practices and marketing under Medicare Advantage plans and prescription drug plans under part D as the NAIC determines appropriate. ``(2) Implementation of requirements.-- ``(A) Adoption of naic developed requirements.--If the NAIC develops standardized marketing requirements and submits the report pursuant to paragraph (1), the Secretary shall promulgate regulations for the adoption of such requirements. The Secretary shall ensure that such regulations take effect beginning with the first open enrollment period beginning 12 months after the date of enactment of this subsection. ``(B) Requirements if naic does not submit report.--If the NAIC does not develop standardized marketing requirements and submit the report pursuant to paragraph (1), the Secretary shall promulgate regulations for standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and PDP sponsors with respect to prescription drug plans under part D. Such regulations shall meet the requirements of subparagraphs (B) through (F) of paragraph (1), and may establish such other standards relating to marketing under Medicare Advantage plans and prescription drug plans as the Secretary determines appropriate. The Secretary shall ensure that such regulations take effect beginning with the first open enrollment period beginning 12 months after the date of enactment of this subsection. ``(C) Consultation.--In establishing requirements under this subsection, the NAIC or Secretary (as the case may be) shall consult with a working group composed of representatives of Medicare Advantage organizations and PDP sponsors, consumer groups, and other qualified individuals. Such representatives shall be selected in a manner so as to insure balanced representation among the interested groups. ``(3) State reporting of violations of standardized marketing requirements.--The Secretary shall request that States report any violations of the standardized marketing requirements under the regulations under subparagraph (A) or (B) of paragraph (2) to national and regional offices of the Centers for Medicare & Medicaid Services. ``(4) Report.--The Secretary shall submit an annual report to Congress on the enforcement of the standardized marketing requirements under the regulations under subparagraph (A) or (B) of paragraph (2), together with such recommendations as the Secretary determines appropriate. Such report shall include-- ``(A) a list of any alleged violations of such requirements reported to the Secretary by a State, a Medicare Advantage organization, or a PDP sponsor; and ``(B) the disposition of such reported violations.''. (2) State authority to enforce standardized marketing requirements.-- (A) In general.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended-- (i) by striking ``or State'' and inserting ``, State''; and (ii) by inserting ``, or State laws or regulations enacting the standardized marketing requirements under subsection (c)'' after ``plan solvency''. (B) No preemption of state sanctions.--Nothing in title XVIII of the Social Security Act or the provisions of, or amendments made by, this Act, shall be construed to prohibit a State from conducting a market conduct examination or from imposing sanctions against Medicare Advantage organizations, PDP sponsors, or agents or brokers of such organizations or sponsors for violations of the standardized marketing requirements under subsection (c) of section 1856 of the Social Security Act (as added by paragraph (1)) as enacted by that State. (3) Conforming amendment.--Section 1851(h)(4) of the Social Security Act (42 U.S.C. 1395w-21(h)(4)) is amended by adding at the end the following flush sentence: ``Beginning on the effective date of the implementation of the regulations under subparagraph (A) or (B) of section 1856(c)(2), each Medicare Advantage organization with respect to a Medicare Advantage plan offered by the organization (and agents of such organization) shall comply with the standardized marketing requirements under section 1856(c).''. (b) Medicare Prescription Drug Program.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection: ``(m) Standardized Marketing Requirements.--A PDP sponsor with respect to a prescription drug plan offered by the sponsor (and agents of such sponsor) shall comply with the standardized marketing requirements under section 1856(c).''. SEC. 3. STATE CERTIFICATION PRIOR TO WAIVER OF LICENSURE REQUIREMENTS UNDER MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-12(c) of the Social Security Act (42 U.S.C. 1395w-112(c)) is amended-- (1) in paragraph (1)(A), by striking ``In the case'' and inserting ``Subject to paragraph (5), in the case''; and (2) by adding at the end the following new paragraph: ``(5) State certification required.-- ``(A) In general.--The Secretary may only grant a waiver under paragraph (1)(A) if the Secretary has received a certification from the State insurance commissioner that the prescription drug plan has a substantially complete application pending in the State. ``(B) Revocation of waiver upon finding of fraud and abuse.--The Secretary shall revoke a waiver granted under paragraph (1)(A) if the State insurance commissioner submits a certification to the Secretary that the recipient of such a waiver-- ``(i) has committed fraud or abuse with respect to such waiver; ``(ii) has failed to make a good faith effort to satisfy State licensing requirements; or ``(iii) was determined ineligible for licensure by the State.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2010. SEC. 4. NAIC RECOMMENDATIONS ON THE ESTABLISHMENT OF STANDARDIZED BENEFIT PACKAGES FOR MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall request the National Association of Insurance Commissioners to establish a committee to study and make recommendations to the Secretary and Congress on-- (1) the establishment of standardized benefit packages for Medicare Advantage plans under part C of title XVIII of the Social Security Act and for prescription drug plans under part D of such Act; and (2) the regulation of such plans.

Accountability and Transparency in Medicare Marketing Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to request the National Association of Insurance Commissioners (NAIC) to develop standardized marketing requirements for: (1) Medicare Advantage organizations with respect to Medicare Advantage plans; and (2) prescription drug plan (PDP) sponsors with respect to Medicare PDPs. Requires such requirements to include prohibitions on certain activities and certain limitations. Requires state certification before HHS waiver of licensing requirements under the Medicare PDP. Directs the Secretary to request NAIC to establish a committee to study and make recommendations to the Secretary and Congress on the establishment of standardized benefit packages for Medicare Advantage plans and for Medicare PDPs and their regulation.

To amend title XVIII of the Social Security Act to provide for standardized marketing requirements under the Medicare Advantage program and the Medicare Prescription Drug program and to provide for State certification prior to waiver of licensure requirements under the Medicare Prescription Drug program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing the Incentives to Guzzle Gas Act''. SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMITATION ON DEPRECIATION OF CERTAIN LUXURY AUTOMOBILES. (a) In General.--Section 280F(d)(5)(A) of the Internal Revenue Code of 1986 (defining passenger automobile) is amended-- (1) by striking clause (ii) and inserting the following new clause: ``(ii)(I) which is rated at 6,000 pounds unloaded gross vehicle weight or less, or ``(II) which is rated at more than 6,000 pounds but not more than 14,000 pounds gross vehicle weight.'', (2) by striking ``clause (ii)'' in the second sentence and inserting ``clause (ii)(I)''. (b) Exception for Vehicles Used in Farming Business.--Section 280F(d)(5)(B) of such Code (relating to exception for certain vehicles) is amended by striking ``and'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following new clause: ``(iii) any vehicle used in a farming business (as defined in section 263A(e)(4), and''. (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. SEC. 3. UPDATED DEPRECIATION DEDUCTION LIMITS. (a) In General.--Subparagraph (A) of section 280F(a)(1) of the Internal Revenue Code of 1986 (relating to limitation on amount of depreciation for luxury automobiles) is amended to read as follows: ``(A) Limitation.--The amount of the depreciation deduction for any taxable year shall not exceed for any passenger automobile-- ``(i) for the 1st taxable year in the recovery period-- ``(I) described in subsection (d)(5)(A)(ii)(I), $4,000, ``(II) described in the second sentence of subsection (d)(5)(A), $5,000, and ``(III) described in subsection (d)(5)(A)(ii)(II), $6,000, ``(ii) for the 2nd taxable year in the recovery period-- ``(I) described in subsection (d)(5)(A)(ii)(I), $6,400, ``(II) described in the second sentence of subsection (d)(5)(A), $8,000, and ``(III) described in subsection (d)(5)(A)(ii)(II), $9,600, ``(iii) for the 3rd taxable year in the recovery period-- ``(I) described in subsection (d)(5)(A)(ii)(I), $3,850, ``(II) described in the second sentence of subsection (d)(5)(A), $4,800, and ``(III) described in subsection (d)(5)(A)(ii)(II), $5,775, and ``(iv) for each succeeding taxable year in the recovery period-- ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325, ``(II) described in the second sentence of subsection (d)(5)(A), $2,900, and ``(III) described in subsection (d)(5)(A)(ii)(II), $3,475.''. (b) Years After Recovery Period.--Section 280F(a)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) Limitation.--The amount treated as an expense under clause (i) for any taxable year shall not exceed for any passenger automobile-- ``(I) described in subsection (d)(5)(A)(ii)(I), $2,325, ``(II) described in the second sentence of subsection (d)(5)(A), $2,900, and ``(III) described in subsection (d)(5)(A)(ii)(II), $3,475.''. (c) Inflation Adjustment.--Section 280F(d)(7) of such Code (relating to automobile price inflation adjustment) is amended-- (1) by striking ``after 1988'' in subparagraph (A) and inserting ``after 2007'', and (2) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Automobile price inflation adjustment.--For purposes of this paragraph-- ``(i) In general.--The automobile price inflation adjustment for any calendar year is the percentage (if any) by which-- ``(I) the average wage index for the preceding calendar year, exceeds ``(II) the average wage index for 2006. ``(ii) Average wage index.--The term `average wage index' means the average wage index published by the Social Security Administration.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. EXPENSING LIMITATION FOR FARM VEHICLES. (a) In General.--Paragraph (6) of section 179(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended to read as follows: ``(6) Limitation on cost taken into account for farm vehicles.--The cost of any vehicle described in section 280F(d)(5)(B)(iii) for any taxable year which may be taken into account under this section shall not exceed $30,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.

Reducing the Incentives to Guzzle Gas Act - Amends the Internal Revenue Code to: (1) include certain heavy vehicles (with a gross vehicle weight of between 6,000 and 14,000 pounds) as passenger vehicles to which the limitations on the depreciation allowed for luxury automobiles apply; (2) exempt vehicles used in a farming business from such depreciation limitations; (3) revise the limitation amounts for the depreciation of luxury automobiles; and (4) allow the expensing of up to $30,000 of the cost of vehicles used in a farming business.

A bill to amend the Internal Revenue Code of 1986 to reduce the incentive to purchase larger and luxury motor vehicles.

SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the Las Vegas Valley in the State of Nevada is the fastest growing community in the United States; (2) helicopter tour operations are conflicting with the needs of long-established residential communities in the Valley; and (3) the designation of a public heliport in the Valley that would reduce conflicts between helicopter tour operators and residential communities is in the public interest. (b) Purpose.--The purpose of this Act is to provide a suitable location for the establishment of a commercial service heliport facility to serve the Las Vegas Valley in the State of Nevada while minimizing and mitigating the impact of air tours on the Sloan Canyon National Conservation Area and North McCullough Mountains Wilderness. (c) Definitions.--In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Sloan Canyon National Conservation Area established by section 604(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2010). (2) County.--The term ``County'' means Clark County, Nevada. (3) Helicopter tour.-- (A) In general.--The term ``helicopter tour'' means a commercial helicopter tour operated for profit. (B) Exclusion.--The term ``helicopter tour'' does not include a helicopter tour that is carried out to assist a Federal, State, or local agency. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Wilderness.--The term ``Wilderness'' means the North McCullough Mountains Wilderness established by section 202(a)(13) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2000). (d) Conveyance.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (e). (e) Description of Land.--The parcel of land to be conveyed under subsection (d) is the parcel of approximately 229 acres of land depicted as tract A on the map entitled ``Clark County Public Heliport Facility'' and dated May 3, 2004. (f) Use of Land.-- (1) In general.--The parcel of land conveyed under subsection (d)-- (A) shall be used by the County for the operation of a heliport facility under the conditions stated in paragraphs (2) and (3); and (B) shall not be disposed of by the County. (2) Imposition of fees.-- (A) In general.--Any operator of a helicopter tour originating from or concluding at the parcel of land described in subsection (e) shall pay to the Clark County Department of Aviation a $3 conservation fee for each passenger on the helicopter tour if any portion of the helicopter tour occurs over the Conservation Area. (B) Disposition of funds.--Any amounts collected under subparagraph (A) shall be deposited in a special account in the Treasury of the United States, which shall be available to the Secretary, without further appropriation, for the management of cultural, wildlife, and wilderness resources on public land in the State of Nevada. (3) Flight path.--Except for safety reasons, any helicopter tour originating or concluding at the parcel of land described in subsection (e) that flies over the Conservation Area shall not fly-- (A) over any area in the Conservation Area except the area that is between 3 and 5 miles north of the latitude of the southernmost boundary of the Conservation Area; (B) lower than 1,000 feet over the eastern segments of the boundary of the Conservation Area; or (C) lower than 500 feet over the western segments of the boundary of the Conservation Area. (4) Reversion.--If the County ceases to use any of the land described in subsection (d) for the purpose described in paragraph (1)(A) and under the conditions stated in paragraphs (2) and (3)-- (A) title to the parcel shall revert to the United States, at the option of the United States; and (B) the County shall be responsible for any reclamation necessary to revert the parcel to the United States. (g) Administrative Costs.--The Secretary shall require, as a condition of the conveyance under subsection (d), that the County pay the administrative costs of the conveyance, including survey costs and any other costs associated with the transfer of title.

Requires the Secretary of the Interior to convey a specified parcel of Federal land to Clark County, Nevada, for operation of a commercial heliport facility. Prohibits the disposal of such conveyed land by the County. Establishes a conservation fee for, and restricts the flight path of, helicopter tours originating from or concluding at the conveyed land which fly over the Sloan Canyon National Conservation Area. Requires collected fees to be deposited into a special account in the Treasury for use by the Secretary for cultural, wildlife, and wilderness resources management on public lands in Nevada. Provides that title to the conveyed land shall revert to the United States if the County ceases to use the land for the purpose described in this Act. Makes the County responsible for any reclamation necessary for reversion. Directs the Secretary to require the County to pay the administrative costs of conveying the land.

A bill to provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing the Federal Voting Assistance Program Act of 2008''. SEC. 2. APPOINTMENT AND QUALIFICATIONS OF PRESIDENTIAL DESIGNEE. (a) In General.--Section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) is amended to read as follows: ``(a) Presidential Designee.-- ``(1) Appointment.--The Federal functions under this title shall be carried out by an individual appointed by the President by and with the advice and consent of the Senate, who shall be known for purposes of this title as the `Presidential designee'. ``(2) Qualifications.--The President may not appoint any individual to serve as the Presidential designee unless the individual has prior experience in election administration that includes oversight of voter registration and absentee ballot distribution.''. (b) Transition for Current Presidential Designee.--Notwithstanding section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act, as amended by subsection (a), the individual serving as the Presidential designee under such Act as of the date of the enactment of this Act may continue to serve as the Presidential designee without meeting the appointment and qualifications requirements of section 101(a) of such Act, but only until the expiration of the 6-month period which begins on the date of the enactment of this Act. SEC. 3. OVERSEAS VOTING ADVISORY BOARD. (a) Establishment; Duties.--There is hereby established the Overseas Voting Advisory Board (hereafter in this Act referred to as the ``Board''). (b) Duties.-- (1) In general.--The Board shall conduct studies and issue reports with respect to the following issues: (A) The ability of citizens of the United States who reside outside of the United States to register to vote and vote in elections for public office. (B) Methods to promote voter registration and voting among such citizens. (C) The effectiveness of the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act in assisting such citizens in registering to vote and casting votes in elections. (D) The effectiveness of the administration and enforcement of the requirements of the Uniformed and Overseas Citizens Absentee Voting Act. (E) The need for the enactment of legislation or the adoption of administrative actions to ensure that all Americans who are away from the jurisdiction in which they are eligible to vote because they live overseas or serve in the military (or are a spouse or dependent of someone who serves in the military) are able to register to vote and vote in elections for public office. (2) Reports.--In addition to issuing such reports as it considers appropriate, the Board shall transmit to Congress a report not later than March 31 of each year describing its activities during the previous year, and shall include in that report such recommendations as the Board considers appropriate for legislative or administrative action, including the provision of funding, to address the issues described in paragraph (1). (3) Committee hearings on annual report.-- (A) In general.--During each year, the Committees on Armed Services of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate shall each hold a hearing on the annual report submitted by the Board under paragraph (2). (B) Exercise of rulemaking authority.--The provisions of subparagraph (A) are enacted-- (i) as an exercise of the rulemaking power of the House of Representatives and Senate, and, as such, they shall be considered as part of the rules of the House or Senate (as the case may be), and such rules shall supersede any other rule of the House or Senate only to the extent that rule is inconsistent therewith; and (ii) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate. (c) Membership.-- (1) Appointment.--The Board shall be composed of 5 members appointed by the President not later than 6 months after the date of the enactment of this Act, of whom-- (A) 1 shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives; (B) 1 shall be appointed from among a list of nominees submitted by the Minority Leader of the House of Representatives; (C) 1 shall be appointed from among a list of nominees submitted by the Majority Leader of the Senate; and (D) 1 shall be appointed from among a list of nominees submitted by the Minority Leader of the Senate. (2) Qualifications.--An individual may serve as a member of the Board only if the individual has experience in election administration and resides or has resided for an extended period of time overseas (as a member of the uniformed services or otherwise), except that the President shall ensure that at least one member of the Board is a citizen who resides overseas while serving on the Board. (3) Terms of service.-- (A) In general.--Except as provided in subparagraph (B), each member shall be appointed for a term of 4 years. A member may be reappointed for additional terms. (B) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (4) Pay.-- (A) No pay for service.--A member shall serve without pay, except that a 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. (B) Reimbursement of travel expenses by presidential designee.--Upon request of the Chairperson of the Board, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act shall, from amounts made available for the salaries and expenses of the Presidential designee, reimburse the Board for any travel expenses paid on behalf of a member under subparagraph (A). (5) Quorum.--3 members of the Board shall constitute a quorum but a lesser number may hold hearings. (6) Chairperson.--The members of the Board shall designate one member to serve as Chairperson. (d) Staff.-- (1) Authority to appoint.--Subject to rules prescribed the Board, the chairperson may appoint and fix the pay of such staff as the chairperson considers necessary. (2) Application of civil service laws.--The staff of the Board shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Experts and consultants.--Subject to rules prescribed by the Board, the Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Staff of federal agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist it in carrying out its duties under this Act. (e) Powers.-- (1) Hearings and sessions.--The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. The Board may administer oaths or affirmations to witnesses appearing before it. (2) Obtaining official data.--The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Board. (3) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Board such sums as may be necessary to carry out this section for fiscal year 2009 and each succeeding fiscal year.

Fixing the Federal Voting Assistance Program Act of 2008 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require the presidential designee responsible for carrying out federal functions under the Act to have experience in election administration and be approved by the Senate. Establishes the Overseas Voting Advisory Board to conduct studies and issue reports with respect to various issues, including the ability of U.S. citizens who reside outside of the United States to register to vote and vote in elections for public office.

To amend the Uniformed and Overseas Citizens Absentee Voting Act to require the Presidential designee responsible for carrying out Federal functions under the Act to have experience in election administration and be approved by the Senate, to establish the Overseas Voting Advisory Board to oversee the administration of the Act so that American citizens who live overseas or serve in the military can participate in elections for public office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partial-Birth Abortion Ban Act of 1999''. SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 73 the following: ``CHAPTER 74--PARTIAL-BIRTH ABORTIONS ``Sec. ``1531. Partial-birth abortions prohibited. ``Sec. 1531. Partial-birth abortions prohibited ``(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than two years, or both. This paragraph shall not apply to a partial- birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. This paragraph shall become effective one day after enactment. ``(b)(1) As used in this section, the term `partial-birth abortion' means an abortion in which the person performing the abortion deliberately and intentionally-- ``(A) vaginally delivers some portion of an intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the fetus while the fetus is partially outside the body of the mother; and ``(B) performs the overt act that kills the fetus while the intact living fetus is partially outside the body of the mother. ``(2) As used in this section, the term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section. ``(c)(1) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. ``(2) Such relief shall include-- ``(A) money damages for all injuries, psychological and physical, occasioned by the violation of this section; and ``(B) statutory damages equal to three times the cost of the partial-birth abortion. ``(d)(1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury. ``(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. ``(e) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 73 the following new item: ``74. Partial-birth abortions............................... 1531''. SEC. 3. SENSE OF CONGRESS CONCERNING ROE V. WADE AND PARTIAL BIRTH ABORTION BANS. (a) Findings.--Congress finds that-- (1) abortion has been a legal and constitutionally protected medical procedure throughout the United States since the Supreme Court decision in Roe v. Wade (410 U.S. 113 (1973)); and (2) no partial birth abortion ban shall apply to a partial- birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. (b) Sense of Congress.--It is the sense of the Congress that partial birth abortions are horrific and gruesome procedures that should be banned. SEC. 4. SENSE OF CONGRESS CONCERNING A WOMAN'S LIFE AND HEALTH. It is the sense of the Congress that, consistent with the rulings of the Supreme Court, a woman's life and health must always be protected in any reproductive health legislation passed by Congress. SEC. 5. SENSE OF CONGRESS CONCERNING ROE V. WADE. (a) Findings.--Congress finds that-- (1) reproductive rights are central to the ability of women to exercise their full rights under Federal and State law; (2) abortion has been a legal and constitutionally protected medical procedure throughout the United States since the Supreme Court decision in Roe v. Wade (410 U.S. 113 (1973)); (3) the 1973 Supreme Court decision in Roe v. Wade established constitutionally based limits on the power of States to restrict the right of a woman to choose to terminate a pregnancy; and (4) women should not be forced into illegal and dangerous abortions as they often were prior to the Roe v. Wade decision. (b) Sense of Congress.--It is the sense of the Congress that-- (1) Roe v. Wade was an appropriate decision and secures an important constitutional right; and (2) such decision should not be overturned. Passed the Senate October 21, 1999. Attest: Secretary. 106th CONGRESS 1st Session S. 1692 _______________________________________________________________________ AN ACT To amend title 18, United States Code, to ban partial-birth abortions.

Defines a "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally: (1) vaginally delivers some portion of an intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the fetus while the fetus is partially outside the mother's body; and (2) performs the overt act that kills the fetus while the intact living fetus is partially outside the mother's body. Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.

Partial-Birth Abortion Ban Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``VOW to Hire Heroes Extension Act of 2013''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS. (a) In General.--Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``after December 31, 2013.'' and inserting ``after-- ``(i) December 31, 2017, in the case of a qualified veteran, and ``(ii) December 31, 2013, in the case of any other individual.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Pre-screening of qualified veterans.-- ``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains-- ``(I) qualified veteran status documentation, ``(II) qualified proof of unemployment compensation, and ``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN CIRCUMSTANCES. (a) In General.--Paragraph (2) of section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``qualified tax-exempt organizations'' in the heading and inserting ``certain employers'', and (2) by striking ``by qualified tax-exempt organizations'' and inserting ``by certain employers''. (b) Credit Allowed to Certain For-Profit Employers.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization'' in paragraph (1), (2) by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization'' in paragraph (1), (3) by inserting ``or for-profit employer'' after ``employees of the organization'' each place it appears in paragraphs (1) and (2), (4) by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account'' in subparagraph (C) of paragraph (3), (5) by inserting ``or for-profit employer'' after ``the organization'' in paragraph (4), (6) by redesignating subparagraph (B) of paragraph (5) as subparagraph (C) of such paragraph, by striking ``and'' at the end of subparagraph (A) of such paragraph, and by inserting after subparagraph (A) of such paragraph the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and'', and (7) by striking ``has meaning given such term by section 51(d)(3)'' in subparagraph (C) of paragraph (5), as so redesignated, and inserting ``means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 5. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. (a) Payments to Possessions.-- (1) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

VOW to Hire Heroes Extension Act of 2013 - Amends the Internal Revenue Code to: (1) extend through 2017 the work opportunity tax credit for hiring a qualified veteran (defined as an unemployed veteran who is certified as being a member of a family receiving food stamp assistance and who is entitled to compensation for a service-connected disability), (2) revise tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extend the payroll tax offset for such credit to certain for-profit employers. Directs the Commissioner of the Internal Revenue Service, in consultation with the Secretary of Labor, to make annual reports on the effectiveness and cost-effectiveness of this Act in increasing the employment of veterans. Requires the Secretary of the Treasury to pay: (1) each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) with a mirror code tax system amounts equal to the loss to such possession due to this Act; and (2) each U.S. possession without such a tax system an amount estimated to equal the loss to such possession that would have occurred due to this Act if such a tax system had been in effect in such possession.

VOW to Hire Heroes Extension Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Career Criminal Sentencing Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Armed career criminals are certain individuals deemed to be particularly culpable and dangerous because of their prior criminal convictions and their possession of a firearm. (2) The purpose of section 924(e) of title 18, United States Code, (in this section referred to as ``section 924(e)'') has been, and continues to be, to provide certain and severe punishment for these armed recidivist offenders, and also to protect the public from the distinctive risk and acute harms posed by them. (3) The requirement of the Supreme Court of the United States under Taylor v. United States, 495 U.S. 575 (1990) and Shepard v. United States, 544 U.S. 13 (2005), that district courts apply a ``categorical approach'' when determining whether certain prior convictions trigger an enhanced sentence under section 924(e), has led to increased litigation and inconsistent sentencing results, placing an onerous burden on the judicial system and rendering the protection of public safety haphazard. (4) The ``categorical approach'' prevents Federal judges from looking at reliable evidence of the facts of the qualifying prior convictions and instead only permits Federal judges to review the language of the statute of conviction and certain limited judicial records. The Supreme Court of the United States has said that its reading of section 924(e) in this regard is colored, in part, by concern that to permit a more probing judicial inquiry could raise right-to-jury-trial issues because the sentence enhancement under section 924(e) increases the statutory maximum sentence of 10 years under section 922(g) of title 18, United States Code, to life imprisonment. Under Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), a case decided after the date of enactment of the Firearms Owners' Protection Act (Public Law 99-308; 100 Stat. 449), which initially added section 924(e), any facts (other than prior convictions) which may be used to increase the sentence of a defendant beyond the statutory maximum sentence must be proven to a jury beyond a reasonable doubt. (5) Despite the best efforts of Federal prosecutors to enforce section 924(e) for the safety of the community, there have been numerous instances in which armed career criminals have not been sentenced consistent with congressional intent due to the precedent that has significantly narrowed the applicability of section 924(e) and prevented judges from exercising their historic sentencing discretion and judgment. (6) Few statutory sentencing issues have led to such a ceaseless stream of costly and time-consuming litigation at every level of the Federal court system as the determination of whether the broad range of offenses under State and local law qualify categorically as crimes of violence or serious drug trafficking offenses. (7) Congress finds that significant disparities in the content and formulation of State criminal law have resulted, under Supreme Court precedent, in the unreasoned divergence of criminal sentences based on fortuities such as differing charging and recordkeeping practices among the 50 States, Federal territories, and thousands of counties and parishes across the United States. In the judgment of Congress, fundamental principles of equality and fair treatment, as well as the imperative of vigorously protecting public safety, require far more uniform administration and implementation of the sentencing provisions under section 924(e). (8) Congress further believes that Federal judges should be entrusted to continue their historic role and judgment as sentencing fact finders capable of examining and evaluating reliable evidence to determine if a particular conviction or series of convictions merits enhancement. (9) To allow judges to return to their traditional sentencing roles and to make the sentencing judgments traditionally assigned to courts under the Constitution of the United States, this Act lowers the maximum sentence under section 924(e) from life to 25 years, and increases the maximum sentence under section 922(g) of title 18, United States Code, from 10 years to 25 years so that the exercise of the traditional sentencing discretion of the court to enhance a sentence as permitted by section 924(e) for armed career criminals will not increase the statutory maximum sentence and thereby implicate Apprendi principles. (10) Because sentences for violations of section 922(g) of title 18, United States Code, by individuals who are not armed career criminals will commonly fall in the range of 10 years or less by operation of the advisory sentencing guidelines and the reasonable judgment of the sentencing courts, Congress does not anticipate that there will be many resulting changes in the length of sentence for those individuals, although the increased statutory maximum will apply. (11) To ensure that an inflexible application of section 924(e) does not result in overly harsh results, this Act gives prosecutors the discretion to file a notice advising the defendant and the court whether the prosecutor will seek to invoke all, some, or none of the prior convictions of the defendant to trigger the penalty enhancement. SEC. 3. DEFINITION. Section 924(e)(2) of title 18, United States Code, is amended-- (1) by striking subparagraph (B) and inserting the following: ``(B) the term `qualifying offense' means-- ``(i) a serious drug offense; or ``(ii) any crime, or any attempt, conspiracy, or solicitation to commit a crime-- ``(I) that is-- ``(aa) punishable by imprisonment for a term of more than 1 year; or ``(bb) an act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for a term of more than 1 year if committed by an adult; and ``(II) that, according to any reliable evidence-- ``(aa) is burglary, arson, or extortion; ``(bb) has as an element-- ``(AA) the use, attempted use, or threatened use of physical force, however slight, against the person of another individual; or ``(BB) that serious bodily injury intentionally, knowingly, or recklessly resulted from the offense conduct; ``(cc) involved the unlawful manufacture, possession, use, sale, transfer, importation, or distribution of an explosive or explosive device, nuclear or chemical material, or a weapon of mass destruction (as defined in section 2332a of title 18, United States Code); or ``(dd) involved conduct that, without regard to the formal elements of the crime-- ``(AA) presented a serious potential risk of bodily injury to another; or ``(BB) intentionally, knowingly, or recklessly resulted in serious bodily injury to another; and''; and (2) in subparagraph (C), by striking ``a violent felony'' and inserting ``an offense described in subparagraph (B)(ii)''. SEC. 4. SENTENCING. Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``(g),''; and (B) by adding at the end the following: ``(8) Whoever knowingly violates section 922(g) shall be fined under this title, imprisoned not more than 25 years, or both.''; and (2) in subsection (e)(1)-- (A) by inserting ``(A)'' before ``In the case of''; (B) by striking ``a violent felony or a serious drug offense, or both'' and inserting ``qualifying offenses''; (C) by striking ``imprisoned not less than fifteen years'' and inserting ``imprisoned for not less than 15 years and not more than 25 years''; and (D) by adding at the end the following: ``(B)(i) No person who is convicted of an offense under section 922(g) shall be sentenced to imprisonment for the mandatory minimum term of years under subparagraph (A), unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court (and serves a copy of such information on the person or counsel for the person) stating in writing the previous convictions to be relied upon. Except as provided in clause (ii), any proceedings under this subparagraph shall be conducted in accordance with the procedures under section 411 of the Controlled Substances Act (21 U.S.C. 851). ``(ii) In determining whether a person shall be sentenced to imprisonment for the mandatory minimum term of years under subparagraph (A) based on previous convictions, the court-- ``(I) is not limited to the elements of the statute of conviction and shall consider the facts of the previous conviction as presented in the judicial records of the previous conviction, the presentence report, or any other reliable evidence presented to the court; and ``(II) shall determine whether the person has such previous convictions by a preponderance of the evidence.''. SEC. 5. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) Directive.--Pursuant to the authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review the Federal Sentencing Guidelines and policy statements applicable to an offense described in section 924(e)(1) of title 18, United States Code, to reflect the amendment made by this Act to section 924(e)(2)(B) of title 18, United States Code. (b) Requirements.--In revising the Federal Sentencing Guidelines and policy statements to reflect the amendment to section 924(e)(2)(B) of title 18, United States Code, made by this Act, the United States Sentencing Commission shall-- (1) revise the definition of the term ``crime of violence'' under section 4B1.2 of the Federal Sentencing Guidelines; and (2) revise sections 4B1.1 and 4B1.4 of the Federal Sentencing Guidelines to reflect that a sentencing court may consider all reliable evidence presented to make a factual determination whether the prior conviction of a defendant is a qualifying offense, as defined in section 924(e)(2)(B) of title 18, United States Code, as amended by this Act.

Armed Career Criminal Sentencing Act of 2010 - Amends the federal criminal code to revise provisions relating to the sentencing of repeat offenders who commit a serious drug offense or a violent crime using a firearm that is punishable by imprisonment for a term of more than one year. Requires the United States Attorney prosecuting a repeat offender to file a written notice of the previous convictions being relied upon to obtain an increased sentence against such offender. Directs the United States Sentencing Commmission to review and amend federal sentencing guidelines and policy statements to reflect the amendments made by this Act.

A bill to amend section 924 of title 18, United States Code, to clarify and strengthen the armed career criminal provisions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty Protection Act of 2000''. SEC. 2. PROTECTION OF RELIGIOUS EXERCISE. (a) General Rule.--Except as provided in subsection (b), a government shall not substantially burden a person's religious exercise-- (1) in a program or activity, operated by a government, that receives Federal financial assistance; or (2) in any case in which the substantial burden on the person's religious exercise affects, or in which a removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes; even if the burden results from a rule of general applicability. (b) Exception.--A government may substantially burden a person's religious exercise if the government demonstrates that application of the burden to the person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Limitation.--This Act does not apply if the only basis for applying the Act is subsection (a)(2) and if the government demonstrates that all similar religious exercise and all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise would not lead in the aggregate to a substantial effect on commerce or on activities having a substantial relation to commerce. (d) Remedies of the United States.--Nothing in this section shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, under law other than this subsection, including section 4(d), to institute or intervene in any action or proceeding. SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS. (a) Procedure.--If a claimant produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of a provision of this Act enforcing that clause, the government shall bear the burden of persuasion on any element of the claim, except that the claimant shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim burdens or substantially burdens the claimant's exercise of religion. (b) Land Use Regulation.-- (1) Limitation on land use regulation.-- (A) Individualized assessments.--If, in applying or implementing any land use regulation (including an exemption), or system of land use regulations (including exemptions), a government has the authority to make individualized assessments of the proposed uses to which real property would be put, the government may not impose a substantial burden on the religious exercise of a religious assembly or institution, or of a person in the person's home, unless the government demonstrates that application of the burden to that assembly, institution, or person-- (i) is in furtherance of a compelling governmental interest; and (ii) is narrowly tailored to further that compelling governmental interest. (B) Equal terms.--No government shall impose or implement a land use regulation in a manner that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions. (C) Nondiscrimination.--No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (D) Exclusions and limits.--No government with zoning authority shall unreasonably exclude from the jurisdiction over which that government has authority, or unreasonably limit within that jurisdiction, assemblies or institutions principally devoted to religious exercise. (2) Full faith and credit.--Adjudication of a claim of a violation of the Free Exercise Clause or this subsection in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. (3) Nonpreemption.--Nothing in this subsection shall preempt State law that is equally or more protective of religious exercise. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Liberty Protection Act of 2000,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (c) Prisoners.--Any litigation under this Act in which the claimant is a prisoner shall be subject to the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (d) Authority of United States To Enforce This Act.--The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. (e) Sovereign Immunity.--Nothing in this Act shall be construed to abrogate the sovereign immunity of a State. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for restricting or burdening religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Governmental Discretion in Alleviating Burdens on Religious Exercise.--A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (f) Effect on Other Law.--With respect to a claim brought to enforce section 2(a)(2), proof that a substantial burden on a person's religious exercise, or removal of that burden, affects or would affect commerce shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this Act. (g) Broad Construction.--This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (h) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. As used in this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or subdivision of a State'' and inserting ``a covered entity or a subdivision of such an entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means,'' and inserting ``religious exercise, as defined in section 8 of the Religious Liberty Protection Act of 2000.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. In this Act-- (1) the term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion; (2) the term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion and includes the application of that proscription under the 14th amendment to the Constitution; (3) the term ``government''-- (A) means-- (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, subdivision, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 3(a) and 5, includes the United States, a branch, department, agency, instrumentality, subdivision, or official of the United States, and any person acting under color of Federal law; (4) the term ``land use regulation'' means a law or decision by a government that limits or restricts a private person's use or development of land (including a structure affixed to land), if-- (A) the law or decision applies to 1 or more particular parcels of land or to land within 1 or more designated geographical zones; and (B) the private person has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest; (5) the term ``program or activity'' means a program or activity as defined in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a); and (6) the term ``religious exercise''-- (A) means any exercise of religion, whether or not compelled by, or central to, a system of religious belief; and (B) includes-- (i) the use, building, or conversion of real property by a person or entity intending that property to be used for religious exercise; and (ii) any conduct protected as exercise of religion under the first amendment to the Constitution.

Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines (as used in such Act and defines for the purposes of this Act) exercise of religion to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution.

Religious Liberty Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Choice Act of 2007''. SEC. 2. RIGHT TO OPT-OUT. Section 102(c) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(c)) is amended by adding at the end the following: ``(3) Individual opt-out.-- ``(A) In general.--Notwithstanding any other provision of this Act, or the National Flood Insurance Act of 1968, any individual homeowner who satisfies the requirements under subparagraph (B) shall not be required to purchase flood insurance on any property, including any property in an area that has been identified by the Administrator as an area having special flood hazards. ``(B) Requirements.--The requirements referred to in subparagraph (A) are as follows: ``(i) Written certification to the administrator and community.--The individual homeowner shall certify, in writing, to the Administrator and the State, community, or local official responsible for zoning and building codes over the area in which such property is located that the individual-- ``(I) elects not to participate in the flood insurance program under the National Flood Insurance Act of 1968; and ``(II) understands and willfully accepts any and all adverse consequence that attach to such an election, including-- ``(aa) denial of any Federal financial assistance under this Act or the National Flood Insurance Act of 1968; ``(bb) denial of any Federal financial assistance for acquisition or construction purposes under this Act or the National Flood Insurance Act of 1968; ``(cc) denial of any Federal financial assistance under sections 404, 408, and 425 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for damage as a result, in whole or in part, of a flood; or ``(dd) loss of value to the property. ``(ii) Recording of certification.-- ``(I) In general.--The individual homeowner shall file the certification required under clause (i) with the appropriate State or local agency responsible for recording deeds, liens, or mortgages of real property in which the property that is the subject of such certification is located. ``(II) Effect of recording.--The recording of the certification under clause (i) shall-- ``(aa) attach to the property that is the subject of such certification; and ``(bb) bind the current owner of the property and all future owners of the property, including successor in interests, assigns, or heirs, who at any time hold title to all or any portion of such property. ``(III) Voluntary release.-- ``(aa) In general.--The current owner and any future owner, the personal representative of any such owner, the estate of any deceased owner, or any qualified heir of a deceased owner (as such term is defined in section 2032A(e) of the Internal Revenue Code) may voluntarily file a document terminating the effect of the certification required under clause (i) with the appropriate State or local agency responsible for recording, deeds, liens, or mortgages of real property in which the affected real property interest is located. ``(bb) Effect.--The effect of filing any termination under item (aa) shall be to void the certification under clause (i). ``(C) Base flood elevation requirements.--An individual homeowner that has elected not to purchase flood insurance under this paragraph with respect to property owned by such individual shall not be required to comply with any base flood elevation requirements under this Act or the National Flood Insurance Act of 1968 for such property.''. SEC. 3. ENSURING THAT COMMUNITIES ARE NOT ADVERSELY AFFECTED BY INDIVIDUALS WHO OPT-OUT. (a) Land Use Controls.--Section 1315(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) No penalty for areas where individuals opt-out.--The prohibition described under paragraph (1) shall not be construed to apply to any area that has complied with requirements under that paragraph but for those individuals that have elected to opt-out of the flood insurance program under section 102(c)(3) of the Flood Disaster Protection Act of 1973.''. (b) Financial Assistance.--Section 202 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) No Penalty for Areas Where Individuals Opt-Out.-- ``(1) In general.--The prohibition described under subsection (a) shall not be construed to apply to any community that has complied with requirements under that subsection but for those individuals that have elected to opt-out of the flood insurance program under section 102(c)(3). ``(2) Rule of construction.--Nothing in this subsection shall be construed to require any Federal agency or officer to provide any financial assistance for acquisition or construction purposes to any individuals that have elected to opt-out of the flood insurance program under section 102(c)(3).''. (c) Mitigation Assistance.--Section 1366(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(c)) is amended by adding at the end the following new sentence: ``A State or community shall not be considered ineligible to receive financial assistance under this section for mitigation activities solely because individuals in that State or community have elected to opt-out of the flood insurance program under section 102(c)(3) of the Flood Disaster Protection Act of 1973.''. SEC. 4. DENIAL OF RELIEF UNDER STAFFORD ACT. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 427. DENIAL OF ASSISTANCE FOR INDIVIDUALS WHO HAVE OPTED-OUT OF THE FLOOD INSURANCE PROGRAM. ``(a) In General.--No individual or household shall receive any assistance under section 404, 408, or 425, with respect to property owned by that individual or household, if such assistance is needed as a result, in whole or in part, of a flood, and such individual or household has elected with respect to such property to opt-out of the flood insurance program under section 102(c)(3) of the Flood Disaster Protection Act of 1973. ``(b) Definition of Flood.--As used in this section, the term `flood' has the same meaning as in section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121).''

Flood Insurance Choice Act of 2007 - Amends the Flood Disaster Protection Act of 1973 to permit an individual homeowner not to purchase property flood insurance, even for property in a special flood hazard area, if he or she submits certain written certifications to the Administrator of the Federal Emergency Management Agency (FEMA) and the state, community, or local official responsible for zoning and building codes. Declares that such homeowner shall not be required to comply with certain base flood elevation requirements. Amends the National Flood Insurance Act of 1968, with respect to land use controls, financial assistance and mitigation assistance, to shield from penalties for non-compliance those areas that have complied with its requirements but where individuals have opted out pursuant to this Act. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to deny assistance for individuals who have opted-out of the flood insurance program.

A bill to allow individuals to opt-out of the National Flood Insurance Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud and Abuse Act of 1994''. SEC. 2. EXPANSION OF CIVIL AND CRIMINAL MONETARY SANCTIONS. (a) Civil Sanctions.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended-- (1) in subsections (a) and (b), by striking ``$2,000'' each place it appears and inserting ``$5,000'', (2) in the second sentence of subsection (a), by striking ``not more than twice'' and inserting ``not more than three times'', and (3) by adding at the end the following new subsection: ``(m)(1) The maximum civil monetary penalty amounts specified in subsections (a) and (b) shall be adjusted for inflation as provided in this subsection. ``(2) Not later than December 1, 1999, and December 1 of each fifth calendar year thereafter, the Secretary shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(3) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts specified in subsections (a) and (b) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000. ``(4) For purposes of this subsection: ``(A) The term `cost-of-living adjustment for the preceding five years' means the percentage by which-- ``(i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(ii) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted under this subsection. ``(B) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor.''. (b) Treble Damages for Criminal Sanctions.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(f) In addition to the fines that may be imposed under subsection (a), (b), or (c), any individual found to have violated the provisions of any of such subsections may be subject to treble damages.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1995. SEC. 3. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD AND ABUSE SANCTIONS TO ALL FRAUD AND ABUSE AGAINST ANY HEALTH BENEFIT PLAN. (a) Civil Monetary Penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended as follows: (1) In subsection (a)(1), in the matter before subparagraph (A), by inserting ``or of any health benefit plan,'' after ``subsection (i)(1)),''. (2) In subsection (b)(1)(A), by inserting ``or under a health benefit plan'' after ``title XIX''. (3) In subsection (f)-- (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) With respect to amounts recovered arising out of a claim under a health benefit plan, the portion of such amounts as is determined to have been paid by the plan shall be repaid to the plan.''. (4) In subsection (i)-- (A) in paragraph (2), by inserting ``or under a health benefit plan'' before the period at the end, and (B) in paragraph (5), by inserting ``or under a health benefit plan'' after ``or XX''. (b) Crimes.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended as follows: (1) In the heading, by adding at the end the following: ``or health benefit plans''. (2) In subsection (a)(1)-- (A) by striking ``title XVIII or'' and inserting ``title XVIII,'', and (B) by adding at the end the following: ``or a health benefit plan (as defined in section 1128(i)),''. (3) In subsection (a)(5), by striking ``title XVIII or a State health care program'' and inserting ``title XVIII, a State health care program, or a health benefit plan''. (4) In the second sentence of subsection (a)-- (A) by inserting after ``title XIX'' the following: ``or a health benefit plan'', and (B) by inserting after ``the State'' the following: ``or the plan''. (5) In subsection (b)(1), by striking ``title XVIII or a State health care program'' each place it appears and inserting ``title XVIII, a State health care program, or a health benefit plan''. (6) In subsection (b)(2), by striking ``title XVIII or a State health care program'' each place it appears and inserting ``title XVIII, a State health care program, or a health benefit plan''. (7) In subsection (b)(3), by striking ``title XVIII or a State health care program'' each place it appears in subparagraphs (A) and (C) and inserting ``title XVIII, a State health care program, or a health benefit plan''. (8) In subsection (d)(2)-- (A) by striking ``title XIX,'' and inserting ``title XIX or under a health benefit plan,'', and (B) by striking ``State plan,'' and inserting ``State plan or the health benefit plan,''. (c) Health Benefit Plan Defined.--Section 1128 of the Social Security Act (42 U.S.C. 1320a-7) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Health Benefit Plan Defined.--For purposes of sections 1128A and 1128B, the term `health benefit plan' means a health benefit program other than the medicare program, the medicaid program, or a State health care program.''. (d) Conforming Amendment.--Section 1128(b)(8)(B)(ii) of the Social Security Act (42 U.S.C. 1320a-7(b)(8)(B)(ii)) is amended by striking ``1128A'' and inserting ``1128A (other than a penalty arising from a health benefit plan, as defined in subsection (i))''. (e) Effective Date.--The amendments made by this section shall take effect January 1, 1995. SEC. 4. CIVIL MONETARY PENALTIES INCLUDED IN ANTI-KICKBACK SANCTIONS. (a) In General.--Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)), as amended by section 2(a), is amended-- (1) by striking ``or'' at the end of paragraph (1)(D); (2) by striking ``, or'' at the end of paragraph (2) and inserting a semicolon; (3) by striking the semicolon at the end of paragraph (3) and inserting ``; or''; (4) by inserting after paragraph (3) the following new paragraph: ``(4) carries out any activity in violation of paragraph (1) or (2) of section 1128B(b);''; (5) by striking ``than $5,000'' and all that follows through the period and inserting ``than, in cases under paragraph (1) or (2), $5,000 for each item or service, in cases under paragraph (3), $15,000 for each individual with respect to whom false or misleading information is given, and in cases under paragraph (4), $10,000 for each violation.''; and (6) by striking ``than three times'' and all that follows through the period and inserting ``than, in cases under paragraph (1) or (2), three times the amount claimed for each such item or service in lieu of damages sustained by the United States or a State agency because of such claim, and in cases under paragraph (4), twice the total amount of the remuneration offered, paid, solicited, or received in violation of paragraph (1) or (2) of section 1128B(b).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect January 1, 1995. SEC. 5. VOLUNTARY DISCLOSURE PROGRAM. In consultation with the Attorney General of the United States, the Secretary of Health and Human Services shall publish proposed regulations no later than 9 months after the date of the enactment of this Act, and final regulations no later than 18 months after such date of enactment, establishing a program of voluntary disclosure that would facilitate enforcement of sections 1128A and 1128B of the Social Security Act (42 U.S.C. 1320a-7a and 1320a-7b) and other relevant provisions of Federal law relating to health care fraud and abuse. Such program should promote and provide incentives for disclosures of potential violations of such sections and provisions by providing that, under certain circumstances, the voluntary disclosure of wrongdoing would result in the imposition of penalties and punishments less substantial than those that would be assessed for the same wrongdoing if voluntary disclosure did not occur. SEC. 6. EXPANSION OF HEALTH CARE FRAUD INVESTIGATIVE RESOURCES. There are authorized to be appropriated for the hiring of additional personnel in the Department of Health and Human Services Office of the Inspector General $25,000,000 for each of fiscal years 1994, 1995, 1996, and 1997 to sustain and expand the investigation of health care fraud.

Health Care Fraud and Abuse Act of 1994 - Amends title XI of the Social Security Act to: (1) increase civil monetary penalties; (2) expand criminal penalties to include treble damages; (3) provide for the application of such sanctions to fraud and abuse involving any health benefit plan; and (4) include civil monetary penalties in anti-kickback sanctions. Requires the Secretary of Health and Human Services (HHS) to publish regulations establishing a program of voluntary disclosure of wrongdoing providing for less substantial sanctions than those otherwise imposed for health care fraud and abuse. Authorizes appropriations for hiring additional personnel for HHS's Office of Inspector General to sustain and expand the investigation of health care fraud.

Health Care Fraud and Abuse Act of 1994

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Cost of Higher Education Review Act of 1997''. (b) Findings.--The Congress finds the following: (1) According to a report issued by the General Accounting Office, tuition at 4-year public colleges and universities increased 234 percent from school year 1980-1981 through school year 1994-1995, while median household income rose 82 percent and the cost of consumer goods as measured by the Consumer Price Index rose 74 percent over the same time period. (2) A 1995 survey of college freshmen found that concern about college affordability was the highest it has been in the last 30 years. (3) Paying for a college education now ranks as one of the most costly investments for American families. SEC. 2. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER EDUCATION. There is established a Commission to be known as the ``National Commission on the Cost of Higher Education'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 7 members as follows: (1) Two individuals shall be appointed by the Speaker of the House. (2) One individual shall be appointed by the Minority Leader of the House. (3) Two individuals shall be appointed by the Majority Leader of the Senate. (4) One individual shall be appointed by the Minority Leader of the Senate. (5) One individual shall be appointed by the Secretary of Education. (b) Additional Qualifications.--Each of the individuals appointed under subsection (a) shall be an individual with expertise and experience in higher education finance (including the financing of State institutions of higher education), Federal financial aid programs, education economics research, public or private higher education administration, or management of business efficiency and cost reduction programs. (c) Chairperson and Vice Chairperson.--The members of the Commission shall elect a Chairman and a Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson will assume the duties of the Chairperson. (d) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (e) Appointments.--All appointments under subsection (a) shall be made within 30 days after the date of enactment of this Act. In the event that an officer authorized to make an appointment under subsection (a) has not made such appointment within such 30 days, the appointment may be made for such officer as follows: (1) the Chairman of the Committee on Education and the Workforce may act under such subsection for the Speaker of the House of Representatives; (2) the Ranking Minority Member of the Committee on Education and the Workforce may act under such subsection for the Minority Leader of the House of Representatives; (3) the Chairman of the Committee on Labor and Human Resources may act under such subsection for the Majority Leader of the Senate; and (4) the Ranking Minority Member of the Committee on Labor and Human Resources may act under such subsection for the Minority Leader of the Senate. (f) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (g) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (h) Prohibition of Additional Pay.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the government service to the extent funds are available for such expenses. (i) Initial Meeting.--The initial meeting of the Commission shall occur within 40 days after the date of enactment of this Act. SEC. 4. FUNCTIONS OF COMMISSION. (a) Specific Findings and Recommendations.--The Commission shall study and make findings and specific recommendations regarding the following: (1) The increase in tuition compared with other commodities and services. (2) Innovative methods of reducing or stabilizing tuition. (3) Trends in college and university administrative costs, including administrative staffing, ratio of administrative staff to instructors, ratio of administrative staff to students, remuneration of administrative staff, and remuneration of college and university presidents or chancellors. (4) Trends in (A) faculty workload and remuneration (including the use of adjunct faculty), (B) faculty-to-student ratios, (C) number of hours spent in the classroom by faculty, and (D) tenure practices, and the impact of such trends on tuition. (5) Trends in (A) the construction and renovation of academic and other collegitate facilities, and (B) the modernization of facilities to access and utilize new technologies, and the impact of such trends on tuition. (6) The extent to which institutional financial aid and tuition discounting have affected tuition increases, including the demographics of students receiving such aid, the extent to which such aid is provided to students with limited need in order to attract such students to particular institutions or major fields of study, and the extent to which Federal financial aid, including loan aid, has been used to offset such increases. (7) The extent to which Federal, State, and local laws, regulations, or other mandates contribute to increasing tuition, and recommendations on reducing those mandates. (8) The establishment of a mechanism for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities. (9) The extent to which student financial aid programs have contributed to increased tuition. (10) Other related topics determined to be appropriate by the Commission. (b) Final Report.-- (1) In general.--Subject to paragraph (2), the Commission shall submit to the President and to the Congress, not later than 120 days after the date of the first meeting of the Commission, a report which shall contain a detailed statement of the findings and conclusions of the Commission, including the Commission's recommendations for administrative and legislative action that the Commission considers advisable. (2) Majority vote required for recommendations.--Any recommendation described in paragraph (1) shall be made by the Commission to the President and to the Congress only if such recommendation is adopted by a majority vote of the members of the Commission who are present and voting. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings and sit and act at such times and places, as the Commission may find advisable. (b) Rules and Regulations.--The Commission may adopt such rules and regulations as may be necessary to establish the Commission's procedures and to govern the manner of the Commission's operations, organization, and personnel. (c) Assistance From Federal Agencies.-- (1) Information.--The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Each such agency or instrumentality shall, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), furnish such information to the Commission, upon request made by the Chairperson of the Commission. (2) Facilities and services, personnel detail authorized.-- Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (A) make any of the facilities and services of such agency or instrumentality available to the Commission; and (B) detail any of the personnel of such agency or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission's duties under this Act. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contracting.--The Commission, to such extent and in such amounts as are provided in appropriation Acts, may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the Commission's duties under this Act. (f) Staff.--Subject to such rules and regulations as may be adopted by the Commission, and to such extent and in such amounts as are provided in appropriation Acts, the Chairperson of the Commission shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate equal to the maximum rate for level IV of the Executive Schedule under section 5332 of such title. SEC. 6. EXPENSES OF COMMISSION. There are authorized to be appropriated to pay any expenses of the Commission such sums as may be necessary not to exceed $650,000. Any sums appropriated for such purposes are authorized to remain available until expended, or until one year after the termination of the Commission pursuant to section 7, whichever occurs first. SEC. 7. TERMINATION OF COMMISSION. The Commission shall cease to exist on the date that is 60 days after the date on which the Commission is required to submit its final report in accordance with section 4(b).

Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations to the President and the Congress regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 6) Authorizes appropriations.

Cost of Higher Education Review Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Preservation Act of 1997''. SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND. (a) General Rule.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 138 as section 139 and by inserting after section 137 the following new section: ``SEC. 138. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS RESTRICTED TO FARMING. ``(a) General Rule.--In the case of an operator of farmland, gross income does not include gain from the sale or exchange of farmland if there is in effect on the date of such sale or exchange a qualified covenant which does not permit any use of such farmland for any purpose other than use as farmland. ``(b) Definitions.--For purposes of this section-- ``(1) Farmland.--The term `farmland' means any real property-- ``(A) which is located in the United States, and ``(B) which is used as a farm for farming purposes (within the meaning of section 2032A(e)). ``(2) Qualified covenant--The term `qualified covenant' means a covenant-- ``(A) which may not be revoked, ``(B) which, with respect to farmland to which such covenant applies, is entered into by all persons having any ownership interest in such farmland, and ``(C) which binds all future owners of the farmland to which such covenant applies. ``(c) Application With Principal Residences.--For purposes of this section, use as farmland includes use as the principal residence of the operator of such farmland. ``(d) Verification of Covenant.--Subsection (a) shall not apply by reason of any covenant unless such person-- ``(1) notifies (in such form and manner as the Secretary may by regulations prescribe) both the Secretary and the Secretary of Agriculture of the political subdivision of the State in which such covenant is recorded, and ``(2) submits to the Secretary a copy of such covenant.'' (b) Clerical Amendment.--The table of sections for such part is amended by striking the last item and inserting the following new items: ``Sec. 138. Sales and exchanges of farmland the use of which is restricted to farming. ``Sec. 139. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to covenants first recorded after December 31, 1996, and to sales and exchanges after such date. SEC. 3. EXCLUSION FROM GROSS ESTATE OF FARMLAND WHICH BY COVENANT IS RESTRICTED TO USE AS FARMLAND. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION OF FARMLAND WHICH BY COVENANT IS RESTRICTED TO USE AS FARMLAND. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the adjusted value of farmland included in the estate if there is in effect on the date of death a qualified covenant which does not permit any use of such farmland for any purpose other than use as farmland. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, and ``(2) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) the farmland were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of the farmland. ``(c) Definitions.--For purposes of this section-- ``(1) Farmland.--The term `farmland' means any real property-- ``(A) which is located in the United States, and ``(B) which is used as a farm for farming purposes (within the meaning of section 2032A(e)). ``(2) Qualified covenant.--The term `qualified covenant' means a covenant-- ``(A) which may not be revoked, ``(B) which, with respect to farmland to which such covenant applies, is entered into by all persons having any ownership interest in such farmland, and ``(C) which binds all future owners of the farmland to which such covenant applies. ``(3) Adjusted value.--The term `adjusted value' means the value of farmland for purposes of this chapter (determined without regard to this section), reduced by the amount deductible under paragraph (3) or (4) of section 2053(a). ``(d) Application With Principal Residences.--For purposes of this section, use as farmland includes use as the principal residence of the operator of such farmland. ``(e) Verification of Covenant.--Subsection (a) shall not apply by reason of any covenant unless such person-- ``(1) notifies (in such form and manner as the Secretary may by regulations prescribe) both the Secretary and the Secretary of Agriculture of the political subdivision of the State in which such covenant is recorded, and ``(2) submits to the Secretary a copy of such covenant.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion of farmland which by covenant is restricted to use as farmland.'' (c) Effective Date.--The amendments made by this section shall apply to covenants first recorded after December 31, 1996, with respect to estates of decedents dying after such date.

Farm Preservation Act of 1997 - Amends the Internal Revenue Code to exclude from gross income the gain from the sale or exchange of farmland if there is a covenant prohibiting any use other than as farmland. Excludes from the gross estate the value of farmland if there is a covenant prohibiting any use other than as farmland.

Farm Preservation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Reservation Rural Water System Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there are insufficient water supplies available to residents of the Fort Peck Indian Reservation in Montana, and the water systems that are available do not meet minimum health and safety standards, posing a threat to public health and safety; (2) the United States has a trust responsibility to ensure that adequate and safe water supplies are available to meet the economic, environmental, water supply, and public health needs of the Fort Peck Indian Reservation; and (3) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fort Peck Indian Reservation is the Missouri River. (b) Purpose.--The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the residents of the Fort Peck Indian Reservation in Montana. SEC. 3. DEFINITIONS. In this Act: (1) Fort peck tribe.--The term ``Fort Peck tribe'' means the Assiniboine Indian Tribe and the Sioux Indian Tribe within the Fort Peck Indian Reservation. (2) Pick-sloan.--The term ``Pick-Sloan'' means the Pick- Sloan Missouri Basin Program authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665) (commonly known as the ``Flood Control Act of 1944''). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Water system.--The term ``Water System'' means the Fort Peck Reservation Rural Water System authorized by section 4. SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM. (a) Authorization.--The Secretary shall plan, design, construct (including replacement of structures and equipment in existence on the date of enactment of this Act, as necessary), operate, and maintain a municipal, rural, and industrial water system, to be known as the ``Fort Peck Reservation Rural Water System'', as generally depicted in the report entitled ``Technical Report for the Fort Peck Reservation Rural Water System'' and dated July 1995. (b) Components.--The Water System shall consist of-- (1) pumping and treatment facilities located along the Missouri River near Poplar, Montana; (2) pipelines extending from the Missouri River near Poplar, Montana, throughout the Fort Peck Indian Reservation; (3) facilities to allow for future interconnections to areas outside the Fort Peck Indian Reservation, including the communities of Plentywood, Scobey, Flaxville, and Culbertson, Montana; (4) distribution and treatment facilities to serve the needs of the Fort Peck Indian Reservation, including the purchase, improvement, and repair of water systems in existence on the date of enactment of this Act, including systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation; (5) appurtenant buildings and access roads; (6) all property and property rights associated with the facilities described in paragraphs (1) through (5); (7) electrical power transmission and distribution facilities necessary for services to Water System facilities; and (8) such other pipelines, pumping plants, and facilities as the Secretary considers necessary or appropriate to meet the water supply, economic, public health, and environmental needs of the reservation, including water storage tanks, water lines, and other facilities for the Fort Peck tribes and reservation villages, towns, and municipalities. (c) Agreement.-- (1) In general.--In carrying out subsection (b), the Secretary shall enter into a cooperative agreement with the Fort Peck Tribal Executive Board for planning, designing, constructing (including necessary replacement), operating, and maintaining the Water System. (2) Mandatory provisions.--The cooperative agreement under paragraph (1) shall describe, in a manner that is acceptable to the Secretary and the Fort Peck Tribal Executive Board-- (A) the responsibilities of the parties for-- (i) needs assessment, feasibility, and environmental studies; (ii) engineering and design; (iii) construction; (iv) water conservation measures; and (v) administration of contracts relating to performance of the activities described in clauses (i) through (iv); (B) the procedures and requirements for approval and acceptance of the design and construction; and (C) the rights, responsibilities, and liabilities of each party to the agreement. (3) Optional provisions.--The cooperative agreement under paragraph (1) may include provisions relating to the purchase, improvement, and repair of water systems in existence on the date of enactment of this Act, including systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation. (4) Termination.--The Secretary may terminate a cooperative agreement under paragraph (1) if the Secretary determines that-- (A) the quality of construction does not meet all standards established for similar facilities constructed by the Secretary; or (B) the operation and maintenance of the Water System does not meet conditions acceptable to the Secretary that are adequate to fulfill the obligations of the United States to the Fort Peck tribes. (5) Transfer.--On execution of a cooperative agreement under paragraph (1), in accordance with the terms of the cooperative agreement, the Secretary may transfer to the Fort Peck tribes, on a nonreimbursable basis, funds appropriated for the Water System under section 8. (d) Service Area.--The service area of the Water System shall be the area within the boundaries of the Fort Peck Indian Reservation. (e) Construction Requirements.--The pumping plants, pipelines, treatment facilities, and other appurtenant facilities for the Water System shall be planned and constructed to a size sufficient to meet the municipal, rural, and industrial water supply requirements of the Fort Peck Indian Reservation and the rural areas north of the reservation, taking into account the effects of the water conservation plan under section 5. (f) Title to Water System.--Title to the Water System shall be held in trust by the United States for the Fort Peck tribes and shall not be transferred unless a transfer is authorized by an Act of Congress enacted after the date of enactment of this Act. (g) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the Water System until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met with respect to the Water System; (2) a final engineering report for the Water System has been approved by the Secretary; and (3) the Secretary publishes a written finding that the water conservation plan under section 5 includes prudent and responsible water conservation measures for the operation of the Water System that have been shown to be economically and financially feasible. (h) Technical Assistance.--The Secretary shall provide such technical assistance as may be necessary to enable the Fort Peck tribes to plan, develop, construct (including necessary replacement), operate, and maintain the Water System, including operation and management training. (i) Application of Indian Self-Determination Act.--Planning, design, construction (including necessary replacement), and operation of the Water System shall be subject to the Indian Self-Determination Act (25 U.S.C. 450f et seq.). SEC. 5. WATER CONSERVATION PLAN. (a) In General.--The Fort Peck tribes shall develop a water conservation plan containing definite goals, appropriate water conservation measures, and a time schedule for meeting the water conservation objectives. (b) Purpose.--The water conservation plan under subsection (a) shall be designed to ensure that users of water from the Water System will use the best practicable technology and management techniques to conserve water. (c) Application of the Reclamation Reform Act of 1982.--Section 210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall apply to the Water System. SEC. 6. USE OF PICK-SLOAN POWER. (a) Power.--The Water System shall use power from Pick-Sloan for operation. The use of the power shall be considered to be a project use pumping requirement of Pick-Sloan. (b) Power To Be Used.--Power identified for future project use pumping shall be reserved for and made available for the purpose authorized by subsection (a). (c) Rate.--The rate for project use power made available under subsection (b) shall be the wholesale firm power rate for Pick-Sloan (Eastern Division) in effect at the time at which the power is sold. (d) Additional Power.-- (1) In general.--If power in addition to that made available under subsection (b) is required to meet the pumping requirements of the Water System, the Administrator of the Western Area Power Administration may purchase the necessary additional power under such terms and conditions as the Administrator considers appropriate. (2) Recovery of expenses.--Expenses associated with power purchases under paragraph (1) shall be recovered through a separate power charge, sufficient to recover the expenses, applied to the Water System. SEC. 7. WATER RIGHTS. This Act does not-- (1) impair the validity of or preempt any provision of State water law, or of any interstate compact governing water; (2) alter the rights of any State to any appropriated share of the waters of any body or surface or ground water, whether determined by past or future interstate compacts, or by past or future legislative or final judicial allocations; (3) preempt or modify any Federal or State law or interstate compact dealing with water quality or disposal; (4) confer on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any groundwater resources; (5) affect any water rights of the Fort Peck tribes, located within or without the external boundaries of the Fort Peck Indian Reservation, based on a treaty, compact, executive order, agreement, Act of Congress, aboriginal title, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or otherwise; or (6) validate or invalidate any assertion of the existence, nonexistence, or extinguishment of any water rights held by the Fort Peck tribes or any other Indian Tribe or individual Indian under Federal or State law. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Planning, Design, and Construction.-- (1) In general.--There is authorized to be appropriated, over a period of 5 fiscal years, $114,734,300 for the planning, design, and construction of the Water System. (2) Adjustment.--The funds authorized to be appropriated by paragraph (1), less any amounts previously obligated for the Water System, are increased or decreased by such amounts as are justified by reason of ordinary fluctuations in development costs incurred after January 1, 1996, as indicated by engineering cost indices applicable for the type of construction involved. (b) Operation and Maintenance.--There are authorized to be appropriated such sums as are necessary for the operation and maintenance of the Water System.

Fort Peck Reservation Rural Water System Act of 1996 - Directs the Secretary of the Interior to plan, design, construct (including replacement of structures and equipment), operate, and maintain the Fort Peck Reservation Rural Water System. Directs the Secretary to enter into a cooperative agreement with the Fort Peck Tribal Executive Board regarding the Fort Peck Reservation Rural Water System. Provides that title to the Water System be held in trust by the United States for the Fort Peck Tribes and not be transferred unless a transfer is authorized by an Act of Congress enacted after the enactment of this Act. Limits the availability of construction funds for the construction of the Water System until certain requirements are met. Requires that the Fort Peck tribes develop a water conservation plan containing definite goals, water conservation measures, and a time schedule for meeting water conservation objectives. Applies the provisions of the Reclamation Reform Act of 1982 to the Water System. Directs the Water System to use power from the Pick-Sloan Missouri Basin Program for operation. Considers use of the power to be a project use pumping requirement of Pick-Sloan. Authorizes appropriations.

Fort Peck Reservation Rural Water System Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Access Act''. SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR LOCATION AND OPERATION OF POLLING PLACES USED IN ELECTIONS FOR FEDERAL OFFICE. (a) Establishment of Standards.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. COMPLIANCE WITH STANDARDS FOR LOCATION AND OPERATION OF POLLING PLACES. ``(a) Compliance.--Each State shall comply with the standards established by the Commission under this section for the location and operation of polling places used in elections for Federal office. ``(b) Establishment of Standards.-- ``(1) Standards described.--In consultation with the chief State election officials of the States, the Commission shall establish national standards for the location and operation of polling places used in elections for Federal office (other than sites used as polling places on dates other than the date of the election), including the following: ``(A) A requirement that no individual shall be required to wait for longer than one hour in order to cast a vote at a polling place. ``(B) Standards for determining the number of polling places within a jurisdiction on the basis of the voting age population of the jurisdiction, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction, the availability of same-day voter registration in the jurisdiction, and other relevant factors. ``(C) Standards for the nondiscriminatory placement and location of polling places within a jurisdiction, including standards to ensure that polling places are accessible to voters with disabilities and voters using public transportation. ``(D) Standards for ensuring that each polling place has sufficient resources, including voting systems, ballots, and election officials, to meet the requirement described in subparagraph (A). ``(E) Standards for ensuring that voters are given timely, accurate, and current information in clear and concise language regarding ballot information and the location of polling places. ``(F) Best practices for preventing violations of laws prohibiting the intimidation or harassment of voters at polling places. ``(2) Process for establishment of standards.--The establishment of the standards under this section shall be carried out by the Commission in a manner that provides for each of the following: ``(A) Publication of notice of the proposed standards in the Federal Register. ``(B) An opportunity for public comment on the proposed standards. ``(C) Publication of the final standards in the Federal Register. ``(c) Deadline; Effective Date.--The Commission shall establish the standards under this section not later than 1 year after the date of the enactment of this section, and each State shall comply with the standards with respect to all elections for Federal office held on or after the expiration of the 180-day period which begins on the date the Commission establishes the standards.''. (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. Compliance with standards for location and operation of polling places.''. (b) Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 303A''. (c) Funding.--Section 257(a) of such Act (52 U.S.C. 21007(a)) is amended by adding at the end the following new paragraph: ``(5) For the first fiscal year during which States are subject to the requirements of section 303A (relating to standards established by the Commission for the location and operation of polling places), such sums as are necessary for requirements payments to enable the States to meet the requirements of such section.''. SEC. 3. STUDY AND REPORT ON MISIDENTIFICATION OF INDIVIDUAL POLITICAL PARTY REGISTRATION. (a) Study.--The Election Assistance Commission shall conduct a study of instances of the misidentification by election officials of the political party registration of individuals attempting to vote in primary elections for Federal office, including an analysis of the frequency of such misidentification among various jurisdictions. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Commission considers appropriate to prevent and respond to the misidentification of an individual's political party registration, including recommendations to permit individuals to correct their political party registration at the polling place on the date of voting.

Voting Access Act This bill amends the Help America Vote Act of 2002 to require each state to comply with national standards established by the Election Assistance Commission for the location and operation of polling places used in elections for federal office. The Commission shall establish such standards and study instances of the misidentification by election officials of the political party registration of individuals attempting to vote in primary elections for federal office.

Voting Access Act

SECTION 1. FINDINGS. (a) The Congress makes the following findings: (1) The free exchange of ideas and information through modern, reliable telecommunications equipment fosters the development of democratic institutions, the promotion of free market economic reforms, and the facilitation of international commerce. (2) Exports of advanced telecommunications equipment and technology contribute to the United States economic competitiveness and high-skill, high-wage jobs in the United States. (3) Export restrictions on telecommunications equipment and technology are outdated, controlling the export of equipment and technology that is more than 10 years old and has over 15 times less capacity than similar equipment and technology in use today in the United States. (4) Foreign availability of telecommunications equipment and technology exists both from countries that do not belong to or cooperate with the Coordinating Committee for Multilateral Export Controls, and from within countries to which exports of such equipment and technology are controlled by agreement of the Coordinating Committee. SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS. (a) In General.--Section 5(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the following: ``(8)(A) The Secretary shall, not later than 30 days after the date of the enactment of this paragraph, propose to COCOM or to its successor export control regime, and to any other export control regime which maintains controls on telecommunications equipment and technology, that exports of telecommunications equipment and telecommunications technology for civil and uses shall not require a validated license or reexport authorization for export or reexport to any of the republics of the former Soviet Union, the People's Republic of China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. ``(B) For the purposes of this paragraph-- ``(i) the term `telecommunications equipment' includes-- ``(I) telephone switching systems and stored program controlled communications switching systems, including related features and components that provide services and management of telecommunications networks; ``(II) telecommunications transmission equipment; ``(III) microwave, light wave, and other radio relay, transmitting, or test equipment, and related components and accessories; ``(IV) telecommunications cables and components, including optical fibers and optical fiber cables; ``(V) equipment containing frequency synthesizers when used in land-based mobile communications systems; ``(VI) equipment described in any of clauses (I) through (V), or any other telecommunications equipment, that contains lasers; ``(VII) computer hardware and application specific software which are related to any of the items described in clauses (I) through (V) and are required for data communications; ``(VIII) all spare parts, components, and measuring or test equipment related to any of the items described in clauses (I) through (VII); and ``(IX) any other equipment controlled by Parts I or II of Category 5 of the Commerce Control List as of July 1, 1993; ``(ii) the term `telecommunications technology' means technology related to telecommunications equipment, including technology for the production, development, and use of telecommunications equipment; ``(iii) the term `telecommunications networks' includes local area, intracity, intercity, and international telecommunications networks; and ``(iv) the term `telecommunications' means voice, video, and data communications over any public or private network or broadcasting system, and services related to such communications. ``(b) Report.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the Speaker of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report certifying that the proposal required by section 5(c)(8) of the Export Administration Act of 1979 (as added by subsection (a) of this section) has been made to the members of the Coordinating Committee or to its successor export control regime, and to any other export control regime which maintains controls on telecommunications equipment and technology, and outlining the plans to gain the concurrence of the other members of the Committee or the appropriate regime in the proposal.''.

Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls (COCOM) (or to its successor export control regime), and to any other export control regime which maintains controls on telecommunications equipment and technology, that exports of telecommunications technology for civil end uses shall not require a validated license or reexport authorization for export or reexport to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia. Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other members of COCOM or the appropriate regime in the proposal.

A bill to liberalize controls on the export of telecommunications equipment and technology in order to promote democracy and free communication and enhance economic competitiveness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Comprehensive Emergency Preparedness, Coordination, and Recovery Act of 2002''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Responders to the terrorist attacks at the World Trade Center, the Pentagon, and the tragedy in Pennsylvania on September 11, 2001, from numerous jurisdictions assisted the fire and rescue workers responsible for responding within their jurisdictions. (2) Even in the largest municipality, first responders need the support of local elected officials and neighboring jurisdictions, as well as support from numerous regional, State, Federal, and private sector entities. (3) The sheer number of agencies taking part in any emergency response demands coordination, mutual support, and effective communication. Regional planning and coordination of response efforts are essential to ensure the least loss of life and damage to property. (4) Regional councils of governments, regional planning commissions, and development districts have the accountability and experience necessary to coordinate comprehensive regional plans that encompass the needs of the Federal, State, and local governments, the private sector, and all other parties with a stake in providing for the security of their communities. Regional councils of government can ensure the development of a coordinated emergency preparedness and recovery plan involving Federal, State, and local governments and the private sector. (5) Coordinated, area-wide training, equipment acquisition, and recovery planning is essential for effective regional preparedness and mitigation. (b) Purpose.--The purpose of this Act is to encourage and facilitate the development and implementation of regional emergency preparedness and coordination plans among Federal, State, and local governments and the private sector within the region and to facilitate preparedness and mitigation efforts. SEC. 3. DEFINITIONS. In this Act: (1) The term ``region'' means a designated multijurisdictional planning area or a sub-State district with boundaries established by State law or through mutual agreement of local governments. (2) The term ``regional council'' means a multipurpose association of governments in a planning region, including councils of governments, regional planning commissions, and area development districts. (3) The term ``local government'' means any city, county, or township within the United States. (4) The term ``State'' means any of the 50 States, the District of Columbia, or any territory of the United States. (5) The term ``stakeholder'' means Federal, State, local, private, and nonprofit entities, including, but not limited to-- (A) local elected officials; (B) local State emergency management agencies; (C) local fire and rescue personnel; (D) health professionals; (E) local school representatives; (F) college and university representatives; (G) the business community; (H) port and airport officials; (I) utilities; (J) State departments of transportation; and (K) other individuals and entities identified by the stakeholders. (6) The term ``regional plan'' means a regional emergency preparedness, response, mitigation, and recovery plan. SEC. 4. REQUIREMENT TO COORDINATE THE DEVELOPMENT OF REGIONAL EMERGENCY PREPAREDNESS, COORDINATION, AND RECOVERY PLANS. (a) In General.--The regional councils as defined in section 3(2) shall-- (1) convene all local governments, Federal, State, and private sector interests within a region to coordinate the development of emergency preparedness, response, mitigation, and recovery plans for the entire region; and (2) convene all stakeholders within the region. (b) Elements of the Regional Plan.--The emergency response plan required to be developed under subsection (a) shall include, at a minimum-- (1) an assessment of potential targets for destruction; (2) an assessment of available equipment and manpower to respond to a disaster; (3) an assessment of equipment needs; (4) establishment of a regional communication system among stakeholders; (5) establishment of a secure information repository that includes information needed, as necessary, to coordinate stakeholder responsibilities within the region; and (6) information on the following: (A) Response resources.-- (i) Locations, contacts, capabilities, and capacities of emergency medical facilities. (ii) Locations, contacts, and equipment listings for fire, police, and emergency medical technician services. (iii) Locations of, and 24-hour contacts for, appropriate medical facilities and personnel and other potential first responders. (iv) Locations and contacts for area stakeholders involved in the operation and maintenance of essential services within the region. (v) Locations and contacts for area key military personnel and facilities. (B) Support facilities.-- (i) Locations, capabilities, and capacities of existing shelters. (ii) Locations of, and available facilities at, schools, colleges, universities, churches, and other public buildings. (iii) Locations of major water and food supplies. (C) Infrastructure.-- (i) Locations of water treatment and storage facilities and distribution mains. (ii) Locations of utilities lines, pipelines, and generating facilities. (iii) Locations of sewer mains and treatment plants. (iv) Locations of voice, data, video, microwave, and satellite uplink communication facilities. (v) Locations of radio and television studios and transmission sites. (vi) Locations and capacities of shortwave radio facilities and volunteers. (vii) Locations of major bridges and dams. (viii) Locations of major educational facilities. (D) Transportation facilities.-- (i) Locations and capacities of major transportation facilities, lines, and terminals, including ports and airports. (ii) Locations and capacities of local and regional transportation routes. (E) At-risk populations.-- (i) Locations of large population concentrations and the times of those concentrations. (ii) Schedules of major public events and capacities of venues. (iii) Population statistics, including block level population data. (iv) School enrollment numbers. (v) Locations of elderly, infirm, and disabled persons who need special assistance. (F) Potential targets.-- (i) Locations of major concentrations of hazardous and biohazard chemicals. (ii) Locations of fuel depots and dispensing facilities which meet certain Environmental Protection Agency thresholds. (iii) Locations of major concentrations of munitions and explosives. (iv) Locations of other potential targets, such as nuclear power plants, in the region. (G) Debris disposal.-- (i) Identification of locations for debris disposal. (ii) Identification of potential health hazards to personnel involved in debris disposal. (c) Planning Activities.--Planning activities pursuant to this section shall include analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment and planning for utilization of Geographic Information Systems, to assess hazards and evaluate the consequences of potential emergencies or disasters. (d) Approval of Regional Plan.--The plan shall be approved by the designated regional planning agency's governing body and Governor or Governors not later than the date that is 12 months after the designated agency has received an initial planning grant under this Act. (e) Update of Regional Plan.--The regional plan shall be reviewed annually and updated as needed, based on revised threat assessments, trainings, and drills. (f) Security of Mapping and Infrastructure Information Contained Within Regional Plan.--(1) For security purposes, the information contained in the regional plan required under subsection (b)(5) shall be available only to those public and private officials and agencies that have responsibility under such plan. (2) Computer and software technology shall be required for securing the key resources and critical infrastructure that may be outlined within the regional plan. (3) It shall be necessary to seek the appropriate measures to protect the key resources and critical infrastructure within each region in coordination with other agencies and representatives from within the region including Federal, State, and local government personnel, agencies and authorities, the private sector, and other entities. (4) It shall be necessary to continue to review and analyze and make recommendations for improvements in the policies and procedures governing the security of this information and sharing it with law enforcement, intelligence, emergency management, and other entities related to homeland security within the Federal Government and between such representatives within the region, including Federal, State, and local government personnel agencies, authorities, and the private sector. SEC. 5. FUNDING. (a) In General.--From the amounts appropriated to Federal or State agencies for emergency preparedness and homeland security, an amount of not less than three percent shall be allocated to the Department of Homeland Security, or other agency designated by Congress, for the preparation, review, and update of regional plans required by this Act. Such funds shall be allocated to designated regional councils for the purposes set forth in this Act. (b) Formula.--Allocations to regions shall be according to a formula that takes into account the population of a region, base amounts necessary to prepare a regional plan, vulnerability to catastrophic events, and the presence of facilities of State or national significance. (c) Consistency.--Funding from Federal agencies for local, regional, or State projects for emergency preparedness, response, recovery, or mitigation shall require consistency with regional plans.

Regional Comprehensive Emergency Preparedness, Coordination, and Recovery Act of 2002 - Directs regional councils to convene: (1) all local governments, Federal, State, and private sector interests within a region to coordinate the development of emergency preparedness, response, mitigation, and recovery plans for the entire region; and (2) all stakeholders (Federal, State, local, private, and nonprofit entities) within that region.Requires such a regional emergency response plan to include: (1) an assessment of potential targets for destruction, available equipment and manpower to respond, and equipment needs; (2) establishment of a regional communication system among stakeholders and a secure repository for information needed to coordinate stakeholder responsibilities; and (3) information on response resources, support facilities, infrastructure, transportation facilities, at-risk populations, potential targets, and debris disposal.Requires planning activities to include: (1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment; and (2) planning for utilization of Geographic Information Systems to assess hazards and evaluate the consequences of potential emergencies or disasters.Requires plans to be approved by the designated regional planning agency's governing body and Governor(s), reviewed annually, and updated as needed based on revised threats assessments, training, and drills.Sets forth requirements for: (1) the security of mapping and infrastructure information contained within such plans; and (2) funding the preparation, review, and updating of regional plans.

To enhance homeland security by encouraging the development of regional comprehensive emergency preparedness and coordination plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health and Safety Risk Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health risks and safety risks that may disproportionately affect children; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health risks or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Covered regulatory action.--The term ``covered regulatory action'' means any substantive action in a rulemaking that is initiated after the date of enactment of this Act or for which a notice of proposed rulemaking is published not later than 1 year after the date of enactment of this Act, that is likely to result in a regulation that may concern an environmental health risk or safety risk that an agency has reason to believe may disproportionately affect children. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means a risk to the health or safety of a child that is posed by or otherwise attributable to a product or substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes a risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) food; (iii) water used by a child for drinking or recreation; (iv) soil; and (v) any product used by a child or with which a child has contact. (4) Federal agency.-- (A) In general.--The term ``Federal agency'' means any agency or authority of the United States that is considered to be an agency under section 3502(1) of title 44, United States Code. (B) Exclusions.--The term ``Federal agency'' does not include-- (i) any independent regulatory agency described in section 3502(5) of title 44, United States Code (other than the Consumer Product Safety Commission); or (ii) any military department (as defined in section 102 of title 5, United States Code). (5) Forum.--The term ``Forum'' means the Forum on Child and Family Statistics convened under section 6(a). (6) Task force.--The term ``Task Force'' means the Task Force on Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN. (a) Establishment.--There is established in the Executive branch a task force to be known as the ``Task Force on Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (2) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Executive departments and agencies as the President may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Task Force shall, after providing notice and an opportunity for public participation and comment-- (1) recommend to the President Federal strategies for children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to achieving the goals of this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; and (F) a statement regarding the desirability of new legislation to fulfill or promote the purposes of this Act; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the National Science and Technology Council-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the agencies. SEC. 5. FEDERAL AGENCY ENVIRONMENTAL HEALTH AND SAFETY RISK RULEMAKING. (a) In General.--Unless otherwise prohibited by law, for each covered regulatory action submitted to the Office of Management and Budget for review, the issuing Federal agency shall provide to that Office, as developed during the decisionmaking process of the issuing Federal agency-- (1) an evaluation of the environmental health and safety effects of the planned regulation; and (2) an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the issuing Federal agency. (b) Emergency Situations.--In an emergency situation, or if an issuing Federal agency is required to act more quickly than normal review procedures permit, the issuing Federal agency shall comply with this section to the maximum extent practicable. (c) Mandatory Deadlines.--For a regulatory action that is covered by a court-imposed or statutory deadline, the issuing Federal agency shall, to the maximum extent practicable, schedule any rulemaking proceedings so as to permit sufficient time for compliance with this section. (d) Form and Availability of Analysis.--The analysis required by this section-- (1) may be included as part of any other required analysis; and (2) shall be made part of the administrative record for the applicable regulatory action or otherwise made available to the public, to the extent permitted by law. SEC. 6. INTERAGENCY FORUM ON CHILD AND FAMILY STATISTICS. (a) In General.--The Director shall convene an interagency forum, to be known as the ``Forum on Child and Family Statistics'', that includes representatives from the appropriate Federal statistics and research agencies. (b) Responsibilities.--The Forum shall-- (1) not later than 1 year after the date of enactment of this Act, and annually thereafter, publish and submit in accordance with subsection (c) an annual report using the most recent available data that describes the most important indicators of the well-being of the children of the United States; (2) determine the indicators to be included in each such report, including an identification of the sources of data to be used for each indicator; (3) provide an ongoing review of Federal collection and dissemination of data on children and families; and (4) make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. (c) Publication and Submission.--Each report under subsection (b) shall be-- (1) published by the Forum in collaboration with the National Institute of Child Health and Human Development; and (2) submitted to the President (through the Director) and Congress. SEC. 7. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.

Children's Environmental Health and Safety Risk Reduction Act - Establishes the Task Force on Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies for children's environmental health and safety; and (2) develop a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks. Directs each federal agency, for each regulatory action submitted to the Office of Management and Budget (OMB) for review that may concern an environmental health risk or safety risk that may disproportionately affect children, to provide: (1) an evaluation of the environmental health and safety effects of the planned regulation; and (2) an explanation of why the planned regulation is preferable to other potentially effective and reasonable feasible alternatives considered by the agency. Requires agencies to comply with such requirements to the maximum extent practicable in emergency situations. Requires the Director of OMB to convene the Forum on Child and Family Statistics to: (1) publish an annual report that describes the most important indicators of the well-being of U.S. children; (2) provide an ongoing review of federal collection and dissemination of data on children and families; and (3) make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. Applies this Act only to the executive branch.

A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Funding for Abortion Act''. SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS. Title 1 of the United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS ``SEC. 301. PROHIBITION ON FUNDING FOR ABORTIONS. ``No funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for any abortion. ``SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER ABORTION. ``None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``SEC. 303. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION. ``For taxable years beginning after the date of the enactment of this section-- ``(1) no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion, ``(2) for purposes of determining any deduction for expenses paid for medical care of the taxpayer or the taxpayer's spouse or dependents, amounts paid or incurred for an abortion or for a health benefits plan that includes coverage of abortion shall not be taken into account, and ``(3) in the case of any tax-preferred trust or account the purpose of which is to pay medical expenses of the account beneficiary, any amount paid or distributed from such an account for an abortion shall be included in the gross income of such beneficiary. ``SEC. 304. LIMITATION ON FEDERAL FACILITIES AND EMPLOYEES. ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal government; or ``(2) by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``SEC. 305. CONSTRUCTION RELATING TO SEPARATE COVERAGE. ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``SEC. 306. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR HEALTH COVERAGE. ``Nothing in this chapter shall be construed as restricting the ability of any nonfederal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``SEC. 307. NON-PREEMPTION OF OTHER FEDERAL LAWS. ``Nothing in this chapter shall repeal, amend, or have any effect on any other federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``SEC. 308. CONSTRUCTION RELATED TO STATE OR LOCAL LAWS. ``Nothing in this chapter or any other federal law shall be construed to require any State or local government to provide or pay for any abortion or any health benefits coverage that includes coverage of any abortion. ``SEC. 309. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER. ``The limitations established in sections 301, 302, 303, and 304 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of forcible rape, or incest with a minor; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``SEC. 310. APPLICATION TO DISTRICT OF COLUMBIA. ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal government' includes the government of the District of Columbia. ``SEC. 311. NO GOVERNMENT DISCRIMINATION AGAINST CERTAIN HEALTH CARE ENTITIES. ``(a) Nondiscrimination.--A Federal agency or program, and any State or local government that receives Federal financial assistance (either directly or indirectly), may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(b) Health Care Entity Defined.--For purposes of this section, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(c) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection, and coordinate the investigation of such complaints. ``SEC. 312. HEALTH BENEFITS COVERAGE DEFINED. ``In this chapter the term `health benefits coverage' means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.''.

No Taxpayer Funding for Abortion Act - Prohibits: (1) the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law for any abortion or for health benefits coverage that includes coverage of abortion; (2) any tax benefits for amounts paid or incurred for an abortion or for a health benefits plan (including premium assistance) that includes coverage of abortion; and (3) the inclusion of abortion in any health care service furnished by a federal health care facility or by any physician or other individual employed by the federal government. Exempts from such prohibitions an abortion if the pregnancy is the result of rape or incest with a minor, or if the woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, place the women in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. Makes such prohibitions applicable to federal funding within the budget of the District of Columbia. Prohibits federal agencies or programs and states and local governments that receive federal financial assistance from discriminating against any individual or institutional health care entity on the basis that such entity does not provide, pay for, provide coverage of, or refer for abortions. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, and coordinate the investigation of, discrimination complaints.

To prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broad-Based Stock Option Plan Transparency Act of 2003''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) innovation and entrepreneurship, particularly in the high technology industry, helped propel the economic growth of the 1990s, and will continue to be the essential building blocks of economic growth in the 21st century; (2) broad-based employee stock option plans enable entrepreneurs and corporations to attract quality workers, to incentivize worker innovation, and to stimulate productivity, which in turn increase shareholder value; (3) broad-based employee stock options plans that expand corporate ownership to rank-and-file employees spur capital formation, benefit workers, and improve corporate performance to the benefit of investors and the economy; (4) concerns raised about the impact of employee stock option plans on shareholder value raise legitimate issues relevant to the current level of disclosure and transparency of those plans to current and potential investors; and (5) investors deserve to have accurate, reliable, and meaningful information about the existence of outstanding employee stock options and their impact on the share value of a going concern. SEC. 3. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING DISCLOSURES. (a) Enhanced Disclosures Required.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall, by rule, require, for each company required to file periodic reports under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that such reports include detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, particularly with respect to the dilutive effect of such plans, including-- (1) a discussion, written in ``plain English'' (in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission), of the dilutive effect of stock option plans, including tables or graphic illustrations of such dilutive effects; (2) expanded disclosure of the dilutive effect of employee stock options on the earnings per share number of the company; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of the stock options granted to the 5 most highly compensated executive officers of the company, including any outstanding stock options of those officers. (b) Equity Interest.--As used in this section, the term ``equity interest'' includes common stock, preferred stock, stock appreciation rights, phantom stock, and any other security that replicates the investment characteristics of such securities, and any right or option to acquire any such security. SEC. 4. EVALUATION OF EMPLOYEE STOCK OPTION PLANS TRANSPARENCY AND REPORTING DISCLOSURES AND REPORT TO CONGRESS. (a) Study and Report.-- (1) Study.--During the 3-year period following the date of issuance of a final rule under section 3(a), the Commission shall conduct a study of the effectiveness of the enhanced disclosures required by section 3 in increasing transparency to current and potential investors. (2) Report.--Not later than 180 days after the end of the 3-year period referred to in paragraph (1), the Commission shall transmit a report of the results of the study conducted under paragraph (1) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Moratorium on New Accounting Standards Related to Stock Options.--During the period beginning on the date of enactment of this Act and ending 60 days after the date of transmission of the report required under subsection (a)(2), the Commission shall not recognize as generally accepted accounting principles for purposes of enforcing the securities laws any accounting standards related to the treatment of stock options that the Commission did not recognize for that purpose before April 1, 2003. SEC. 5. STUDY ON THE ECONOMIC IMPACT OF BROAD-BASED EMPLOYEE STOCK OPTION PLANS AND REPORT TO CONGRESS. (a) Study.-- (1) In general.--The Secretary of Commerce shall conduct a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries. (2) Content.--The study and analysis required by paragraph (1) shall include an examination of-- (A) the impact of such plans on expanding employee corporate ownership to workers at a wide-range of income levels, with a particular focus on rank-and-file employees; (B) the role of such plans in the recruitment and retention of skilled workers; and (C) the role of such plans in stimulating research and innovation; (D) the impact of such plans on the economic growth of the United States; and (E) the role of such plans in strengthening the international competitiveness of companies organized under the laws of the United States. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall submit a report on the study and analysis required by subsection (a) to-- (1) the Committee on Energy and Commerce and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Broad-Based Stock Option Plan Transparency Act of 2003 - Directs the Securities and Exchange Commission (SEC) to require that certain mandatory periodic reports include detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the publicly traded company, particularly with respect to the dilutive effect of such plans. Requires such reports to include: (1) a discussion, written in "plain English" of the dilutive effect of stock option plans, including tables or graphic illustrations; (2) expanded disclosure of the dilutive effect of employee stock options upon the earnings per share number of the company; (3) prominent placement and increased comparability of all stock options related information; and (4) a summary of the stock options granted to the five most highly compensated executive officers of the company, including any outstanding stock options of those officers. Directs the SEC to study and report to Congress on the effectiveness of the enhanced disclosures in increasing transparency to investors. Prohibits the SEC from recognizing as generally accepted accounting principles for purposes of enforcing the securities laws any accounting standards related to the treatment of stock options that it did not recognize for that purpose before April 1, 2003. Instructs the Secretary of Commerce to report to Congress on a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries.

A bill to direct the Securities and Exchange Commission to require enhanced disclosures of employee stock options, to require a study on the economic impact of broad-based employee stock option plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``CHP Support Act''. SEC. 2. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM. Section 375 of the Energy Policy and Conservation Act (42 U.S.C. 6345) is amended to read as follows: ``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM. ``(a) Renaming.-- ``(1) In general.--The Clean Energy Application Centers of the Department of Energy are redesignated as the CHP Technical Assistance Partnership Program (referred to in this section as the `Program'). ``(2) Program description.--The Program shall consist of-- ``(A) the 10 regional CHP Technical Assistance Partnerships in existence on the date of enactment of the CHP Support Act; ``(B) such other regional CHP Technical Assistance Partnerships as the Secretary may establish; and ``(C) any supporting technical activities under the Technical Partnership Program of the Advanced Manufacturing Office. ``(3) References.--Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application Center or a Clean Energy Application Center shall be deemed to be a reference to the Program. ``(b) CHP Technical Assistance Partnership Program.-- ``(1) In general.--The Program shall-- ``(A) operate programs to encourage deployment of combined heat and power (referred to in this subsection as `CHP') technologies by providing education and outreach to-- ``(i) building, industrial, and electric and natural gas utility professionals; ``(ii) State and local policymakers; and ``(iii) other individuals and organizations with an interest in efficient energy use, local or opportunity fuel use, resiliency, or energy security, microgrids, and district energy; and ``(B) provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities. ``(2) Funding for certain activities.-- ``(A) In general.--The Program shall make funds available to institutions of higher education, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of the regional CHP Technical Assistance Partnerships. ``(B) Use of funds.--Funds made available under subparagraph (A) may be used-- ``(i) to research, develop, and distribute informational materials relevant to manufacturers, commercial buildings, institutional facilities, and Federal sites, including continued support of the mission goals of the Department of Defense, on CHP and microgrid technologies, including continuation and updating of-- ``(I) the CHP Technical Assistance Partnerships installation database; ``(II) CHP technology potential analyses; ``(III) State CHP resource pages; and ``(IV) CHP Technical Assistance Partnerships websites; ``(ii) to research, develop, and conduct target market workshops, reports, seminars, internet programs, CHP resiliency resources, and other activities to provide education to end users, regulators, and stakeholders in a manner that leads to the deployment of CHP technologies; ``(iii) to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of CHP technology; ``(iv) to perform market research to identify high profile candidates for deployment of CHP technologies, hybrid renewable-CHP technologies, microgrids, and clean energy; ``(v) to provide nonbiased engineering support to sites considering deployment of CHP technologies; ``(vi) to assist organizations developing clean energy technologies and policies in overcoming barriers to deployment; and ``(vii) to assist companies and organizations with field validation and performance evaluations of CHP and other clean energy technologies implemented. ``(C) Duration.--The Program shall make funds available under subparagraph (A) for a period of 5 years. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $12,000,000 for each of fiscal years 2018 through 2022.''.

CHP Support Act This bill amends the Energy Policy and Conservation Act to redesignate the Department of Energy's Clean Energy Application Centers as the CHP Technical Assistance Partnership Program. The program must encourage deployment of combined heat and power technologies and provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities. This bill reauthorizes the program through FY2022.

CHP Support Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Berryessa Snow Mountain National Conservation Area Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Berryessa Snow Mountain National Conservation Area, California. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands in conservation area. Sec. 6. Berryessa Snow Mountain National Conservation Area Advisory Council. Sec. 7. Water. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``advisory council'' means the Berryessa Snow Mountain National Conservation Area Advisory Council. (2) Conservation area.--The term ``conservation area'' means the Berryessa Snow Mountain National Conservation Area. (3) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to those conservation area lands under the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to those conservation area lands under the jurisdiction of the Secretary of the Interior. (4) Secretaries.--The term ``Secretaries'' mean the Secretary of Agriculture and the Secretary of the Interior acting jointly. (5) State.--The term ``State'' means the State of California. (6) Motor vehicle use maps.--The term ``motor vehicle use maps'' means the maps produced by the Forest Service titled ``Motor Vehicle Use Map, Mendocino National Forest, SOUTH MAP, California, 2008'' and ``Motor Vehicle Use Map, Mendocino National Forest, SOUTH CENTRAL MAP, California, 2008'' and any amendments to those maps. SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION AREA, CALIFORNIA. (a) Establishment.--Subject to valid existing rights, there is hereby established the Berryessa Snow Mountain National Conservation Area in the State. (b) Purpose.--The purpose of the Berryessa Snow Mountain National Conservation Area is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the conservation area. (c) Area Included.--The conservation area consists of approximately 319,300 acres of Federal land and interests in Federal land within Napa, Lake, Mendocino, and Yolo Counties, California, as depicted on the map entitled ``Berryessa Snow Mountain National Conservation Area'' and dated May 2, 2012. (d) Legal Descriptions; Corrections of Errors.-- (1) Preparation.--As soon as practical after the date of enactment of this Act, but in no event later than two years after such date, the Secretaries shall prepare final maps and legal descriptions of the conservation area. (2) Submission.--As soon as practicable after the preparation of the maps and legal descriptions under paragraph (1), the Secretaries shall submit the maps and legal descriptions to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. (3) Public availability.--The maps and legal descriptions prepared under paragraph (1) shall be available for public inspection at appropriate offices of the Bureau of Land Management and Forest Service. (4) Legal effect.--The maps and legal descriptions of the conservation area shall have the same force and effect as if included in this Act, except that the Secretaries may correct clerical and typographical errors in the maps and legal descriptions. SEC. 4. ACCESS AND BUFFER ZONES. (a) Access.--The Secretary shall continue to provide private landowners adequate access to inholdings in the conservation area. (b) Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter of buffer zone around the conservation area. (2) Activities outside of conservation area.--The fact that any activities or uses outside of areas designated by this Act can be seen or heard within the conservation area shall not preclude the activities or uses outside of the conservation area. SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVATION AREA. (a) Basis of Management.-- (1) Applicable laws.--The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances the natural resources and values of the conservation area, in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for lands managed by the Bureau of Land Management; (C) the Wilderness Act (16 U.S.C. 1131 et seq.); (D) the Act of June 17, 1902 (commonly known as the Reclamation Act of 1902; 32 Stat. 388) and Acts amendatory thereof and supplemental thereto; (E) other laws (including regulations) applicable to the National Forest System for land managed by the Forest Service; and (F) other applicable law (including regulations). (2) Resolution of conflicts.--If there is a conflict between a provision of this Act and a provision of one of the other laws specified in paragraph (1), the more restrictive provision shall control. (b) Uses.--The Secretary shall allow only such uses of the conservation area as the Secretary determines would further the purposes for which the conservation area is established. (c) Tribal Cultural Uses.--Nothing in this Act shall be construed to enlarge or diminish the rights of any Indian tribe. (d) Recreation.--The Secretary shall continue to authorize, maintain, and enhance the recreational use of the conservation area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, mountain biking, rafting, motorized recreation on authorized routes, and other recreational activities, so long as such recreational use is consistent with the purposes of the conservation area, this section, other applicable law (including regulations), and applicable management plans. (e) Management Plan.-- (1) In general.--Within three years after the date of enactment of this Act, the Secretaries shall develop a comprehensive plan for the protection and management of the Federal lands included within the conservation area that fulfills the purposes for which the conservation area is established. In implementing the management plan and in considering any recommendations from the advisory council, the Secretaries shall consult on a regular basis. (2) Purposes.--The management plan shall-- (A) describe the appropriate uses and management of the conservation area; (B) be developed with extensive public input; (C) take into consideration any information developed in studies of the land within the conservation area; (D) assess the impacts of climate change on the conservation area and establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration; (E) include a comprehensive weed management strategy (including use of grazing where appropriate) to guide noxious weed control efforts and activities; (F) identify and prioritize habitat restoration opportunities and strategies within the conservation area; (G) identify opportunities to enhance recreational opportunities throughout the conservation area; (H) identify areas outside of designated wilderness where non-motorized recreation will be emphasized; (I) identify opportunities to improve fish passage and habitat quality for native fish species; (J) include a plan to address the public safety and environmental clean-up issues associated with illegal marijuana production within the conservation area; (K) identify opportunities to promote voluntary cooperative conservation projects with State, local, and private interests; and (L) take into consideration existing land uses (including grazing) on the Federal lands within the conservation area. (3) Other plans.--In developing the management plan, and to the extent consistent with this section, the Secretary may incorporate any provision from a resource management plan, land and resource management plan, or any other plan applicable to the conservation area. (4) Cooperative agreements.--In carrying out this Act, the Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the conservation area. (f) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the California Department of Fish and Game, may designate zones in the conservation area where, and periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (g) Motorized Vehicles.-- (1) In general.--Except where needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on lands within the conservation area shall be permitted only on designated roads and trails. (2) Additional requirement.--In developing the management plan required by this section, and to the extent consistent with this section, the Secretary, for lands under jurisdiction of Forest Service, shall incorporate the motor vehicle use maps. In developing the management plan (and making any subsequent amendment to the management plan), the Secretary shall explicitly analyze and document-- (A) each instance in which the requirements of this section or other applicable law makes it necessary to alter the motor vehicle use maps; and (B) the manner in which the motor vehicle use maps are consistent with the requirements of this section. (h) Incorporation of Acquired Lands and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land within the boundaries of the conservation area only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land that is located within the conservation area that is acquired by the United States shall-- (A) become part of the conservation area; and (B) be managed in accordance with this Act. (i) Withdrawal.--Subject to valid existing rights, all Federal land within the conservation area is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to-- (A) minerals; and (B) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (j) Grazing.-- (1) Permitted.--The Secretary shall permit grazing within the conservation area-- (A) where established before the date of enactment of this Act; or (B) through the issuance of annual permits for non- commercial grazing for the purposes of control of noxious weeds within the conservation area. (2) Requirement.--Grazing permitted under paragraph (1) shall be-- (A) subject to all applicable laws (including regulations); and (B) consistent with the purposes of the conservation area. (k) Wildland Fire Operations.--Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the conservation area, consistent with the purposes of the conservation area. (l) Horses.--Subject to any terms and conditions determined to be necessary by the Secretary, nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, the conservation area where such use is consistent with the purposes of the conservation area and other applicable law (including regulations). SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION AREA ADVISORY COUNCIL. (a) Establishment.--Not less than 180 days after the date of enactment of this Act, the Secretaries shall establish an advisory council, to be known as the ``Berryessa Snow Mountain National Conservation Area Advisory Council''. (b) Duties.--The advisory council shall advise the Secretaries with respect to the preparation and implementation of the management plan for the conservation area. (c) Applicable Law.--The advisory council shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) all other applicable law. (d) Members.--The advisory council shall include 11 members, to be appointed by the Secretaries, of whom, to the extent practicable-- (1) one member shall be appointed after considering the recommendations of the Lake County Board of Supervisors; (2) one member shall be appointed after considering the recommendations of the Napa County Board of Supervisors; (3) one member shall be appointed after considering the recommendations of the Yolo County Board of Supervisors; (4) one member shall be appointed after considering the recommendations of the Mendocino County Board of Supervisors; (5) one member shall be appointed after considering the recommendations of the head of the California Resources Agency; (6) one member shall be appointed to represent Native American Tribes; (7) five members shall reside in, or within reasonable proximity to, Yolo County, Napa County, Mendocino County, or Lake County, California, with backgrounds that reflect-- (A) the purposes for which the conservation area was established; and (B) the interest of the stakeholders that are affected by the planning and management of the conservation area. (e) Representation.--The Secretaries shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council. (f) Terms.-- (1) Staggered terms.--Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, 4 of the members shall be appointed for a term of 1 year and 4 of the members shall be appointed for a term of 2 years. (2) Reappointment.--A member may be reappointed to serve on the advisory council upon the expiration of the member's current term. (3) Vacancy.--A vacancy on the advisory council shall be filled in the same manner as the original appointment. (g) Quorum.--A quorum shall be six members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (h) Chairperson and Procedures.--The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (i) Service Without Compensation.--Members of the advisory council shall serve without pay. (j) Termination.--The advisory committee shall cease to exist-- (1) on the date that is five years after the date on which the management plan is officially adopted by the Secretaries; or (2) on such later date as the Secretaries consider appropriate. SEC. 7. WATER. Nothing in this Act-- (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; (5) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act; (6) impairs the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with the purposes of such project; or (7) modifies, changes, or supersedes any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District.

Berryessa Snow Mountain National Conservation Area Act - Establishes the Berryessa Snow Mountain National Conservation Area, to comprise approximately 319,300 acres of federal land within Napa, Lake, Mendocino, and Yolo Counties in California. States that the purpose of the Conservation Area is the conservation, protection, and enhancement of the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the Area for the benefit and enjoyment of present and future generations. Continues to provide private landowners with adequate access to inholdings in the Conservation Area. Allows only those uses of the Conservation Area that would further the purposes for which it is established. Requires a comprehensive plan for the protection and management of the federal lands included within the Conservation Area. Requires such plan to: (1) assess the impacts of climate change, (2) include a comprehensive weed management strategy, and (3) include a plan to address the public safety and environmental clean-up issues associated with illegal marijuana production. Permits grazing in the Conservation Area: (1) where established before this Act's enactment, or (2) through issuing annual permits for non-commercial grazing to control noxious weeds. Establishes the Berryessa Snow Mountain National Conservation Area Advisory Council to advise with respect to the preparation and implementation of the management plan. Requires the appointment of one Council member to represent Native American Tribes.

To designate the Berryessa Snow Mountain National Conservation Area in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Human Rights Council Accountability Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights. (2) The United Nations Human Rights Council suffers from fundamental and severe structural flaws since it draws its members from the United Nations General Assembly without any substantive membership criteria, with the perverse result that a number of the world's worst human rights abusers are members of the council. (3) For example, more than half of the members of the United Nations Human Rights Council are rated ``Not Free'' or only ``Partly Free'' by Freedom House in its 2014 Freedom in the World report. Only a minority of members were rated ``Free''. (4) Current membership on the United Nations Human Rights Council includes some of the world's worst violators, including China, Congo, Cuba, Kazakhstan, Pakistan, Russia, Saudi Arabia, Venezuela, Vietnam, and others. (5) The United Nations Human Rights Council's agenda contains a permanent item for criticism of the democratic, Jewish State of Israel, but no permanent items criticizing any other state or non-state actor. (6) Since 2006, the United Nations Human Rights Council has a largely disproportionate number of resolutions focused on criticizing Israel. (7) Since 2006, the United Nations Human Rights Council has held 22 special sessions to address dire and critical humanitarian crises throughout the world, with 7 focused on criticizing Israel, more than any other two nations combined, despite the fact that the United Nations currently has declared four of the world's humanitarian crises (Syria, Iraq, South Sudan and the Central African Republic) a ``Level 3'', its highest designation. (8) On July 23, 2014, the United Nations Human Rights Council adopted a resolution to investigate purported violations of international humanitarian and human rights laws in Gaza and the West Bank. The resolution contained over 1,700 words criticizing Israel for supposed human rights violations in Gaza, yet does not mention Hamas, the designated foreign terrorist organization responsible for using Palestinian children, women, and men as human shields and launching thousands of rockets indiscriminately into Israeli civilian populations, even once. (9) The July 23, 2014, resolution passed with 29 votes in favor, 17 abstentions and the United States as the lone dissenting vote. (10) On August 11, 2014, the United Nations named Professor William Schabas to lead a panel of inquiry in accordance to the July 23, 2014, resolution. (11) Schabas has made public statements in the past that should have precluded him from heading the panel as an unbiased participant, and should recuse himself. Among his incendiary and biased remarks, Schabas has stated ``Actually, my favourite would be Netanyahu within the dock of the International Criminal Court,'' in 2012, indicating a clear conflict of interests and lack of impartiality. (12) In 2006, the George W. Bush Administration voted against the resolution that created the United Nations Human Rights Council in the United Nations General Assembly over concerns about the Council's reforms and its ability to advocate for human rights and decided to not seek a seat on the Council. (13) In June 2008, citing its skepticism regarding the function of the United Nations Human Rights Council in terms of fulfilling its mandate and its imbalanced approach and Israel bashing agenda, the Bush Administration announced it would limit its engagement with the Council. (14) In 2008, the Bush Administration announced it would withhold United States funding to the United Nations regular budget equivalent to the United States share of the United Nations Human Rights Council budget. (15) In March 2009, reversing the previous Administration's policy, the Obama Administration announced that the United States would run for a seat on the United Nations Human Rights Council, and won a seat in May 2009. (16) United States membership in the United Nations Human Rights Council has not led to reform of its fundamental flaws nor diminished the Council's virulently anti-Israel behavior. The Council has passed over two dozen resolutions criticizing Israel since the United States joined in 2009, and the world's worst violators continue to get a pass. SEC. 3. LIMITATIONS RELATING TO UNITED NATIONS HUMAN RIGHTS COUNCIL MEMBERSHIP AND FUNDING. (a) In General.--For each and every fiscal year that begins after the date of the enactment of this Act, until the Secretary of State submits to Congress a certification for such fiscal year that the requirements described in subsection (b) have been satisfied-- (1) the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council; (2) the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification.--The certification referred to in subsection (a) is a certification of the Secretary of State to Congress that-- (1) the United Nations Human Rights Council's mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for membership on the Council of a United Nations Member State that-- (A) is subject to sanctions by the United Nations Security Council; and (B) is under a United Nations Security Council- mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State that-- (A) is subject to sanctions by the United Nations Security Council; (B) is under a United Nations Security Council- mandated investigation for human rights abuses; (C) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (D) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998; and (3) the United Nations Human Rights Council's agenda or program of work does not include a permanent item with regard to the State of Israel. (c) Special Procedures.--For each and every fiscal year that begins after the date of the enactment of this Act, the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations ``Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967'', and any other United Nations Human Rights Council ``Special Procedures'' used to display bias against the United States or the State of Israel or to provide support for any United Nations Member State that-- (1) is subject to sanctions by the United Nations Security Council; (2) is under a United Nations Security Council-mandated investigation for human rights abuses; (3) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (4) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998. (d) Reversion of Funds.--Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity.

United Nations Human Rights Council Accountability Act - Provides that until the Secretary of State makes a specified certification to Congress: (1) the Secretary shall withhold from a U.S. contribution to a regular budget of the United Nations (U.N.) an amount equal to the amount that would be allocated for the United Nations Human Rights Council (UNHRC), (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for a UNHRC seat. Directs the Secretary to withhold from a U.S. contribution to a regular budget of the U.N. an amount equal to the amount that would be allocated for: (1) the U.N. Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967; and (2) any other U.N. Special Procedures used to display bias against the United States or Israel or to provide support for any member state which is subject to U.N. Security Council sanctions, under a Security Council-mandated human rights investigation, has repeatedly supported acts of international terrorism, or is a country of particular concern for religious freedom.

United Nations Human Rights Council Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Energy Initiative Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The last national resource assessment of geothermal energy resource sites in the United States was completed in 1978. There have been substantial changes in technology and advances in geological science in the intervening 26 years. (2) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning process poses significant delays in geothermal resource development. (3) The Bureau of Land Management has a backlog of 230 lease applications for prospecting for geothermal energy. The average age of these lease applications is 9 years. The oldest non-competitive application was received in 1974. (4) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (5) Development of geothermal energy resources is environmentally safe and clean. SEC. 3. ASSESSMENT OF GEOTHERMAL ENERGY RESOURCES. (a) Resource Assessment.--Not later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of Reports.--Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including-- (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2006, 2007, and 2008. SEC. 4. ENHANCED ACCESS TO FEDERAL LANDS FOR GEOTHERMAL RESOURCE DEVELOPMENT. (a) Revision of Land Use Plans.-- (1) Public lands.--The Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (42 U.S.C. 1712) while protecting other resources. (2) National forest system lands.--The Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) while protecting other resources. (3) Issuance of rights-of-way not affected.--Nothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency. (b) Report to Congress.--Within 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include-- (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of-- (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development. SEC. 5. CONSULTATION REGARDING GEOTHERMAL LEASING AND PERMITTING ON PUBLIC LANDS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions. (b) Lease and Permit Applications.--The memorandum of understanding shall include provisions that-- (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall-- (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing. (c) Five-Year Leasing Plan.--The memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years. (d) Data Retrieval System.--The memorandum of understanding shall establish a joint data retrieval system that is capable of-- (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action. SEC. 6. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. (a) In General.--The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. ``(a) In General.--The Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the lease. ``(b) Conditions.--The Secretary may provide reimbursement under subsection (a) only if-- ``(1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; ``(2) the person paid the amounts voluntarily; and ``(3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.''. (b) Application.--The amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out section 5 through 7 there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary.

Geothermal Energy Initiative Act of 2005 - Directs the Secretary of Energy to: (1) review and publish annually the available assessments of geothermal energy resources available within the United States; and (2) undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. Directs the Secretary of the Interior and the Secretary of Agriculture to expedite development of geothermal energy in making revisions to certain land use plans for public lands and National Forest System lands, respectively. Directs the Secretary of the Interior to report to Congress any recommendations for statutory or regulatory changes that would assist geothermal energy development on Federal land, including: (1) a five-year plan for encouraging such development; and (2) a list, developed in consultation with the Secretaries of Energy and of Defense, of lands under their jurisdictions, that would be suitable for development for geothermal energy, as well as recommended statutory and regulatory mechanisms for such development. Instructs the Secretary of the Interior and the Secretary of Agriculture to enter into and submit to Congress a memorandum of understanding regarding leasing (including a five-year leasing plan) and permitting for geothermal development of public lands under their respective jurisdictions. Amends the Geothermal Steam Act of 1970 to authorize the Secretary of the Interior to reimburse certain persons through royalty credits for reasonable amounts paid for preparation by the Secretary (or a Secretary-selected contractor or other person) of project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 with respect to the lease.

To encourage greater use of geothermal energy resources.

SECTION 1. FINDINGS. The Congress finds that-- (1) there is great disagreement concerning the causes of the problem of epidemic drug addiction in the United States and about the most effective way to reduce it; (2) one of the factors which most inhibits an effective response to the problem of epidemic drug addiction in the United States is the lack of accurate information concerning both the problem and the specific effectiveness of each individual element of the Nation's antidrug effort; (3) evaluating the effectiveness of the individual elements of the Federal program to reduce epidemic drug abuse requires accurately establishing cause and effect relationship concerning drug addiction; (4) the United States has promulgated a National Drug Strategy pursuant to the requirements of the 1988 Anti-Drug Abuse Act and will devote many billions of dollars to antidrug programs for many years to come; and (5) it is in the interests of the Nation that these funds be spent as effectively as possible and that a permanent mechanism exist to audit their expenditure. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) require a study of the effectiveness of federally funded antidrug programs; and (2) create a permanent auditing mechanism for federally funded antidrug programs. SEC. 3. STUDY OF ANTI-DRUG PROGRAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation of the effectiveness in reducing drug addiction of the various components of the Federal antidrug program, including-- (1) crop eradication; (2) crop substitution; (3) support for foreign law enforcement; (4) interdiction, including a separate analysis of the effectiveness of the military services in the interdiction effort; (5) education; (6) treatment; (7) support for local law enforcement; (8) criminal justice system reforms; and (9) research, including a separate analysis of effectiveness of pharmocological research and research into other types of medical treatments for drug addiction. (b) Methodology.--The study described in subsection (a) shall to the maximum extent possible-- (1) study control for the effects of broad societal changes unrelated to specific antidrug initiatives, such as changing demographic patterns; (2) separate the effects of such component of the Federal antidrug program from the effects of other antidrug initiatives; (3) consider the extent to which the expenditure of Federal funds on job training, education, and other health, education, and welfare programs contribute to reducing epidemic drug addiction; (4) study the cost-effectiveness of each component of the Federal antidrug program, as well as the programs described in paragraph (3); and (5) take into account the social and demographic factors which influence rates and forms of epidemic drug addiction and provide, where possible, information on the effectiveness of the various components of the Federal antidrug program on various demographic subgroups within the population. (c) Reporting.--In conducting the study described in subsection (a), the National Academy of Sciences shall provide to the Secretary and the Congress-- (1) not later than 6 months after the date of enactment of this Act a detailed written description of the manner in which the study will be conducted, including a specific set of goals for the study; (2) not later than 18 months after the date of enactment of this Act the preliminary results of the study; and (3) not later than 2 years after the date of enactment of this Act the final results of the study. (d) Update of Study.--The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to update the results of the study described in subsection (a) every 2 years following the initial report. (e) Assistance From Federal Agencies.--Agencies of the Federal Government shall provide to the National Academy of Sciences such information as it may reasonably request for the purpose of conducting the study described in subsection (a). SEC. 4. AUDIT BY THE GOVERNMENT ACCOUNTING OFFICE. (a) In General.--The Government Accounting Office shall provide to the Congress on an annual basis an audit report concerning the management and expenditures of the component parts of the Federal antidrug program. (b) Separate Components.--The report described in (a) shall contain a separate section on each of the component parts of the Federal antidrug program. (c) Access to Records.--In order to carry out the purposes of this section, the Comptroller General shall have such access to records, files, personnel, and facilities of the Federal agencies involved in the Federal antidrug program, including the military and intelligence services, as the Comptroller General considers necessary.

Directs the Secretary of Health and Human Services to enter into arrangements with the National Academy of Sciences to conduct a comprehensive investigation of the effectiveness in reducing drug addiction of the various components of the Federal anti-drug program, including: (1) crop eradication; (2) crop substitution; (3) support for local and foreign law enforcement; (4) interdiction; (5) education; (6) treatment; (7) criminal justice system reforms; and (8) research. Requires that such investigation: (1) study the effects of broad societal changes unrelated to specific anti-drug initiatives, such as changing demographic patterns; (2) separate the effects of each component of the Federal anti-drug program from the effects of other anti-drug initiatives; (3) consider the extent to which the expenditure of Federal funds on job training, education, and other health, education, and welfare programs contributes to reducing epidemic drug addiction; (4) examine the cost of each component of the Federal anti-drug program, as well as such other programs which reduce drug addiction; and (5) take into account social and demographic factors which influence rates and forms of epidemic drug addiction and provide information on the effectiveness of the various components of the Federal anti-drug program on various demographic subgroups within the population. Requires the General Accounting Office to provide to the Congress annual audit reports concerning the management and expenditures of the component parts of the Federal anti-drug program.

A bill to mandate a study of the effectiveness of a National Drug Strategy and to provide for an accounting of funds devoted to its implementation, and for other purposes.

SECTION 1. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) Short Title.--This Act may be cited as the ``Reservists Pay Security Act of 2005''. (b) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5538. Nonreduction in pay while serving in the uniformed services or National Guard ``(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee's civilian employment with the Government had not been interrupted by that service, exceeds (if at all) ``(2) the amount of pay and allowances which (as determined under subsection (d))-- ``(A) is payable to such employee for that service; and ``(B) is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted)-- ``(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ``(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee's civilian employment with the Government. ``(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38-- ``(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and ``(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by such employee's employing agency; ``(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee's civilian employment had not been interrupted. ``(d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section. ``(e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For purposes of this section-- ``(1) the terms `employee', `Federal Government', and `uniformed services' have the same respective meanings as given them in section 4303 of title 38; ``(2) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and ``(3) the term `basic pay' includes any amount payable under section 5304.''. (c) Clerical Amendment.--The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following: ``5538. Nonreduction in pay while serving in the uniformed services or National Guard.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act. (2) Conditional retroactive application.-- (A) In general.--The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after October 11, 2002 through the date of enactment of this Act, subject to the availability of appropriations. (B) Authorization of appropriations.--There are authorized to be appropriated $125,000,000 for purposes of subparagraph (A).

Reservists Pay Security Act of 2005 - Entitles Federal employees who are absent from their positions while on active duty in the uniformed services or the National Guard to receive the amount of their basic pay which, when taken together with their military pay and allowances, is no less than the amount of pay that they would have earned if there had been no interruption in their civilian employment. Expands the reemployment rights of Federal employees on active duty in the uniformed services. Makes this Act retroactive to pay periods beginning on October 11, 2002, subject to the availability of appropriated funds.

A bill to ensure that a Federal employee who takes leave without pay in order to perform service as a member of the uniformed services or member of the National Guard shall continue to receive pay in an amount which, when taken together with the pay and allowances such individual is receiving for such service, will be no less than the basic pay such individual would then be receiving if no interruption in employment had occurred.

SECTION 1. SHORT TITLE, REFERENCE. (a) Short Title.--This Act may be cited as the ``S Corporation Modernization Act of 2008''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS. (a) In General.--Paragraph (7) of section 1374(d) (relating to definitions and special rules) is amended as follows: ``(7) Recognition period.--The term `recognition period' means the 7-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the duration of the recognition period in effect on the date of such distribution.''. (b) Effective Date.--The amendment made by this section-- (1) shall apply for purposes of determining the recognition period with respect to 1st days referred to in section 1374(d)(7) of the Internal Revenue Code of 1986 occurring before, on, or after January 1, 2008, but (2) shall not apply for purposes of determining the tax imposed by section 1374 of such Code for taxable years ending before such date. SEC. 3. REPEAL OF EXCESSIVE PASSIVE INVESTMENT INCOME AS A TERMINATION EVENT. (a) In General.--Paragraph (3) of section 1362(d) (relating to termination) is amended by adding at the end the following new subparagraph: ``(D) Termination.--This paragraph shall not apply to taxable years beginning after December 31, 2007.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. MODIFICATIONS TO PASSIVE INCOME RULES. (a) Increased Limit.-- (1) In general.--Paragraph (2) of section 1375(a) (relating to tax imposed when passive investment income of corporation having accumulated earnings and profits exceeds 25 percent of gross receipts) is amended by striking ``25 percent'' and inserting ``60 percent''. (2) Conforming amendments.-- (A) Subparagraph (J) of section 26(b)(2) is amended by striking ``25 percent'' and inserting ``60 percent''. (B) Clause (i) of section 1375(b)(1)(A) is amended by striking ``25 percent'' and inserting ``60 percent''. (C) The heading for section 1375 is amended by striking ``25 percent'' and inserting ``60 percent''. (D) The table of sections for part III of subchapter S of chapter 1 is amended by striking ``25 percent'' in the item relating to section 1375 and inserting ``60 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL BUSINESS TRUST. (a) No Look Through for Eligibility Purposes.--Clause (v) of section 1361(c)(2)(B) (relating to treatment as shareholders) is amended by adding at the end the following new sentence: ``This clause shall not apply for purposes of subsection (b)(1)(C).''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2008. SEC. 6. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Clause (vi) of section 1361(c)(2)(A) (relating to certain trusts permitted as shareholders) is amended to read as follows: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.''. (b) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Paragraph (16) of section 4975(d) (relating to exemptions) is amended to read as follows: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if-- ``(A) such sale is pursuant to an election under section 1362(a) by the issuer of such stock, ``(B) such sale is for fair market value at the time of sale (as established by an independent appraiser) and the terms of the sale are otherwise at least as favorable to such trust as the terms that would apply on a sale to an unrelated party, ``(C) such trust does not pay any commissions, costs, or other expenses in connection with the sale, and ``(D) the stock is sold in a single transaction for cash not later than 120 days after the S corporation election is made.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 7. ALLOWANCE OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS FOR ELECTING SMALL BUSINESS TRUSTS. (a) In General.--Section 641(c)(2)(C) (relating to modifications) is amended by adding at the end the following new sentence: ``The deduction for charitable contributions allowed under clause (i) shall be determined without regard to section 642(c), and the limitations imposed by section 170(b)(1) on the amount of the deduction shall be applied to the electing small business trust as if it were an individual.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007.

S Corporation Modernization Act of 2008 - Amends the Internal Revenue Code to revise the tax treatment of S corporations by: (1) reducing from 10 to seven years the period during which S corporation built-in gains are subject to tax; (2) repealing mandatory termination of S corporation elections for excessive passive investment income; (3) allowing S corporations to increase passive investment income from 25 to 60% without incurring additional tax; (4) allowing nonresident aliens to be potential current beneficiaries of an electing small business trust (ESBT); (5) allowing individual retirement accounts (IRAs) to be S corporation shareholders; and (6) allowing ESBTs to claim expanded charitable tax deductions.

A bill to amend the Internal Revenue Code of 1986 to provide for S corporation reform, and for other purposes.

SECTION 1. PURPOSE. It is the purpose of this Act to increase global stability and security for the United States and the international community and decrease trafficking and discrimination by reducing the number of individuals who are de jure or de facto stateless and as a consequence are unable to avail themselves of their right to a nationality and its concomitant rights and obligations and are excluded from full participation in civil society. SEC. 2. FINDINGS. Congress finds the following: (1) Article 15 of the Universal Declaration of Human Rights offers everyone the right to a nationality. (2) The right to a nationality is a foundation of human rights, and a deterrent to displacement and disaffection. The state is the primary vehicle through which individuals are guaranteed their inalienable rights and are made subject to the rule of law. Regional stability and security are undermined when individuals cannot avail themselves of their right to a nationality and its concomitant rights and obligations and are excluded from full participation in civil society. (3) In the aftermath of World War II, millions of people were displaced and arbitrarily deprived of their nationalities and their protection of citizenship. In the 21st century, the adverse effects of de jure or de facto statelessness still impact at least an estimated 11,000,000 million people worldwide and require a strong commitment by the international community to address this serious issue. (4) The lack of citizenship or the inability to document one's ties to a state often results in severe hardships and discrimination, particularly the inability to pursue lawful employment and a sustainable livelihood, own property, or enjoy legally protected family bonds and increases the likelihood that such persons may fall victim to traffickers and organized criminal groups who prey on the vulnerability of unprotected de jure or de facto stateless persons. The Department of State's Trafficking in Persons Report for 2008 noted that stateless victims of trafficking face difficulties in repatriating and in accessing critical medical, social, or legal services and called on the international community to give greater attention to birth registration and the provision of more effective and accessible avenues for the acquisition of legal residency or citizenship. (5) Regional security is enhanced when States effectively respect the right of nationality, as this right ensures the availability of peaceful means of recourse to address grievances and claims, including through national, regional, or international court systems. (6) Countries have the sovereign right to determine procedures and conditions for acquisition and termination of citizenship, and exercise of this right should be linked to the responsibility of preventing de jure and de facto statelessness and the respect for other universal principles of human rights, in particular the universal antidiscrimination norm. (7) The 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness were adopted to regulate the legal status and treatment of individuals who are de jure or de facto stateless and to prevent de jure and de facto statelessness. (8) At least an estimated 11,000,000 individuals worldwide currently are unable to avail themselves of any effective nationality or cannot fully access their rights as citizens and obtain protection from a country. (9) De jure or de facto statelessness can result from factors including political change, targeted persecution or discrimination, transfers of territory, adoption of restrictive laws relating to marriage, place or registration of birth, or incongruous national citizenship laws. (10) Individuals who are de jure or de facto stateless are unable to avail themselves of the rights of free people everywhere to an effective nationality, to the rights to legal residence, to travel, to work in the formal economy or professions, to attend school, to access basic health services, to purchase or own property, to vote, or to hold elected office, and to enjoy the protection and security of a country. (11) Article 24 of the International Covenant on Civil and Political Rights provides that every child shall be registered at birth and that every child has the right to acquire a nationality. (12) UNICEF leads the efforts with governments, particularly in the developing world, to promote universal, accessible registration and documentation of all births but is hard pressed to find the needed human and financial resources necessary to encourage widespread implementation of needed reforms. (13) Article 9(2) of the Convention on the Elimination of Discrimination Against Women grants women equal rights with men with respect to transmitting the nationality of their children. (14) The Office of the United Nations High Commissioner for Refugees (UNHCR) has been given the mandate by the international community to work to prevent de jure and de facto statelessness and to identify, protect, and find remedies for individuals now considered de jure or de facto stateless. (15) The UNHCR lacks sufficient resources to undertake this important work in a systematic and comprehensive manner to identify, protect, and find timely solutions for the millions of individuals who are de jure or de facto stateless. SEC. 3. THE UNITED NATIONS. (a) Policy.--It shall be the policy of the United States that the President and the Permanent Representative of the United States to the United Nations work with the international community to increase political and financial support for the work of the UNHCR to prevent and resolve problems related to de jure and de facto statelessness, and to promote the rights of the de jure or de facto stateless, by taking these and other actions: (1) Increasing the attention of the United Nations and the UNHCR to de jure and de facto statelessness and increasing its capacity to reduce statelessness around the world by coordinating the mainstreaming of de jure and de facto statelessness into all of the United Nations human rights work, in cooperation with all relevant United Nations agencies. (2) Urging United Nations country teams in countries with significant de jure or de facto stateless populations to devote increasing attention and resources to undertake coordinated efforts by all United Nations offices, funds, and programs to bring about the full registration and documentation of all persons resident in the territory of each country, either as citizens or as individuals in need of international protection. (3) Urging the creation of an Inter-Agency Task Force on Statelessness with representation from UNHCR, UNICEF and other relevant United Nations agencies that will coordinate to increase agency awareness and information exchange on de jure and de facto statelessness to ensure a consistent and comprehensive approach to the identification of stateless groups and individuals and resolution of their status. (4) Urging that nationality and de jure and de facto statelessness issues are addressed in all country reviews conducted by United Nations treaty bodies and relevant special mechanisms engaged in country visits, and pursuing creation of a standing mechanism within the United Nations to complement the work of UNHCR in addressing issues of de jure and de facto statelessness that give rise to urgent human rights or security concerns. (5) Urging the UNHCHR to include nationality and statelessness in all country-specific and thematic monitoring, reporting, training, and protection activities, and across special procedures, and to designate at least one human rights officer to monitor, report, and coordinate the office's advocacy on nationality and de jure and de facto statelessness. (6) Urging the United Nations to ensure that its work on trafficking includes measures to restore secure citizenship to trafficked women and girls, and to work with Member States to guarantee that national legislation gives women full and equal rights regarding citizenship. (7) Urging the United Nations to increase its capacity to respond to the needs of de jure or de facto stateless individuals, particularly children, and to strengthen and expand the United Nations protection and assistance activities, particularly in field operations, to better respond to the wide range of protection and assistance needs of de jure or de facto stateless individuals. (8) Urging the UNICEF to increase its efforts to encourage all Member States of the United Nations to permit full and easy access to birth registration for all children born in their territories, particularly in Member States in which there are displaced populations, and work with the UNHCR and Member States to ensure the issuance of birth certificates to all children born to refugees and displaced persons. (b) Authorization of Appropriations.--In addition to regular United States contributions to the UNHCR, there is authorized to be appropriated not less than $5,000,000 for fiscal year 2009 and each subsequent fiscal year to be made available to improve the UNHCR's assistance to de jure or de facto stateless individuals. Such funds may be used to-- (1) protect the rights, meet emergency humanitarian needs, and provide assistance to de jure or de facto stateless groups and individuals; (2) provide additional resources to-- (A) increase the number of protection officers; (B) increase the number of professional staff in the statelessness unit; and (C) train protection officers and United Nations country teams in the field to identify, reduce, protect, and prevent de jure and de facto statelessness; (3) improve identification of de jure or de facto stateless groups and individuals by carrying out a comprehensive annual study of the scope of de jure and de facto statelessness worldwide, including causes of de jure and de facto statelessness and dissemination of best practices for remedying de jure and de facto statelessness; and (4) increase the United Nations educational and technical assistance programs to prevent de jure and de facto statelessness, including outreach to Member States and their legislatures, with particular emphasis on those countries determined to have protracted de jure or de facto statelessness situations. (c) Authorization of Appropriations to the UNICEF.--In addition to regular United States contributions to the UNICEF, there is authorized to be appropriated $3,000,000 for fiscal year 2009 and each subsequent fiscal year be made available to augment to the UNICEF's ability to aid countries with significant de jure or de facto stateless populations to bring about the full registration of all children born to de jure or de facto stateless parents. SEC. 4. THE UNITED STATES. (a) Foreign Policy.--Given the importance of obtaining and preserving nationality and the protection of a government, and of preventing the exploitation or trafficking of de jure or de facto stateless groups or individuals, the President shall make the prevention and reduction of de jure or de facto statelessness an important goal of United States foreign policy and human rights efforts. Such efforts shall include-- (1) calling upon host countries to protect and assume responsibility for de jure or de facto stateless groups or individuals; (2) working with countries of origin to facilitate the resolution of problems faced by de jure or de facto stateless groups or individuals; (3) working with countries of origin and host countries to facilitate the resolution of disputes and conflicts that cause or result in the creation of de jure or de facto statelessness; (4) encouraging host countries to afford de jure or de facto stateless groups or individuals the full protection of the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and all relevant international conventions; (5) directing the Secretary of State to provide assistance to countries to prevent and resolve situations of de jure or de facto statelessness and to prevent the trafficking or exploitation of de jure or de facto stateless individuals; (6) directing the Office of Trafficking in Persons of the Department of State to continue to document and analyze the effects of statelessness on trafficking in persons, both as a cause of trafficking and as an obstacle to reaching and assisting trafficked persons; and (7) encouraging and facilitating the work of nongovernmental organizations in the United States and abroad that provide legal and humanitarian support to de jure or de facto stateless groups or individuals, to increase the access of de jure or de facto stateless groups or individuals to such organizations, and to encourage other governments to provide similar support and access. (b) Domestic Policy.-- (1) In general.--Given the importance of preventing new instances of de jure or de facto statelessness and the trafficking of de jure or de facto stateless individuals, and of protecting the human rights of de jure or de facto stateless individuals, the President shall submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report that includes the following: (A) A detailed explanation of what changes, if any, to United States law would have to occur should the United States wish to comply with the terms of the 1954 Convention Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. (B) Information on de jure or de facto stateless individuals in the United States, or under the jurisdiction of the United States, and their conditions. Such information should, with respect to such individuals, include information relating to their places of birth, causes of de jure or de facto statelessness, nationalities at birth, descriptions of family conditions, and descriptions of available assistance. (C) Descriptions of Federal policies and programs relating to de jure or de facto stateless individuals in the United States or under United States jurisdiction, including recognition of status, documentation requirements, assistance, and detention. (D) A list of countries and territories with significant de jure or de facto stateless populations under their jurisdictions and the conditions and consequences of such de jure or de facto statelessness of such individuals. (E) United States international efforts to prevent further de jure or de facto statelessness and encourage the granting of full legal protection of the human rights of de jure or de facto stateless individuals. (2) Statement of policy.--It shall be the policy of the United States to comply with the principles and provisions of the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness to the fullest extent possible and to encourage other countries to do so as well. (3) Actions by secretary of state.-- (A) Increase in resources and staff.--The Secretary of State shall permanently increase in the Bureau of Population, Refugees, and Migration in the Department of State the resources dedicated to and staff assigned to work toward the prevention and resolution of de jure and de facto statelessness and the protection of de jure or de facto stateless individuals. (B) Coordination.--To coordinate United States policies toward combating de jure and de facto statelessness, the Secretary of State shall establish an Interagency Working Group to Combat Statelessness. This working group should include representatives of the Bureau of Population, Refugees and Migration, the Bureau of International Organizations, the Bureau of Democracy, Human Rights and Labor, the Office of Trafficking in Persons of the Department of State, and the United States Agency for International Development, as well as representatives from relevant offices of the Department of Justice and relevant offices of the Department of Homeland Security. (4) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.

States that: (1) it shall be U.S. policy that the President and the Permanent Representative of the United States to the United Nations work with the international community to increase political and financial support for the Office of the United Nations High Commissioner for Refugees (UNHCR) to prevent and resolve problems related to de jure and de facto statelessness and to promote the rights of de jure or de facto stateless persons; (2) the President shall make prevention and reduction of de jure or de facto statelessness an important goal of U.S. foreign policy and human rights efforts; and (3) it shall be U.S. policy to comply with the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Directs the Secretary of State to increase staff and resources in the Bureau of Population, Refugees, and Migration to work toward the prevention and resolution of de jure and de facto statelessness and the protection of de jure or de facto stateless persons.

To increase global stability and security for the United States and the international community by reducing the number of individuals who are de jure or de facto stateless and at risk of being trafficked.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mike Mansfield Fellowship Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) because Senator Mike Mansfield served his country with distinction and has had a lasting impact on America's relationship with Japan during his tenure in the Senate and later as the United States Ambassador to Japan, it is a fitting tribute to establish in his name the following Fellowship for promising officials of the Federal Government; (2) Japan is America's second largest trading partner, the second biggest investor in the United States, and America's most serious economic competitor; (3) despite the challenge and importance of Japan to the United States, few Americans speak Japanese or understand how the country and its government work; and (4) key agencies of the United States Government involved in United States-Japan relations often lack sufficient personnel versed in the functioning of the Japanese policymaking apparatus. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enable the United States Government to respond more effectively to the Japanese challenge; and (2) to provide officials from any branch of the United States Government with intensive Japanese language training and placement as a Fellow in the Government of Japan. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``agency of the United States Government'' includes any agency of the legislative branch and any court of the judicial branch as well as any agency of the executive branch; (2) the term ``agency head'' means-- (A) in the case of the executive branch of Government or an agency of the legislative branch other than the House of Representatives or the Senate, the head of the respective agency; (B) in the case of the judicial branch of Government, the chief judge of the respective court; (C) in the case of the Senate, the President pro tempore, in consultation with the Majority Leader and Minority Leader of the Senate; and (D) in the case of the House of Representatives, the Speaker of the House, in consultation with the Majority Leader and Minority Leader of the House; (3) the term ``Board'' means the Mike Mansfield Fellowship Review Board; and (4) the term ``Center'' means the Mansfield Center for Pacific Affairs. SEC. 5. ESTABLISHMENT OF FELLOWSHIP PROGRAM. (a) Establishment.--(1) There is hereby established the ``Mike Mansfield Fellowship Program'' pursuant to which the Director of the United States Information Agency will make grants to the Mansfield Center for Pacific Affairs to award fellowships to eligible United States citizens for periods of 2 years each (or, pursuant to section 7(5)(C), for such shorter period of time as the Center may determine based on a Fellow's level of proficiency in the Japanese language or knowledge of the political economy of Japan) as follows: (A) During the first year each fellowship recipient will study the Japanese language as well as Japan's political economy. (B) During the second year each fellowship recipient will serve as a Fellow in a parliamentary office, ministry, or other agency of the Government of Japan or, subject to the approval of the Center, a nongovernmental Japanese institution associated with the interests of the fellowship recipient, consistent with the purposes of this Act. (2) Fellowships under this Act may be known as ``Mansfield Fellowships'', and individuals awarded such fellowships may be known as ``Mansfield Fellows''. (b) Eligibility of Center for Grants.--Grants may be made to the Center under this section only if the Center agrees to comply with the requirements of section 7. (c) International Agreement.--As the program established under this section can succeed only with the full and willing cooperation of the Government of Japan, the Director of the United States Information Agency should enter into negotiations for an agreement with the Government of Japan for the purpose of placing Fellows in the Government of Japan. (d) Use of Federal Facilities.--The Foreign Service Institute is authorized and encouraged to assist, on a reimbursable basis, in carrying out Japanese language training by the Center through the provision of classroom space, teaching materials, and facilities, to the extent that such provision is not detrimental to the Institute's carrying out its other responsibilities under law. SEC. 6. FUNDING. (a) Private Sources.--The Center is authorized to accept, use, and dispose of gifts or donations of services or property in carrying out the fellowship program, subject to the review and approval of the Board described in section 9. (b) Authorization of Appropriations.--There are authorized to be appropriated to the United States Information Agency-- (1) for fiscal year 1994, $1,213,000, (2) for fiscal year 1995, $2,289,000, (3) for fiscal year 1996, $2,403,000, and (4) for fiscal year 1997, $1,553,000, to fund three two-year classes of Fellows to carry out this Act. SEC. 7. PROGRAM REQUIREMENTS. The program established under this Act shall comply with the following requirements: (1) United States citizens who are eligible for fellowships under this Act shall be employees of the Federal Government having at least two years experience in any branch of the Government, a strong career interest in United States-Japan relations, and a demonstrated commitment to further service in the Federal Government. (2) Not less than 10 fellowships shall be awarded each year. (3) Mansfield Fellows shall agree-- (A) to maintain satisfactory progress in language training and appropriate behavior in Japan, as determined by the Center, as a condition of continued receipt of Federal funds; and (B) to return to the Federal Government for further employment for a period of at least 2 years following the end of their fellowships, unless, in the determination of the Center, the Fellow is unable (for reasons beyond the Fellow's control and after receiving assistance from the Center as provided in paragraph (8)) to find reemployment for such period. (4) During the period of the fellowship, the Center shall provide each Mansfield Fellow-- (A) a stipend at a rate of pay equal to the rate of pay that individual was receiving when he or she entered the program, plus a cost-of-living adjustment calculated at the same rate of pay, and for the same period of time, for which such adjustments were made to the salaries of individuals occupying competitive positions in the civil service during the same period as the fellowship; and (B) certain allowances and benefits as that individual would have been entitled to, but for his or her separation from Government service, as a United States Government civilian employee overseas under the Standardized Regulations (Government Civilians, Foreign Areas) of the Department of State, as follows: a living quarters allowance to cover the cost of housing in Japan, a post allowance to cover the significantly higher costs of living in Japan, a temporary quarters subsistence allowance for up to 7 days for Fellows unable to find housing immediately upon arrival in Japan, an education allowance to assist parents in providing their children with educational services ordinarily provided without charge by United States public schools, moving expenses of up to $3,000 for personal belongings of Fellows and their families in their move to Japan and up to $500 for Fellows residing outside the Washington, D.C. area in moving to the Washington, D.C. area, and one-round-trip economy-class airline ticket to Japan for each Fellow and the Fellow's immediate family. (5)(A) For the first year of each fellowship, the Center shall provide Fellows with intensive Japanese language training in the Washington, D.C., area, as well as courses in the political economy of Japan. (B) Such training shall be of the same quality as training provided to Foreign Service officers before they are assigned to Japan. (C) The Center may waive any or all of the training required by subparagraph (A) to the extent that a Fellow has Japanese language skills or knowledge of Japan's political economy, and the 2 year fellowship period shall be shortened to the extent such training is less than one year. (6) Any Mansfield Fellow not complying with the requirements of this section shall reimburse the United States Information Agency for the Federal funds expended for the Fellow's participation in the fellowship, together with interest on such funds (calculated at the prevailing rate), as follows: (A) Full reimbursement for noncompliance with paragraph (3)(A) or (9); and (B) pro rata reimbursement for noncompliance with paragraph (3)(B) for any period the Fellow is reemployed by the Federal Government that is less than the period specified in paragraph (3)(B), at a rate equal to the amount the Fellow received during the final year of the fellowship for the same period of time, including any allowances and benefits provided under paragraph (4). (7) The Center shall select Mansfield Fellows based solely on merit. The Center shall make positive efforts to recruit candidates reflecting the cultural, racial, and ethnic diversity of the United States. (8) The Center shall assist any Mansfield Fellow in finding employment in the Federal Government if such Fellow was not able, at the end of the fellowship, to be reemployed in the agency from which he or she separated to become a Fellow. (9) No Mansfield Fellow may engage in any intelligence or intelligence-related activity on behalf of the United States Government. (10) The accounts of the Center shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the Center are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Center and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (11) The Center shall provide a report of the audit to the Board no later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the Center's assets and liabilities, surplus or deficit, with reasonable detail, including a statement of the Center's income and expenses during the year, including a schedule of all contracts and grants requiring payments in excess of $5,000 and any payments of compensation, salaries, or fees at a rate in excess of $5,000 per year. The report shall be produced in sufficient copies for the public. SEC. 8. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS. (a) Separation.--Under such terms and conditions as the agency head may direct, any agency of the United States Government may separate from Government service for a specified period any officer or employee of that agency who accepts a fellowship under the program established by this Act. (b) Reemployment.--Any Mansfield Fellow, at the end of the fellowship, is entitled to be reemployed in the same manner as if covered by section 3582 of title 5, United States Code. (c) Rights and Benefits.--Notwithstanding section 8347(o), 8713, or 8914 of title 5, United States Code, and in accordance with regulations of the Office of Personnel Management, an employee, while serving as a Mansfield Fellow, is entitled to the same rights and benefits as if covered by section 3582 of title 5, United States Code. The Center shall reimburse the employing agency for any costs incurred under section 3582 of title 5, United States Code. (d) Compliance With Budget Act.--Funds are available under this section to the extent and in the amounts provided in appropriation Acts. SEC. 9. MANSFIELD FELLOWSHIP REVIEW BOARD. (a) Establishment.--There is hereby established the Mansfield Fellowship Review Board. (b) Composition.--The Board shall be composed of 11 individuals, as follows: (1) The Secretary of State, or the Secretary's designee. (2) The Secretary of Defense, or the Secretary's designee. (3) The Secretary of the Treasury, or the Secretary's designee. (4) The Secretary of Commerce, or the Secretary's designee. (5) The United States Trade Representative, or the Trade Representative's designee. (6) The Chief Justice of the United States, or the Chief Justice's designee. (7) The Majority Leader of the Senate, or the Majority Leader's designee. (8) The Minority Leader of the Senate, or the Minority Leader's designee. (9) The Speaker of the House of Representatives, or the Speaker's designee. (10) The Minority Leader of the House of Representatives, or the Minority Leader's designee. (11) The Director of the United States Information Agency, who shall serve as the chairperson of the Board, or the Director's designee. (c) Functions.--(1) The Board shall review the administration of the program assisted under this Act. (2)(A) Each year at the time of the submission of the President's budget request to the Congress, the Board shall submit to the President and the Congress a report completed by the Center with the approval of the Board on the conduct of the program during the preceding year. (B) Each such report shall contain-- (i) an analysis of the assistance provided under the program for the previous fiscal year and the nature of the assistance provided; (ii) an analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, including the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program; and (iii) an analysis of the results of the program for the previous fiscal year, including, at a minimum, the cumulative percentage of individuals who received assistance under the program who subsequently became employees of the United States Government and, in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance given to those recipients. (d) Compensation.--Members of the Board shall not be paid compensation for services performed on the Board. (e) Availability of Support Staff.--The Director of the United States Information Agency is authorized to provide for necessary secretarial and staff assistance for the Board. (f) Relationship to Federal Advisory Committee Act.--The Federal Advisory Committee Act shall not apply to the Board to the extent that the provisions of this section are inconsistent therewith.

Mike Mansfield Fellowship Act - Establishes the Mike Mansfield Fellowship Program. Requires the Director of the U.S. Information Agency (USIA) to make grants to the Mansfield Center for Pacific Affairs to award two-year fellowships to eligible Federal employees. Requires Mansfield Fellows to: (1) study the Japanese language and political economy; and (2) serve in an agency of the Government of Japan, or, subject to Center approval, a nongovernmental Japanese institution associated with the interests. Requires the Center to comply with specified program requirements in order to be eligible for such grants. Authorizes the Director to enter into an arrangement with the Government of Japan to place Fellows. Authorizes the Foreign Service Institute to assist in carrying out Japanese language training by the Center. Authorizes appropriations. Requires that the Federal employees eligible for such fellowships have: (1) at least two years' experience in any branch of the U.S. Government; and (2) a strong career interest in U.S.-Japan relations and a commitment to further Federal service. Requires at least ten fellowships to be awarded annually. Prohibits Mansfield Fellows from engaging in any intelligence-related activity on behalf of the U.S. Government. Allows Federal agencies to separate Fellows from service for a specified period but provides for reemployment rights and the continuation of certain employee benefits. Establishes the Mansfield Fellowship Review Board.

Mike Mansfield Fellowship Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmentally Responsible Windpower Act of 2005''. SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS. (a) Local Control.--Prior to the Federal Energy Regulatory Commission issuing to any onshore and above-water wind turbine project its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule, the wind project shall file with the Federal Energy Regulatory Commission its Local Approval Authorization. (b) Local Approval Authorization.-- (1) In this section, the term ``Local Authorities'' means the governing body, and the senior executive of the body, at the lowest level of government that possesses authority under State law to carry out this Act. (2) Local Approval Authorization is a resolution from the local governing body and local senior executive (collectively, the ``Local Authorities'') approving or denying the siting of such wind project. (3) Such resolution approving or denying the project shall be produced by the Local Authorities within 120 days of the filing of the Market-Based Rate application or Federal Energy Regulatory Commission Form number 556 (or a successor form) at the Federal Energy Regulatory Commission. (4) If such resolution is not issued by the local authorities within 120 days of the filing of the Market-Based Rate application or Federal Energy Regulatory Commission Form number 556 (or a successor form) at the Federal Energy Regulatory Commission, then such project is deemed to have obtained its Local Approval Authorization. (5) Applicant shall notify in writing the local authorities on the day of the filing of such Market-Based Rate application or Federal Energy Regulatory Commission Form number 556 (or a successor form) at the Federal Energy Regulatory Commission. Evidence of such notification shall be submitted to the Federal Energy Regulatory Commission. (6) The Federal Energy Regulatory Commission shall notify in writing the local authorities within 10 days of the filing of such Market-Based Rate application or Federal Energy Regulatory Commission Form number 556 (or a successor form) at the Federal Energy Regulatory Commission. (7) If the Local Authorities deny the siting of a wind project, the Federal Energy Regulatory Commission shall not issue to the project Market-Based Rate Authority, Exempt Wholesaler Generator Status, or Qualified Facility rate schedule. (c) Determination of Neighboring States.-- (1) In this subsection, the term ``viewshed'' means the area located within 20 miles of the boundary of a State. (2) If an offshore, above-water windmill project under this section is located within the viewshed of an adjacent State, the adjacent State may determine that the project is inconsistent with the development plan of the State under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (3) If a State makes a determination under paragraph (2), the affected windmill project shall terminate. (d) Highly Scenic Area and Federal Land.-- (1) A Highly Scenic Area is-- (A) an offshore area; (B) any area listed as an official United Nations Educational, Scientific, and Cultural Organization World Heritage Site, as supported by the Department of the Interior, the National Park Service, and the International Council on Monuments and Sites; (C) any area nominated by the Department of the Interior and the Federal Interagency Panel for World Heritage to become an official United Nations Educational, Scientific, and Cultural Organization World Heritage Site; or (D) any Armed Forces base located in the United States. (2) A Qualified Wind Project is any above-water wind- turbine project located in a Highly Scenic Area or within 20 miles of the boundaries of an area described in subparagraph (B), (C), or (D) of paragraph (1). (3) Prior to the Federal Energy Regulatory Commission issuing to a Qualified Wind Project its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule, an environmental impact statement shall be conducted and completed by the lead agency in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If no lead agency is designated, the lead agency shall be the Department of the Interior. (4) The environmental impact statement determination shall be issued within 12 months of the date of application. (5) Such environmental impact statement review shall include a cumulative impacts analysis addressing visual impacts and avian mortality analysis of a Qualified Wind Project. (6) A Qualified Wind Project shall not be eligible for any Federal tax credit. (e) Effective Date.-- (1) This section shall expire 7 years after the date of enactment of this Act. (2) Nothing in this section shall prevent or discourage environmental review of any wind projects or any Qualified Wind Project on a State or local level.

Environmentally Responsible Windpower Act of 2005 - States that an onshore and above-water wind turbine project must file with the Federal Energy Regulatory Commission (FERC) its Local Approval Authorization (a resolution of approval or denial from the local governing body and local senior executive) prior to FERC issuance of its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule. Prohibits FERC from issuing any of them to a wind project if the local authorities deny the siting of the project.

A bill to provide for local control for the siting of windmills.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Jackie Roosevelt Robinson was born on January 31, 1919, in Cairo, Georgia, and was the youngest of 5 children. (2) Jackie Robinson attended the University of California Los Angeles where he starred in football, basketball, baseball, and track. His remarkable skills earned him a reputation as the best athlete in America. (3) In 1947, Jackie Robinson was signed by the Brooklyn Dodgers and became the first black player to play in Major League Baseball. His signing is considered one of the most significant moments in the history of professional sports in America. For his remarkable performance on the field in his first season, he won the National League's Rookie of the Year Award. (4) In 1949, Jackie Robinson was voted the National League's Most Valuable Player by the Baseball Writers Association of America. (5) In 1962, Jackie Robinson was elected to the Baseball Hall of Fame. (6) Although the achievements of Jackie Robinson began with athletics, they widened to have a profound influence on civil and human rights in America. (7) The signing of Jackie Robinson as the first black player in Major League Baseball occurred before the United States military was desegregated by President Harry Truman, before the civil rights marches took place in the South, and before the Supreme Court issued its historic ruling in Brown v. Board of Education, 347 U.S. 483 (1954). (8) The American public came to regard Jackie Robinson as a person of exceptional fortitude, integrity, and athletic ability so rapidly that, by the end of 1947, he finished ahead of President Harry Truman, General Dwight Eisenhower, General Douglas MacArthur, and Bob Hope in a national poll for the most popular person in America, finishing only behind Bing Crosby. (9) Jackie Robinson was named vice president of Chock Full O' Nuts in 1957 and later co-founded the Freedom National Bank of Harlem. (10) Leading by example, Jackie Robinson influenced many of the greatest political leaders in America. (11) Jackie Robinson worked tirelessly with a number of religious and civic organizations to better the lives of all Americans. (12) The life and principles of Jackie Robinson are the basis of the Jackie Robinson Foundation, which keeps his memory alive by providing children of low-income families with leadership and educational opportunities. (13) The legacy and personal achievements of Jackie Robinson, as an athlete, a business leader, and a citizen, have had a lasting and positive influence on the advancement of civil rights in the United States. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of Congress, to the family of Jackie Robinson, a gold medal of appropriate design in recognition of the many contributions of Jackie Robinson to the Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there should be designated a national day for the purpose of recognizing the accomplishments of Jackie Robinson; and (2) the President should issue a proclamation calling on the people of the United States to observe the day with appropriate ceremonies and activities. Passed the Senate October 17, 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 300 _______________________________________________________________________ AN ACT To award a congressional gold medal to Jackie Robinson (posthumously), in recognition of his many contributions to the Nation, and to express the sense of Congress that there should be a national day in recognition of Jacki

Authorizes: (1) the President to present a gold medal, on behalf of Congress, to the family of Jackie Robinson in recognition of his contributions to the Nation; and (2) the Secretary of the Treasury to strike such medal and to strike and sell bronze duplicates. Authorizes charging an amount to pay the cost of the gold medal against the United States Mint Public Enterprise Fund. Calls for designation of a national day recognizing Robinson's accomplishments.

A bill to award a congressional gold medal to Jackie Robinson (posthumously), in recognition of his many contributions to the Nation, and to express the sense of Congress that there should be a national day in recognition of Jackie Robinson.

SECTION 1. BLOCK GRANT OPTIONS. (a) State Options.--Notwithstanding any other provision of law, each State shall notify the Secretary regarding the State's election to receive the State's portion of the applicable funding described in subsection (b) according to one of the following options: (1) State block grant option.--The State may receive the funding pursuant to a State allotment described in section 2(a)(1). (2) Local block grant option.--The State may direct the Secretary to send the funding directly to local educational agencies in the State pursuant to a local allotment described in section 2(a)(2). (3) Federal statute option.--The State may receive the funding according to the provisions of law described in subsection (b). (b) Applicable Funding.--In this section, the term ``applicable funding'' means all funds that are appropriated for the Department of Education for fiscal year 2000 or any succeeding fiscal year to carry out programs or activities under the following provisions of law: (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.), other than titles I and X of such Act (20 U.S.C. 5811 et seq. and 6061 et seq.). (2) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), other than titles VIII, IX, and XIV of such Act (20 U.S.C. 7701 et seq., 7801 et seq., and 8801 et seq.). (3) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (4) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.). SEC. 2. BLOCK GRANTS. (a) Allotments.-- (1) States.--From the total applicable funding available for a fiscal year, the Secretary may make allotments to each State selecting the option described in section 1(a)(1) in an amount that bears the same relation to such total applicable funding as the number of individuals in the State who are aged 5 through 17 bears to the total number of such individuals in all States. (2) Local educational agencies.--From the total applicable funding available for a fiscal year, the Secretary may make allotments to each local educational agency in a State selecting the option described in section 1(a)(2) in an amount that bears the same relation to such total applicable funding as the number of individuals in the school district served by the local educational agency who are aged 5 through 17 bears to the total number of such individuals in all school districts served by all local educational agencies in all States. (3) Enrollment determination.--The Secretary shall determine the number of children described in paragraphs (1) and (2)-- (A) for the academic year for which the determination is made, after the beginning of the academic year; and (B) on the basis of the most recent data available to the Secretary. (b) Distribution of Allotted Funds.-- (1) Reservations.-- (A) States.--Each State that receives funds allotted under subsection (a) may reserve not more than 1 percent of the funds for the cost of administration, evaluation, reporting, and other activities related to activities assisted under this Act. (B) Local educational agencies.--Each local educational agency that receives funds allotted under subsection (a) may reserve not more than 2 percent of the funds for the costs of administration, overhead costs, or indirect costs. (2) Awards.--In States selecting the State block grant option described in section 1(a)(1), all funds allotted under subsection (a)(1) that are not reserved under paragraph (1)(A) shall be made available, in accordance with paragraph (3), on behalf of each student who resides in the State and is enrolled in a public elementary school or secondary school, or in a private or home elementary school or secondary school, located in the State. In States selecting the local block grant option described in section 1(a)(2), all funds allotted under subsection (a)(2) that are not reserved under paragraph (1)(B) shall be made available, in accordance with paragraph (3), on behalf of each student who resides in the school district served by a local educational agency and is enrolled in a public elementary school or secondary school, or in a private or home elementary school or secondary school, in the school district. In States selecting the State block grant option or the local block grant option, the amount allotted on behalf of each student shall be adjusted in accordance with paragraph (5). (3) Recipients.--Funds awarded under paragraph (2)-- (A) in the case of a public school student, including a charter school student, shall be made available to the public school or charter school, respectively; and (B) in the case of a private school or home school student, shall be made available to the parent or legal guardian of the student. (4) Uses.-- (A) Public school students.--Each public school that receives assistance under this Act shall use the assistance for any qualified elementary and secondary education expenses. (B) Private school students.--Each parent or guardian of a private school student that receives assistance under this Act shall use the assistance to pay the costs of attendance at the private school. (C) Home school students.--Each parent or guardian of a home school student that receives assistance under this Act shall use the assistance for any qualified elementary and secondary education expenses. (5) Adjustments.--A State or local educational agency shall adjust the amount awarded for students under paragraph (2) to account for-- (A) high need students, such as students from poor families; or (B) different costs of living in urban and rural areas. SEC. 3. FEDERAL STATUTE OPTION. (a) In General.--From the applicable funding that remains after making the allotments under paragraphs (1) and (2) of section 2(a) for a fiscal year, the Secretary may make awards according to the provisions of law described in section 1(b), to State and local recipients, in States selecting the option described in section 1(a)(3). (b) Percentage Reductions.--The Secretary, after making the allotments under paragraphs (1) and (2) of section 2(a) for a fiscal year, shall reduce the total amount of applicable funding available to carry out the provisions of law described in section 1(b) for the fiscal year, for any State selecting the option described in section 2(a)(3), by an equal percentage for each such provision. SEC. 4. ACCOUNTABILITY. (a) In General.--Each entity receiving assistance under this Act shall-- (1) use the funds to supplement and not supplant State and local funds; and (2) involve parents and members of the public in planning for the use of funds provided under this Act, such as through a representative advisory committee. (b) Reports.-- (1) In general.--Each local educational agency receiving an allotment under this Act shall prepare and submit to the State, and each State receiving an allotment under this Act shall prepare and submit to Congress, a report regarding the distribution and use of the allotted funds, and how the use of the funds effects student achievement. (2) Availability.--Each State and local educational agency submitting a report under paragraph (1) shall make copies of the report available to parents and other members of the public. (3) Special rule.--Each State or local educational agency receiving an allotment under this Act that has developed or established challenging content or student performance standards shall include in the report submitted under paragraph (1) information regarding student achievement with respect to the standards. SEC. 5. DEFINITIONS. In this title: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Qualified elementary and secondary education expenses.-- (A) In general.--The term ``qualified elementary and secondary education expenses'' means-- (i) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of a student at a school; or (ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a school in connection with such enrollment or attendance. (B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A)(i) in connection with education provided by homeschooling if the requirements of any applicable State or local law are met with respect to such education. (2) School.--The term ``school'' means any school that provides kindergarten education, elementary education or secondary education, as determined under State law. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

Directs each State to notify the Secretary of Education regarding its election to receive its portion of certain education funding according to: (1) a State block grant option, through a State allotment based on State population of individuals aged five through 17; (2) a local block grant option, with the Secretary sending the funding directly to local educational agencies (LEAs) in the State through a local allotment based on school district population of individuals aged five through 17; or (3) a Federal statute option, based on a certain State and local allotment process and formula. Applies such block grant options to all funds appropriated for the Department of Education for FY 2000 or any succeeding fiscal year to carry out programs or activities under: (1) the Goals 2000: Educate America Act (other than titles I and X); (2) the Elementary and Secondary Education Act of 1965 (other than titles VIII, IX, and XIV); (3) the School-to-Work Opportunities Act of 1994; and (4) the Carl D. Perkins Vocational and Applied Technology Education Act. Allows States and LEAs to reserve certain portions of their allotments for specified administrative and other activities.

To provide block grant options for certain education funding.

SECTION 1. USE OF REPLACEMENT COST IN DETERMINING PREMIUM RATES. (a) Study of Risk Rating Redesign Flood Insurance Premium Rating Options.-- (1) Study.--The Administrator of the Federal Emergency Management Agency shall conduct a study to-- (A) evaluate insurance industry best practices for risk rating and classification, including practices related to replacement cost value in premium rate estimations; (B) assess options, methods, and strategies for including replacement cost value in the Administrator's estimates under section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)); (C) provide recommendations for including replacement cost value in the estimate of the risk premium rates for flood insurance under such section 1307(a)(1); (D) identify an appropriate methodology to incorporate replacement cost value into the Administrator's estimates under such section 1307(a)(1); (E) develop a feasible implementation plan and projected timeline for including replacement cost value in the estimates of risk premium rates for flood insurance made available under the National Flood Insurance Program. (2) Report.-- (A) Requirement.--Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Administrator shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that contains the results and conclusions of the study required under paragraph (1). (B) Contents.--The report submitted under subparagraph (A) shall include-- (i) an analysis of the recommendations resulting from the study under paragraph (1) and any potential impacts on the National Flood Insurance Program, including cost considerations; (ii) a description of any actions taken by the Administrator to implement the study recommendations; and (iii) a description of any study recommendations that have been deferred or not acted upon, together with a statement explaining the reasons for such deferral or inaction. (b) Use of Replacement Cost Value in Premium Rates; Implementation.-- (1) Estimated rates.--Paragraph (1) of section 1307(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) is amended, in the matter preceding subparagraph (A), by inserting after ``flood insurance'' the following: ``, which shall incorporate replacement cost value, and''. (2) Chargeable rates.--Subsection (b) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)) is amended, in the matter preceding paragraph (1), by inserting after ``Such rates'' the following: ``shall incorporate replacement cost value and''. (3) Effective date.--The amendments under paragraphs (1) and (2) of this subsection shall be made upon the expiration of the 12-month period beginning on the date of the enactment of this Act. (4) Applicability and phase-in.--The Administrator of the Federal Emergency Management Agency shall apply the amendments under paragraphs (1) and (2) to flood insurance coverage made available under the National Flood Insurance Act of 1968 for properties located in various geographic regions in the United States such that-- (A) over the period beginning upon the expiration of the period referred to in paragraph (3) of this subsection and ending on December 31, 2020, the requirement under such amendments shall be gradually phased in geographically throughout the United States as sufficient information for such implementation becomes available; and (B) after the expiration of such period referred to in subparagraph (A), such amendments shall apply to all flood insurance coverage made available under the National Flood Insurance Act of 1968.

(Sec. 1) This bill directs the Federal Emergency Management Agency (FEMA) to incorporate the replacement cost value of a structure insured under the National Flood Insurance Program of 1968 in its consideration of chargeable premium rates. FEMA must conduct a study regarding risk rating redesign utilizing replacement cost and report the findings to Congress.

To require the use of replacement cost value in determining the premium rates for flood insurance coverage under the National Flood Insurance Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the ownership of private property plays an important role in the economic and social well-being of the Nation; (2) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; (3) Federal agency actions that restrict the use of private property and result in a significant diminution in value of such property constitute a taking of that property and should be properly compensated; (4) Federal agencies should consider the impact of agency actions, including regulations, on the use and ownership of private property; and (5) owners of private property that is taken by a Federal agency action should be permitted to seek relief in Federal district court. SEC. 3. STATEMENT OF POLICY. The policy of the Federal Government is to protect the health, safety, and general welfare of the public in a manner that, to the extent practicable, avoids takings of private property. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government. (2) Agency action.--The term ``agency action'' means any action, inaction, or decision taken by an agency and includes such an action, inaction, or decision taken by, or pursuant to-- (A) a statute, rule, regulation, order, guideline, or policy; or (B) the issuance, denial, or suspension of any permit, license, or authorization. (3) Owner.--The term ``owner'' means the person with title, possession, or other property rights in property affected by any taking of such property. (4) Taking of private property.--The term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--To the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) subject to subsection (b), each agency shall complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. (b) Nonapplication.--Subsection (a)(2) shall not apply to-- (1) an action in which the power of eminent domain is formally exercised; (2) an action taken-- (A) with respect to property held in trust by the United States; or (B) in preparation for, or in connection with, treaty negotiations with foreign nations; (3) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (4) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (5) the placement of a military facility or a military activity involving the use of solely Federal property; (6) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (7) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (c) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the agency action; (2) an assessment of the likelihood that a taking of private property will occur under such agency action; (3) an evaluation of whether such agency action is likely to require compensation to private property owners; (4) alternatives to the agency action that would-- (A) achieve the intended purposes of the agency action; and (B) lessen the likelihood that a taking of private property will occur; and (5) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner as a result of the agency action. (d) Submission to OMB.--Each agency shall provide the analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget relating to an agency action. (e) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner and any other person with a property right or interest in the affected property. SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY. Before taking any final agency action, the agency shall fully consider alternatives described in section 5(c)(4) and shall, to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. SEC. 7. CIVIL ACTION. (a) Standing.--If an agency action results in the taking of private property, the owner of such property may obtain appropriate relief in a civil action against the agency that has caused the taking to occur. (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title 28, United States Code-- (1) a civil action against the agency may be brought in either the United States District Court in which the property at issue is located or in the United States Court of Federal Claims, regardless of the amount in controversy; and (2) if property is located in more than 1 judicial district, the claim for relief may be brought in any district in which any part of the property is located. SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS. (a) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this Act. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General that identifies-- (A) each agency action that has resulted in the preparation of a taking impact analysis; (B) the filing of a taking claim; and (C) any award of compensation pursuant to the just compensation clause of the fifth amendment to the Constitution. (2) Publication of reports.--The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made under this paragraph. SEC. 9. PRESUMPTIONS IN PROCEEDINGS. For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 11. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment of this Act.

Private Property Rights Act of 2001 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property.Directs each Federal agency to: (1) complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property, with specified exemptions, including for actions in which the power of eminent domain is formally exercised, law enforcement actions, military activities, and emergencies involving immediate threats to health or safety; and (2) fully consider alternatives described in this Act and, to the maximum extent practicable, to alter the agency action to avoid or minimize the taking of private property.Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency.Directs the Attorney General to provide legal guidance in a timely manner in response to a request by an agency to assist it in complying with this Act.Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.

A bill to protect the property rights guaranteed by the fifth amendment to the Constitution by requiring Federal agencies to prepare private property taking impact analyses and by allowing expanded access to Federal courts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amend Misinterpreted Excessive Regulation In Corporate America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The stated intent of the Sarbanes-Oxley Act of 2002 was to restore confidence and integrity in our nation's financial markets through increased transparency and accountability. (2) The regulatory interpretation of section 404 of that Act has led to many unintended consequences, such as-- (A) diverting valuable resources away from other legitimate business needs; (B) creating massive and tedious documentation requirements; and (C) discouraging the public listing of both international and domestic companies on United States markets. (3) Nine out of ten complaints about the Sarbanes-Oxley Act of 2002 are related to section 404. (4) Ninety percent of international small companies have listed in international markets and not in the United States markets. (5) The out-of-pocket costs have been $4 million to $6 million per accelerated filer, more than 50 times original Securities and Exchange Commission estimates. (6) Total economic costs including opportunity costs and social implications are up to $1.4 trillion. SEC. 3. CREATION OF OMBUDSMAN FOR THE PCAOB. Title I of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211 et seq.) is amended by adding at the end the following new section: ``SEC. 110. OMBUDSMAN. ``(a) Establishment Required.--Not later than 180 days after the date of enactment of the Amend Misinterpreted Excessive Regulation In Corporate America Act, the Board shall appoint an ombudsman for the Board. The Ombudsman shall report directly to the Chairman. ``(b) Duties of Ombudsman.--The ombudsman appointed in accordance with subsection (a) for the Board shall-- ``(1) act as a liaison between the Board and-- ``(A) any registered public accounting firm or issuer with respect to issues or disputes concerning the preparation or issuance of any audit report with respect to that issuer; and ``(B) any affected registered public accounting firm or issuer with respect to-- ``(i) any problem such firm or issuer may have in dealing with the Board resulting from the regulatory activities of the Board, particularly with regard to the implementation of section 404; and ``(ii) issues caused by the relationships of registered public accounting firms and issuers generally; and ``(2) assure that safeguards exist to encourage complainants to come forward and to preserve confidentiality; and ``(3) carry out such activities, and any other activities assigned by the Board, in accordance with guidelines prescribed by the Board.''. SEC. 4. REORGANIZATION OF THE BOARD OF THE PCAOB. (a) Appointment to the Board.-- (1) Amendment.--Subparagraph (A) of section 101(e)(4) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(B)) is amended to read as follows: ``(A) Presidential appointment.--The members of the Board shall be appointed by the President, by and with the advice and consent of the Senate.''. (2) Transition.--The members of the Public Company Accounting Oversight Board serving on the date of enactment of this Act may continue to serve until a successor is appointed pursuant to the amendment made by paragraph (1) of this subsection. The term of office of any such successor shall expire at the time of the expiration of the term of his or her predecessor, as designated by the President at the time of the appointment. (3) Compensation.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Chairman and Members, Public Company Accounting Oversight Board.''. (4) Conforming amendments.-- (A) Sections 101(e) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)) is amended by striking paragraph (6). (B) Section 107(d) of such Act (15 U.S.C. 7217(d)) is amended by striking paragraph (3). (b) Funding.--Section 109(f) of such Act is amended by adding at the end the following new sentence: ``The Congress reserves the authority to establish annual or other periodic limits upon the amount of fees which may be collected under this section on behalf of the Board.''. SEC. 5. REDUCTIONS OF INTERNAL CONTROL IMPLEMENTATION COSTS. (a) Revisions Required.--Not later than December 31, 2007-- (1) the Securities and Exchange Commission shall adopt revisions to its rules under section 404(a) of the Sarbanes- Oxley Act of 2002 (15 U.S.C. 7211(a)) relating to management's assessment of an issuer's internal control structure and procedures; and (2) the Public Company Accounting Oversight Board shall adopt revisions to its standards under section 404(b) of such Act for auditor attestation to and reporting on such management assessment. (b) Cost of Implementation Reduction.--In adopting the revisions required by subsection (a), the Commission and the Board shall reduce the costs of the implementation of section 404, consistent with the intention of the Congress that such section not increase significantly the cost of the annual audits of financial statements under section 13(a) and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)). (c) Risk-Based Implementation.--In adopting the revisions required by subsection (a), the Commission shall adopt a more risk-based statement on internal control reporting that focuses internal control review on financial controls having significant risk of failing to prevent financial damages that would be material to the financial statements of the issuer. SEC. 6. SEPARATE ENGAGEMENTS FOR INTERNAL CONTROL EVALUATIONS. Section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)) is amended-- (1) by inserting before the period at the end of the first sentence the following: ``, or the issuer shall separately engage a different registered public accounting firm which shall attest to and report on such assessment''; and (2) by striking the last sentence. SEC. 7. PRIVATE RIGHTS OF ACTION. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following new subsection: ``(c) No Private Rights of Action.--No private right of action may be brought against any registered public accounting firm in any Federal or State court on the basis of a violation or alleged violation of the requirements of this section or standards issued by the Board under or for purposes of implementing this section.''.

Amend Misinterpreted Excessive Regulation In Corporate America Act - Amends the Sarbanes-Oxley Act of 2002 to direct the Public Company Accounting Oversight Board to appoint an ombudsman to act as a liaison between the Board and any registered public accounting firm or issuer regarding: (1) issues or disputes concerning the preparation or issuance of any audit report with respect to that issuer; and (2) problems resulting from Board regulatory activities, particularly implementation of management assessment of internal controls. Revises requirements governing appointment of Board members. Provides for Presidential appointment of Board members, by and with the advice and consent of the Senate. Declares that Congress reserves the authority to establish periodic limits upon the amount of fees which may be collected on behalf of the Board. Instructs the Securities and Exchange Commission to: (1) adopt revisions to its rules regarding management's assessment of an issuer's internal control structure and procedures; and (2) adopt a more risk-based statement on internal control reporting that focuses internal control review on financial controls having significant risk of failing to prevent financial damages that would be material to the issuer's financial statements. Instructs the Board to revise its standards for auditor attestation to and reporting on management's internal control assessment. Revises the requirement that each registered public accounting firm that prepares or issues the audit report for an issuer attest to the internal control assessment made by the issuer's management. Allows an issuer, in the alternative, to engage separately a different registered public accounting firm to attest to such assessment. (Current law prohibits such separate attestation engagements.) Prohibits any private right of action against a registered public accounting firm in any federal or state court on the basis of a violation or alleged violation of assessment requirements or standards issued by the Board for purposes of implementing the Sarbanes-Oxley Act of 2002.

To reduce the unintended costs and burdens that the Sarbanes-Oxley Act of 2002 imposes on United States businesses, while maintaining that Act's goals of bolstering confidence in the integrity of publicly held companies.

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) 41,000,000 Americans are without health insurance coverage; (3) the number of uninsured Americans is growing every year; (4) the vast majority of uninsured Americans are workers or dependents of workers; (5) 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; and (6) as the United States approaches the 21st century, it is time to enact requirements guaranteeing that jobs carry with them affordable, adequate health insurance benefits. 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, 1998 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, and that meets the requirements of title XXVII of the Public Health Service Act applicable to the plan. ``(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 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. ``(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 the portion of the total premium that the Federal Government contributes 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. ``(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 worked 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 employee who works less than 10 hours per week. ``(c) Employee Obligation Under Certain Programs.-- ``(1) In general.--With respect to an employee covered under a Federal health insurance program (as defined in paragraph (3)), such employee shall accept an offer of health insurance coverage under subsection (a) and agree to the appropriate payroll withholdings under subsection (b)(1)(B) for such coverage or provide for the payment of the employee share of premiums under paragraph (2), except that this subsection shall not apply-- ``(A) with respect to an employee who is otherwise covered under an employment-based qualified health benefit plan; or ``(B) with respect to the coverage of a family member of an employee if the employee does not elect coverage for such family member and the family member is otherwise covered under an employment-based qualified health benefit plan. ``(2) Payment of premiums.--At the request of an employee to which paragraph (1) applies, the relevant Federal administrator of the Federal health insurance program involved shall provide for the payment of the employee share of the premium assessed for coverage under the qualifying health benefit plan involved. For purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the requirement of this paragraph shall be deemed to be a requirement under the appropriate State plan under such title XIX. ``(3) Federal health insurance program.--As used in this subsection, the term `Federal health insurance program' means-- ``(A) the medicare or medicaid program under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 or 1396 et seq.); ``(B) the Federal employee health benefit program under chapter 89 of title V, United States Code; or ``(C) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as defined in section 1073(4) of title 10, United States Code. ``(d) 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 50 full-time employees on business days during the preceding calendar year and who employs not less than 50 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 workers.--For purposes of this title, a contract worker of an employer shall be considered to be an employee of the employer. ``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-- ``(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 the 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. ``(b) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), this title shall apply with respect to employers on January 1, 1999. ``(2) Collective bargaining agreements.--This title shall apply with respect to employees covered under a collective bargaining agreement on the first day of the first plan year beginning after the date of enactment of this Act, or January 1, 1999, whichever occurs later.''. (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. 247. 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 each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such plan; and (3) withhold the employee share of the plan premium from the employee's wages. Defines a large employer as one that employed an average of at least 50 full-time employees on business days during the preceding calendar year and employs at least 50 employees on the first day of the plan year. Considers contract workers as employees for such purposes. Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services that are actuarially equivalent or greater in value than those offered as of January 1, 1998, under the Blue Cross-Blue Shield (BC-BS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets applicable requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the Federal Government pays for such BC-BS Standard Plan under FEHBP. Sets forth a formula for determining such minimum employer contribution with respect to part- time workers who work less than 30 hours per week; but requires no employer contribution for employees working less than ten hours per week. Requires any employee covered under a Federal health insurance program (including Medicare, Medicaid, FEHBP, and the Civilian Health and Medical Program of the Uniformed Services) to accept an employer's offer of health insurance coverage and agree to payroll withholdings, or request the Federal health insurance program to pay the employee share of the premium. Exempts from this requirement: (1) an employee otherwise covered under an employment-based qualified health benefit plan; or (2) a family member of a non-electing employee, where the family member is otherwise covered under an employment-based qualified health benefit plan. Sets forth requirements relating to timing of coverage and withholding, enforcement, and preemption. Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that such coverage complies with requirements of title II of FLSA.

Health Care for Working Families Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Personnel Financial Services Education Act of 2005''. SEC. 2. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES ON INSURANCE AND OTHER FINANCIAL SERVICES. (a) Education and Counseling Requirements.-- (1) In general.--Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 992. Consumer education: financial services ``(a) Requirement for Consumer Education Program for Members.--(1) The Secretary concerned shall carry out a program to provide comprehensive education to members of the armed forces under the jurisdiction of the Secretary on-- ``(A) financial services that are available under law to members; ``(B) financial services that are routinely offered by private sector sources to members; ``(C) practices relating to the marketing of private sector financial services to members; ``(D) such other matters relating to financial services available to members, and the marketing of financial services to members, as the Secretary considers appropriate; and ``(E) such other financial practices as the Secretary considers appropriate. ``(2) Training under this subsection shall be provided to members as-- ``(A) a component of the members' initial entry training; ``(B) a component of each level of the members' professional development training that is required for promotion; and ``(C) a component of periodically recurring required training that is provided for the members at military installations. ``(3) The training provided at a military installation under paragraph (2)(C) shall include information on any financial services marketing practices that are particularly prevalent at that military installation and in the vicinity. ``(b) Counseling for Members and Spouses.--(1) The Secretary concerned shall provide counseling on financial services to each member of the armed forces under the jurisdiction of the Secretary. ``(2) The Secretary concerned shall, upon request, provide counseling on financial services to the spouse of any member of the armed forces under the jurisdiction of the Secretary. ``(2) The Secretary concerned shall provide counseling on financial services under this subsection as follows: ``(A) In the case of members, and the spouses of members, assigned to a military installation to which at least 750 members of the armed forces are assigned, through a full-time financial services counselor at such installation. ``(B) In the case of members, and the spouses of members, assigned to a military installation other than an installation described in subparagraph (A), through such mechanisms as the Secretary considers appropriate, including through the provision of counseling by a member of the armed forces in grade E-7 or above, or a civilian, at such installation who provides such counseling as a part of the other duties performed by such member or civilian, as the case may be, at such installation. ``(3) Each financial services counselor under paragraph (2)(A), and each individual providing counseling on financial services under paragraph (2)(B), shall be an individual who, by reason of education, training, or experience, is qualified to provide helpful counseling to members of the armed forces and their spouses on financial services and marketing practices described in subsection (a)(1). Such individual may be a member of the armed forces or an employee of the Federal Government. ``(4) The Secretary concerned shall take such action as is necessary to ensure that each financial services counselor under paragraph (2)(A), and each individual providing counseling on financial services under paragraph (2)(B), is free from conflicts of interest relevant to the performance of duty under this section and, in the performance of that duty, is dedicated to furnishing members of the armed forces and their spouses with helpful information and counseling on financial services and related marketing practices. ``(5) The Secretary concerned may authorize financial services counseling to be provided to members of a unit of the armed forces by unit personnel under the guidance and with the assistance of a financial services counselor under paragraph (2)(A) or an individual providing counseling on financial services under paragraph (2)(B), as applicable. ``(c) Life Insurance.--(1) In counseling a member of the armed forces, or spouse of a member of the armed forces, under this section regarding life insurance offered by a private sector source, a financial services counselor under subsection (b)(2)(A), or an individual providing counseling on financial services under subsection (b)(2)(B), shall furnish the member or spouse, as the case may be, with information on the availability of Servicemembers' Group Life Insurance under subchapter III of chapter 19 of title 38, including information on the amounts of coverage available and the procedures for electing coverage and the amount of coverage. ``(2)(A) A covered member of the armed forces may not authorize payment to be made for private sector life insurance by means of an allotment of pay to which the member is entitled under chapter 3 of title 37 unless the authorization of allotment is accompanied by a written certification by a commander of the member, or by a financial services counselor referred to in subsection (b)(2)(A) or an individual providing counseling on financial services under subsection (b)(2)(B), as applicable, that the member has received counseling under paragraph (1) regarding the purchase of coverage under that private sector life insurance. ``(B) Subject to subparagraph (C), a written certification described in subparagraph (A) may not be made with respect to a member's authorization of allotment as described in subparagraph (A) until 7 days after the date of the member's authorization of allotment in order to facilitate the provision of counseling to the member under paragraph (1). ``(C) The commander of a member may waive the applicability of subparagraph (B) to a member for good cause, including the member's imminent change of station. ``(D) In this paragraph, the term `covered member of the armed forces' means a member of the armed forces in grades E-1 through E-4. ``(d) Financial Services Defined.--In this section, the term `financial services' includes the following: ``(1) Life insurance, casualty insurance, and other insurance. ``(2) Investments in securities or financial instruments.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``992. Consumer education: financial services.''. (b) Continuing Effect of Existing Allotments for Life Insurance.-- Subsection (c)(2) of section 992 of title 10, United States Code (as added by subsection (a)), shall not affect any allotment of pay authorized by a member of the Armed Forces before the effective date of such section. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act.

Military Personnel Financial Services Education Act of 2005 - Provides financial services and life insurance consumer education for members of the Armed Forces and their spouses, which shall be provided as a component of initial entry and recurring training. (Such training shall include information on financial services marketing practices that are particularly prevalent at a military installation and vicinity.) Provides financial services counseling for members of the Armed Forces, and upon request, for their spouses. Requires a full-time trained counselor at installations with at least 750 assigned personnel, and other counseling at smaller installations. Requires counselors to provide members or spouses with information on Servicemembers' Group Life Insurance when providing information on private sector life insurance. Prohibits E-1 through E-4 members to pay for private sector insurance through pay allotments without a written certification of counseling.

A bill to amend title 10, United States Code, to enhance the protection of members of the Armed Forces and their spouses from unscrupulous financial services sales practices through increased consumer education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants and Education To Tackle Homeowner Exposure to Lead Ensuring America Drinks Only from Unpolluted Taps Act of 2016'' or the ``GET THE LEAD OUT Act of 2016''. SEC. 2. REDUCING LEAD IN DRINKING WATER. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a system located in an area governed by an Indian Tribe (as defined in that section); (C) a nontransient noncommunity water system; (D) a qualified nonprofit organization, as determined by the Administrator; and (E) a municipality or State, interstate, or intermunicipal agency. (2) Lead reduction project.-- (A) In general.--The term ``lead reduction project'' means a project or activity the primary purpose of which is to reduce the level of lead in water for human consumption by-- (i) replacement of publicly owned portions of lead service lines; (ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased lead levels in water for human consumption; (iii) assistance to low-income homeowners to replace privately owned portions of service lines, pipes, fittings, or fixtures that contain lead; and (iv) education of consumers regarding measures to reduce exposure to lead from drinking water or other sources. (B) Limitation.--The term ``lead reduction project'' does not include a partial lead service line replacement if, at the conclusion of that service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line. (3) Low-income.--The term ``low-income'', with respect to an individual provided assistance under this section, has such meaning as may be given the term by the head of the municipality or State, interstate, or intermunicipal agency with jurisdiction over the area to which assistance is provided. (4) Municipality.--The term ``municipality'' means-- (A) a city, town, borough, county, parish, district, association, or other public entity established by, or pursuant to, applicable State law; and (B) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (b) Grant Program.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States. (2) Evaluation.--In providing assistance under this section, the Administrator shall evaluate-- (A) that an eligible entity applying for assistance has identified the source of lead in water for human consumption; and (B) the means by which the proposed lead reduction project would reduce lead levels in the applicable water system. (3) Priority application.--In providing grants under this subsection, the Administrator shall give priority to an eligible entity that-- (A) carries out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator at any time during the 3-year period preceding the date of submission of the application of the eligible entity; (B) addresses lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or another vulnerable human subpopulation; or (C) addresses such priority criteria as the Administrator may establish, consistent with the goal of reducing lead levels of concern. (4) Cost sharing.-- (A) In general.--Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent. (B) Waiver.--The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate. (5) Low-income assistance.-- (A) In general.--Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to carry out lead reduction projects. (B) Limitation.--The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the cost of replacement of the privately owned portion of the service line. (6) Special consideration for lead service line replacement.--In carrying out lead service line replacement using a grant under this subsection, an eligible entity shall-- (A) notify customers of the planned replacement of any publicly owned portion of the lead service line; (B) offer-- (i) in the case of a homeowner that is not low-income, to replace the privately owned portion of the lead service line at the cost of replacement; and (ii) in the case of a low-income homeowner, to replace the privately owned portion of the lead service line and any pipes, fittings, and fixtures that contain lead at a cost that is equal to the difference between-- (I) the cost of replacement; and (II) the amount of low-income assistance available to the homeowner under paragraph (5); (C) notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer consents to the simultaneous replacement of the privately owned portion of the lead service line; and (D) demonstrate that the eligible entity has considered multiple options for reducing lead in drinking water, including an evaluation of options for corrosion control. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $60,000,000 for each of fiscal years 2017 through 2021.

Grants and Education To Tackle Homeowner Exposure to Lead Ensuring America Drinks Only from Unpolluted Taps Act of 2016 or the GET THE LEAD OUT Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a grant program to provide assistance to eligible entities (i.e., certain water systems, nonprofit organizations, and government agencies) for reducing lead levels in water for human consumption. Grant funds may be used to assist low-income homeowners in carrying out lead reduction projects, as long as the grant amount does not exceed the cost of replacing the privately owned portion of the service line. If an eligible entity uses funds for replacing lead service lines, it must: (1) notify customers of the planned replacement of any publicly owned portion of the lead service line; (2) inform each customer that it will replace the public portion of the line only if it obtains the customer's consent to simultaneously replace the privately owned portion of the line; and (3) demonstrate that it has considered multiple options for reducing lead in drinking water, including an evaluation of options for corrosion control.

GET THE LEAD OUT Act of 2016

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Clean Energy Jobs Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--RENEWABLE FUELS Sec. 101. Extension of biodiesel and renewable diesel incentives. Sec. 102. Extension of income tax credit for alcohol used as fuel. Sec. 103. Extension of excise tax credit for alcohol used as fuel. Sec. 104. Extension of additional duties on ethanol. TITLE II--FOSSIL FUELS Sec. 201. Amortization of geological and geophysical expenditures. Sec. 202. Producing oil and gas from marginal wells. Sec. 203. Enhanced oil recovery credit. Sec. 204. Intangible drilling and development costs in the case of oil and gas wells. Sec. 205. Percentage depletion. Sec. 206. Tertiary injectants. Sec. 207. Passive activity losses and credits limited. Sec. 208. Income attributable to domestic production activities. TITLE III--INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT Sec. 301. Increased revenues to reduce Federal budget deficit. TITLE I--RENEWABLE FUELS SEC. 101. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES. (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.-- Subsection (g) of section 40A of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2011'' and inserting ``December 31, 2016''. (b) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.-- (1) Paragraph (6) of section 6426(c) of such Code is amended by striking ``December 31, 2011'' and inserting ``December 31, 2016''. (2) Subparagraph (B) of section 6427(e)(6) is amended by striking ``December 31, 2011'' and inserting ``December 31, 2016''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2011. SEC. 102. EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (1) of section 40(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``December 31, 2011'' in subparagraph (A) and inserting ``December 31, 2016'', and (2) by striking ``January 1, 2012'' in subparagraph (B) and inserting ``January 1, 2017''. (b) Cellulosic Biofuel.--Subparagraph (H) of section 40(b)(6) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2017''. (c) Reduced Amount for Ethanol Blenders.--Paragraphs (1) and (2) of section 40(h) of such Code are both amended by striking ``2011'' and inserting ``2016''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 103. EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (6) of section 6426(b) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2011'' and inserting ``December 31, 2016''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 104. EXTENSION OF ADDITIONAL DUTIES ON ETHANOL. Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States are each amended in the effective period column by striking ``1/1/2012'' and inserting ``1/1/2017''. TITLE II--FOSSIL FUELS SEC. 201. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking ``major integrated oil company'' and inserting ``covered large oil company''. (b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of such Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Covered large oil company.--For purposes of this paragraph, the term `covered large oil company' means a taxpayer which-- ``(i) is a major integrated oil company, or ``(ii) has gross receipts in excess of $50,000,000 for the taxable year. For purposes of clause (ii), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (c) Conforming Amendment.--The heading for paragraph (5) of section 167(h) of such Code is amended by inserting ``and other large taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 202. PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2011. SEC. 203. ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 204. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL AND GAS WELLS. (a) In General.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is not a small, independent oil and gas company, determined by deeming all persons treated as a single employer under subsections (a) and (b) of section 52 as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 205. PERCENTAGE DEPLETION. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--This section and section 611 shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Conforming Amendment.--Section 613A(c)(1) of such Code is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (f)''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 206. TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Exception for qualified carbon dioxide disposed in secure geological storage.--Paragraph (1) shall not apply in the case of any qualified tertiary injectant expense paid or incurred for any tertiary injectant is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of by the taxpayer in secure geological storage (as defined by section 45Q(d)). ``(3) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to expenses incurred after December 31, 2011. SEC. 207. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED. Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Exception for taxpayer who is not small, independent oil and gas company.-- ``(i) In general.--Subparagraph (A) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(ii) Aggregation rule.--For purposes of clause (i), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. SEC. 208. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES. (a) In General.--Section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.--Subsection (a) shall not apply to the income derived from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof by any taxpayer which for the taxable year is an oil and gas company which is not a small, independent oil and gas company.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT SEC. 301. INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT. Any increase in revenues by reason of the amendments made by this Act shall be applied to reduce the Federal budget deficit, or, for any fiscal year for which there is no Federal budget deficit, to reduce the Federal debt.

Clean Energy Jobs Act of 2011 - Amends the Internal Revenue Code to extend through 2016: (1) the income and excise tax credits for biodiesel and renewable diesel used as fuel and for alcohol used as fuel, (2) the cellulosic biofuel producer tax credit, and (3) the reduced credit for ethanol blenders. Amends the Harmonized Tariff Schedule of the United States to extend through 2016 the additional tariff on ethyl alcohol blends (ethanol) used as fuel. Requires seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines a "covered large oil company" as a taxpayer that is a major integrated oil company or that has gross receipts in excess of $50 million in a taxable year. Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells; (3) percentage depletion; (4) the tax deduction for qualified tertiary injectant expenses; (5) the exemption from limitations on passive activity losses; and (6) the tax deduction for income attributable to domestic production activities. Dedicates any increase in revenues resulting from this Act to the reduction of a federal budget deficit or the federal debt.

To amend the Internal Revenue Code of 1986 to extend certain renewable fuel tax incentives and to repeal fossil fuel subsidies for large oil companies.