FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Prevention Campaign Grant Program Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) methamphetamine is a leading drug threat to the United States; (2) crime related to methamphetamine abuse continues to increase, as reported by county sheriffs; (3) law enforcement reporting indicates that methamphetamine users commonly engage in identity theft to acquire personal information of another person, which the methamphetamine users either sell or exchange for methamphetamine; (4) the prevalence of identity theft is rising in many areas where rates of methamphetamine distribution and abuse are high or increasing; (5) methamphetamine laboratories pose a dangerous threat in terms of toxicity, severe environmental and property damage, violence, and public safety; (6) methamphetamine use places an excessive burden on law enforcement and local government resources; (7) 24 percent of teens nationally report it would be easy or somewhat easy to obtain methamphetamine; (8) 33 percent of teens believe there is only slight or no risk to trying methamphetamines once or twice; (9) 16 percent of teens have a friend or a family member that has used methamphetamines or been treated for methamphetamine abuse; (10) the annual economic burden of methamphetamine use in the United States is estimated at between $16,200,000,000 and $48,300,000,000 annually; (11) methamphetamine creates and increases government and individual expenditures on treatment, healthcare, and foster care services, as well as methamphetamine-related unemployment, child neglect or abuse, and other social issues; (12) the estimated annual cost of methamphetamine-related crime and criminal justice expenditures in the United States is $4,200,000,000; and (13) there are currently no particular pharmacological treatments for dependence on methamphetamine. (b) Purpose.--It is the purpose of this Act to provide adequate resources for the Department of Justice to implement a methamphetamine prevention campaign in States with a critical methamphetamine problem, that will incorporate a broad range of community outreach programs to mobilize communities to assist in methamphetamine awareness and prevention activities that educate youth on the risks and consequences of methamphetamine use. SEC. 3. METHAMPHETAMINE PREVENTION CAMPAIGN GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Attorney General may make grants to States, units of local government, or private nonprofit organizations (referred to in this section as ``eligible entities'') to establish a methamphetamine prevention campaign, which shall be aimed at teenagers. (2) Maximum amount.--A grant made under this section shall not be in an amount more than $2,000,000 per fiscal year. (3) Duration.--A grant made under this section shall be for a period of 1 year. (b) Use of Funds.--A grant made under this section may be used for-- (1) producing and developing television, radio, Internet, and print advertisements and educational materials; (2) acquiring placement of advertisements for a methamphetamine prevention campaign; (3) community outreach to motivate community involvement in methamphetamine education; (4) the benchmark study and periodic surveys required under subsection (c); and (5) qualitative research to assist in the development and testing of-- (A) the messaging of a methamphetamine prevention campaign; and (B) the effectiveness of methamphetamine education. (c) Study Requirement.-- (1) Benchmark study.--An eligible entity receiving a grant under this section shall conduct a quantitative statewide benchmark survey of a statistically significant sample at the beginning of a methamphetamine prevention campaign conducted by the eligible entity to capture attitudes and behaviors related to methamphetamine throughout the State in which the eligible entity is located. (2) Periodic studies.--Beginning not more than 2 years after the completion of the benchmark study required under paragraph (1), an eligible entity receiving a grant under this section shall periodically conduct follow-up studies consistent with the benchmark study described in paragraph (1) to track changes in attitudes and behaviors related to methamphetamine and assist in the development of methamphetamine prevention advertising and other outreach activities directed at teens. (d) Application.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan for implementing a methamphetamine prevention campaign, that shall include specific strategies for preventing or reducing methamphetamine use by youth, based on research-based interventions tailored to reaching youth and changing the behavior of youth; (B) an assurance that, in developing and implementing a methamphetamine prevention campaign, the eligible entity shall, to the extent feasible and appropriate, consult and coordinate with Federal, State, and local agencies, departments, and organizations to build broad community-based support; (C) a private fund-raising strategy; and (D) such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (e) Criteria.--In making grants under this section, the Attorney General shall give priority to eligible entities that-- (1) are addressing widespread methamphetamine use or an emerging threat of widespread methamphetamine use; (2) have dedicated personnel to oversee the implementation and execution of a methamphetamine prevention campaign; and (3) demonstrate an ability to provide quality-tested television and print copy. (f) Federal Share.-- (1) In general.--The Federal share of the cost of an activity described in the application submitted under subsection (d) that is carried out with a grant under this section shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share of payments under this section may be in cash or in-kind. (g) Reports to Congress.--Not later than 120 days after the last day of each fiscal year in which 1 or more grants are made under this section, the Attorney General shall submit to Congress a report that shall include-- (1) a summary of the activities carried out with grants made under this section; (2) an assessment by the Attorney General of the programs carried out; and (3) any other information the Attorney General considers appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2011, 2012, 2013, and 2014.

Methamphetamine Prevention Campaign Grant Program Act of 2010 - Authorizes the Attorney General to make one-year matching grants to states, local governments, or private nonprofit organizations (eligible entities) to establish a methamphetamine prevention campaign which shall be aimed at teenagers. Authorizes the use of grant funds to: (1) produce and develop television, radio, Internet, and print advertisements and educational materials; (2) provide for community outreach to motivate community involvement in methamphetamine education; (3) produce a benchmark survey and periodic studies of attitudes and behaviors related to methamphetamine; and (4) conduct qualitative research to assist in the development and testing of the messaging of a methamphetamine prevention campaign and the effectiveness of methamphetamine education. Requires the Attorney General to give priority in making grants to eligible entities that: (1) are addressing widespread methamphetamine use or an emerging threat of such use; (2) have dedicated personnel to oversee a methamphetamine prevention campaign; and (3) demonstrate an ability to provide quality-tested television and print copy for advertising and educational purposes.

To establish a methamphetamine prevention campaign grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and SSI AIDS Disability Act of 1993''. SEC. 2. SPECIFIC ITEMS REQUIRED IN LISTING OF IMPAIRMENTS FOR EVALUATION OF HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION. (a) In General.--The Secretary of Health and Human Services shall include, in any listing of impairments for the evaluation of human immunodeficiency virus infection used in making determinations of disability under title II or XVI of the Social Security Act, in addition to such other items as the Secretary may include in the Secretary's discretion, items as specified in paragraphs (1), (2), and (3) of this subsection. (1) The Secretary shall include the following among impairments for which meeting a functional test is not required in order to support a determination of disability, subject only to the requirements that a test for human immunodeficiency virus infection has been administered and that the results of such test are positive-- (A) pelvic inflammatory disease with three or more episodes or one or more episodes that require hospitalization or surgery; (B) cervical cancer, FIGO stage IB; and (C) syphilis or neurosyphilis refractory to appropriate treatment. (2) The Secretary shall include the following among impairments for which meeting a functional test is not required in order to support a determination of disability, but which must be persistent or resistant to therapy: (A) pneumonia; (B) pulmonary tuberculosis; (C) bacterial or fungal sepsis; (D) meningitis; (E) septic arthritis; (F) endocarditis; (G) peripheral neuropathy; (H) Kaposi's sarcoma; and (I) abscess of an internal body organ or cavity (excluding otitis media or superficial skin or mucosal abscesses). (3) The Secretary shall include the following among impairments which must last for at least two months and must exist in combination with one other listed impairment, subject to the requirement that a functional test be met with respect to the combination of impairments-- (A) recurrent herpes simplex with lesions which recur more often than every 8 weeks or which are incompletely suppressed despite continuous maintenance therapy; (B) chronic anemia with persistent hemoglobin of less than 10.0 or hematocrit of less than 30.0 (regardless of AZT intake) or the need for blood transfusions more often than twice yearly; (C) genital warts caused by human papilloma virus which are unresponsive to therapy; and (D) chronic genital ulcers which fail to respond to treatment. (b) Functional Test Requirements.-- (1) In general.--With respect to any item in a listing of impairments described in subsection (a) (irrespective of whether such item is listed in subsection (a) or is otherwise listed in regulations of the Secretary), any requirement for a functional test shall be treated as met if one of the following requirements are met-- (A) a marked restriction of activities of daily living (evidenced in any case in which the individual is most of the time unable to perform independently such daily activities as household chores, grooming and hygiene, using a post office, taking public transportation, and paying bills); (B) marked difficulties in maintaining social functioning (evidenced in any case in which the individual is most of the time unable to sustain interaction and communication); (C) marked difficulties in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace (evidenced in any case in which the individual is most of the time unable to sustain concentration, persistence, or pace to permit timely completion of tasks commonly found in work settings); or (D) repeated episodes of decompensation, averaging 3 times a year or once every 4 months, lasting 2 or more weeks each, which cause the individual to deteriorate. (2) Marked restrictions or difficulties.--For purposes of subparagraphs (A), (B), and (C) of paragraph (1)-- (A) a finding of a ``marked'' restriction or difficulty may be based on a restriction or difficulty with respect to either a single activity or function referred to in such subparagraphs or any combination of such activities or functions, if the degree of restriction or difficulty is such that it seriously interferes with the individual's ability to function independently, appropriately, and effectively, and (B) the term ``marked'' does not imply that the impaired individual is confined to bed, hospitalized, or in a nursing home. SEC. 3. EFFECTIVE DATE. The provisions of section 2 shall apply with respect to determinations of disability made on or after December 18, 1991.

Social Security and SSI AIDS Disability Act of 1993 - Requires the Secretary of Health and Human Services to include specific items in any listing of impairments for the evaluation of human immunodeficiency virus (HIV) infection used in making determinations of disability under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Provides that, with respect to any item in such a listing, any requirement for a functional test shall be treated as met if certain specified requirements are met.

Social Security and SSI AIDS Disability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Infant Mortality Prevention Act of 2013''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) For millions of today's working families, child care is an essential ingredient of their success. Child care helps children, families, and communities prosper, and helps the Nation maintain its competitive edge. (2) Close to 12,000,000 children under age 5, and 10,000,000 over the age of 5, are in some type of child care setting each day. (3) More than 60 percent of children are cared for regularly in a child care setting. (4) Recent polls of working parents found that parents are primarily concerned about safety and quality of care, followed by cost. (5) Nationally, the most common form of death among post- neonatal infants under age 1 is death occurring during sleep, as a result of incorrect sleeping practices. (6) According to the Centers for Disease Control and Prevention, each year in the United States, more than 4,500 infants die suddenly of no immediately obvious cause. Half of these sudden unexpected infant deaths are due to Sudden Infant Death Syndrome, the leading cause of sudden unexpected infant deaths and all deaths among infants who are not younger than 1 month but younger than 12 months. (7) Researchers estimate that child care settings account for at least 20 percent of sudden unexpected infant deaths in the United States. (8) In its 2011 report on child care center licensing regulations, Child Care Aware of America, formerly known as the National Association of Child Care Resource and Referral Agencies, noted that-- (A) extensive research and recommendations from organizations like the American Academy of Pediatrics and the National Centers for Disease Control and Prevention favor simple life-saving safe sleep strategies to eliminate serious risk factors for Sudden Infant Death Syndrome and sudden unexpected infant death; and (B) the strategies noted in subparagraph (A) are not universally required under the Child Care and Development Block Grant Act of 1990 nor in the majority of State child care regulations. SEC. 3. GOALS. Section 658A(b)(5) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 note) is amended to read as follows: ``(5) to ensure the health, safety, development and well- being of children in programs supported under this subchapter and to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, and oversight standards established in State law (including regulations).''. SEC. 4. APPLICATION AND PLAN. Section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 6858c(c)(2)(F)) is amended by striking clause (iii) and all that follows and inserting the following: ``(iii) minimum health and safety training appropriate to the provider setting, including training on cardiopulmonary resuscitation, first aid, safe sleep practices and other sudden unexpected infant death prevention strategies.''. SEC. 5. ACTIVITIES TO PROMOTE CHILD SAFETY AND IMPROVE THE QUALITY OF CHILD CARE. Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by striking ``choice, and'' and inserting ``choice,''; and (2) by striking the period and inserting ``training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation), and other activities designed to ensure and improve the health and safety of children receiving child care services under this subchapter.''. SEC. 6. DISSEMINATION OF MATERIALS AND INFORMATION ON SAFE SLEEP AND OTHER SUDDEN UNEXPECTED INFANT DEATH PREVENTION STRATEGIES. Section 658K of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) by striking the section header and inserting the following: ``SEC. 658K. REPORTS, AUDITS, AND INFORMATION.''; and (2) by adding at the end the following: ``(c) Information on Sudden Unexpected Infant Death Prevention Strategies.--The Secretary, working with the Director of the Centers for Disease Control and Prevention and the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall-- ``(1) update training, instructional materials, and other information on safe sleep practices and other sudden unexpected infant death prevention strategies; and ``(2) widely distribute the training, materials, and information to parents, child care providers, pediatricians, home visitors, community colleges, and other individuals and entities.''.

Child Care Infant Mortality Prevention Act of 2013 - Amends the Child Care and Development Block Grant Act of 1990 to revise the requirements for a state plan to administer a child care development block grant. Requires the minimum health and safety training appropriate to a child care provider mandatory under state or local law, and certified by the state plan, to include training on cardiopulmonary resuscitation, first aid, safe sleep practices, and other sudden unexpected infant death prevention strategies.

Child Care Infant Mortality Prevention Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cabin Fee Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Cabin user fees. Sec. 4. Cabin transfer fees. Sec. 5. Right of appeal and judicial review. Sec. 6. Consistency with other law and rights. Sec. 7. Regulations. SEC. 2. DEFINITIONS. In this Act: (1) Authorization.--The terms ``authorized'' and ``authorization'' refer to the issuance of a special use permit for the use and occupancy of National Forest System land derived from the public domain by a cabin owner under the Recreation Residence Program. (2) Cabin.--The term ``cabin'' means a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties. (3) Cabin owner.--The term ``cabin owner'' means-- (A) a person authorized by the Secretary to use and to occupy a cabin on National Forest System land derived from the public domain; and (B) a trust or an heir or assigns of such a person. (4) Cabin transfer fee.--The term ``cabin transfer fee'' means a fee paid to the United States upon the transfer of a cabin between private parties for money or other consideration that also includes issuance of a new permit. (5) Cabin user fee.--The term ``cabin user fee'' means an annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain. (6) Current appraisal cycle.--The term ``current appraisal cycle'' means the completion of Forest Service review and acceptance of initial typical lot appraisals or second appraisals if ordered by cabin owners and approved by the Forest Service. (7) Current cabin user fee.--The term ``current cabin user fee'' means the most recent cabin user fee, which results from an annual adjustment to the prior cabin user fee under section 3(d). (8) Lot.--The term ``lot'' means a parcel of National Forest System land derived from the public domain on which a person is authorized to build, use, occupy, and maintain a cabin. (9) National forest system land.--The term ``National Forest System land'' is limited to National Forest System land derived from the public domain. (10) Recreation residence program.--The term ``Recreation Residence Program'' means the Recreation Residence Program established pursuant to the last paragraph under the heading ``Forest service'' in the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497). (11) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (12) Typical lot.--The term ``typical lot'' means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract. SEC. 3. CABIN USER FEES. (a) Payment of Cabin User Fees.--A cabin user fee shall be paid annually by the cabin owner. (b) Initial Cabin User Fees.-- (1) Establishment.--The Secretary shall establish initial cabin user fees in the manner required by this subsection. (2) Assignment to value tiers.--Upon completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to 1 of 9 tiers based on the following: (A) All appraised lot values shall be adjusted, or normalized, for price changes from its date of value according to the national NAHB/Wells Fargo Housing Opportunity Index prior to tier assignment. (B) Second appraisal values approved by the Forest Service shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A). (C) The tiers shall be established, on a national basis, according to relative lot value, with lots having the lowest adjusted appraised value assigned to Tier 1 and lots having the highest adjusted appraised value assigned to Tier 9. (D) The number of lots (by percentage) assigned to each tier is specified in the table contained in paragraph (3). (E) Data from incomplete appraisals may not be used to establish the fee tiers. (F) Until assigned to a tier, permitted cabin lots, including lots with incomplete appraisals, are assigned an interim fee of $4,500 or their current annual fee, indexed in accordance with subsection (d), whichever is less. (3) Table of initial cabin user fees.--The initial cabin user fees, based on the assignments made by the Secretary under paragraph (2) are as follows: ------------------------------------------------------------------------ Approximate Percent of Fee Tier Permits Nationally Fee Amount ------------------------------------------------------------------------ Tier 1 not to exceed 8% $500 ------------------------------------------------------------------------ Tier 2 not to exceed 12% $1,000 ------------------------------------------------------------------------ Tier 3 not to exceed 12% $1,500 ------------------------------------------------------------------------ Tier 4 not to exceed 14% $2,000 ------------------------------------------------------------------------ Tier 5 at least 14% $2,500 ------------------------------------------------------------------------ Tier 6 not to exceed 14% $3,000 ------------------------------------------------------------------------ Tier 7 not to exceed 12% $3,500 ------------------------------------------------------------------------ Tier 8 not to exceed 8% $4,000 ------------------------------------------------------------------------ Tier 9 not to exceed 6% $4,500. ------------------------------------------------------------------------ (4) Deadline for completion of current appraisal cycle.-- The Secretary shall complete the current appraisal cycle within three years after the date of the enactment of this Act. (5) Effective date.--The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle. (c) Overpayments or Underpayments.--If, upon assignment to a tier under subsection (b), the Secretary determines that the fee charged to a cabin owner during the preceding 3 years resulted in an overpayment or underpayment of the fee due under the tier system totaling more than $500, the fee for the next three years shall be adjusted, if such a fee adjustment is requested by the Secretary or by the affected cabin owner, as necessary to correct the overpayment or underpayment. (d) Annual Adjustments of Cabin User Fee.--The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to determine and apply an annual adjustment to cabin user fees. (e) Effect of Destruction, Substantial Damage, or Loss of Access.-- If a cabin is destroyed or suffers substantial damage amounting to greater than 50 percent of replacement cost, or if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied as a result, the Secretary shall reduce the cabin user fee for the affected lot to $100 per year. This fee shall be in effect for the remainder of the year in which the destruction occurs and until such time as the cabin may be lawfully reoccupied and normal access has been restored. SEC. 4. CABIN TRANSFER FEES. (a) Payment of Cabin Transfer Fees.--In conjunction with the transfer of ownership of any cabin and the issuance of a new permit, the transferor shall file with the Secretary a sworn statement declaring the amount of money or other value received, if any, for the transfer of the cabin. As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the transferor shall pay, or cause to be paid, to the Secretary a cabin transfer fee in an amount determined as follows: ---------------------------------------------------------------------------------------------------------------- Consideration Received by Transfer Transfer Fee Amount ---------------------------------------------------------------------------------------------------------------- $0 to $250,000 $1,000 ---------------------------------------------------------------------------------------------------------------- $250,000.01 to $500,000.00 $1,000 plus 5% of consideration in excess of $250,000 up to $500,000 ---------------------------------------------------------------------------------------------------------------- $500,000.01 and above $1,000 plus 5% of consideration in excess of $250,000 up to $500,000 plus 10% of consideration in excess of $500,000. ---------------------------------------------------------------------------------------------------------------- (b) Index.--The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to determine and apply an annual adjustment to the cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set forth in the table contained in subsection (a). SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW. (a) Right of Appeal.--Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, transfer fee, or whether or not to reduce a cabin user fee under section 3(e). Such appeal shall be pursuant to the appeal process provided under subpart C (Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands) of part 251 of title 36, Code of Federal Regulations (section 251.80 et seq.). (b) Judicial Review.--A cabin owner that contests a final decision of the Secretary under this Act may bring a civil action in United States district court. The venue for actions brought before the United States District Court shall be in the United States Judicial District where the cabin is located or the permit holder resides. Nothing in this Act precludes the parties from seeking mediation. SEC. 6. CONSISTENCY WITH OTHER LAW AND RIGHTS. (a) Consistency With Rights of the United States.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource. (b) Special Rule for Alaska.--In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 7. REGULATIONS. The Secretary shall promulgate regulations to carry out this Act not later than December 31, 2012.

Cabin Fee Act of 2010 - Defines: (1) "cabin user fee" as the annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain; (2) "cabin owner" as a person authorized to use and occupy a cabin on National Forest System land derived from the public domain or a trust, or an heir or assignee of such a person; and (3) "cabin" as a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties. Requires the payment of an annual "cabin user fee" by a "cabin owner." Directs the Secretary of Agriculture (USDA) to set such fee. Requires a reduction in the cabin use fee to $100 per year if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied. Requires payment of a "cabin transfer fee" to the United States upon the transfer of a cabin between private parties for money or other consideration.

A bill to revise the Forest Service Recreation Residence Program as it applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hanford Land Management Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``affected communities and Indian tribes'' means-- (A) the counties of Benton, Franklin, and Grant, Washington; (B) the cities of Richland, Pasco, and Kennewick, Washington; and (C) the Yakima Tribe, the Confederated Tribes of the Umatilla, and the Nez Perce Tribe. (2) The term ``corrective action'' means such actions as may be necessary to protect human health, safety, and the environment from releases of hazardous waste or constituents from any solid waste management facility at the Hanford Reservation. (3) The term ``Department'' means the Department of Energy. (4) The term ``environmental management activities'' means-- (A) corrective actions; (B) removal or remedial actions; and (C) the treatment, storage, or disposal of hazardous substances or radioactive materials. (5) The term ``Hanford Reservation'' means the site located in southeastern Washington owned by the United States and reserved for the use of the Department of Energy. (6) The term ``hazardous substance'' has the meaning given the term in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)). (7) The term ``remove'' or ``removal'' has the meaning given the term in section 101(23) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(23)). (8) The term ``remedy'' or ``remedial action'' has the meaning given the term in section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)). (9) The term ``radioactive material'' means-- (A) byproduct material as defined in section 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)); (B) source material as defined in section 11z. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)); (C) special nuclear material as defined in section 11aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)); (D) high-level radioactive waste as defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 (12)); (E) low-level radioactive waste as defined in section 2(16) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(16)); (F) spent nuclear fuel as defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)); (G) mixed waste as defined in section 1004(41) of the Solid Waste Disposal Act (42 U.S.C. 6903(41)); and (H) transuranic waste as defined in section 2(20) of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579). (10) The term ``Secretary'' means the Secretary of Energy. (11) The term ``substitution risk'' means an increased risk to human health, safety, or the environment likely to result from a regulatory or nonregulatory option designed to decrease other risks. (12) The terms ``treatment, storage, and disposal'' have the meanings given such terms in section 1004 (34), (33), and (3), respectively, of the Solid Waste Disposal Act (42 U.S.C. 6903 (34), (33), and (3)). SEC. 3. ENVIRONMENTAL MANAGEMENT PLAN. (a) Policy.--The Secretary shall manage federal lands, manage hazardous substances and radioactive materials at the Reservation, perform corrective actions, and remove or remedy, as necessary, hazardous or radioactive contamination of land, structures, surface water, or ground water within the Hanford Reservation in accordance with this Act and the environmental management plan prepared in accordance with this Act. (b) Issuance of Plan.--Not later than two years after the date of enactment of this Act, the Secretary shall submit to Congress an environmental management plan for the Hanford Reservation. (c) Contents of Plan.--The plan shall contain-- (1) the land use plan required by section 4; (2) the risk assessment statement required by section 5; (3) the waste management plan required by section 6; and (4) the site restoration plan required by section 7. (d) Effective Date.--This Act shall take effect upon the date of enactment. The effectiveness of the Act shall not be delayed pending preparation of the environmental management plan. (e) Amendment of Plan.--The Secretary may revise the plan from time to time consistent with this Act and shall submit any amendments to Congress. SEC. 4. LAND USE. (a) Policy.--Lands within the Hanford Reservation shall be retained in Federal ownership unless, as a result of the land use planning procedure provided in this section, Congress determines that disposal of a particular parcel will serve the national interest. (b) Land Use Plan.--The Secretary shall include in the environmental management plan a land use plan designating-- (1) parcels within the Hanford Reservation that need to be retained by the Department for its use or for the maintenance of institutional controls needed to protect the public or the environment from hazardous substances or radioactive materials; (2) parcels recommended for inclusion in the National Park System, the National Refuge System, or the National Wild and Scenic Rivers System; and (3) parcels recommended for transfer to the Secretary of the Interior to be managed as public lands or to be sold or exchanged in accordance with the Federal Land Policy and Management Act (43 U.S.C. 1701-1784). (c) Criteria.--In designating parcels under subsection (b), the Secretary shall consider-- (1) the risk to human health, safety, or the environment presented by hazardous substances and radioactive materials at the site; (2) the risk to workers from exposure to hazardous substances or radioactive materials in the course of performing removal or remedial actions; (3) the availability of effective technologies to remedy or remove hazardous substances or radioactive materials or to reduce the risk to human health, safety, or the environment; (4) the cost to the United States or releasing the parcel from federal ownership and control, including-- (A) the cost of remedying or removing the hazardous substances or radioactive materials or reducing the risk to human health, safety, or the environment from such substances or materials at the parcel; (B) the cost of remedying or removing the hazardous substances or radioactive materials or reducing the risk to the human health, safety, or the environment from such substances or materials at parts of the Reservation that remain under federal ownership or control; and (C) the cost of assessing the incremental risk to the human health, safety, or the environment that may result from releasing the parcel; (5) the importance of the area for scenic, historical, recreational, ecological, cultural, or archeological values, water resources, community expansion, or economic development; (6) the views of the Secretary of the Interior, the Governor of Washington, and affected communities and Indian tribes; and (7) the availability of Federal funds to clean up the parcel to the level needed for the recommended use. (d) Future Ownership.--The Secretary shall not sell, exchange, or convey any part of the Hanford Reservation except as authorized by legislation enacted after the date of enactment of this Act. SEC. 5. RISK ASSESSMENT. (a) Policy.--The Secretary shall conduct a comprehensive risk assessment of all major activities, substances, and conditions at the Hanford Reservation that pose a risk to human health, safety, or the environment. The risk assessment shall be based on the best available, scientifically replicable data and realistic assumptions that shall not exaggerate risk by inappropriately compounding multiple, hypothetical, conservative policy judgments. The Secretary shall recommend future use of the Hanford Reservation under section 4, establish standards and select environmental management activities under sections 6 and 7, and establish priorities and allocate Federal resources among such activities based upon the risk assessment conducted under this section. (b) Risk Assessment Statement.--(1) The Secretary shall include in the environmental management plan a clear and concise statement that-- (A) describes and, to the extent practicable, quantifies the risks to human health, safety, and the environment to be addressed by environmental management activities under this Act; (B) compares the human health, safety or environmental risks to be addressed by such environmental management activities to other risks chosen by the Secretary, including-- (i) at least 3 other risks regulated by a Federal agency; and (ii) at least 3 other risks that are familiar to the general public; (C) describes and, to the extent practicable, quantifies any known, plausible substitution risks when information on such risks is known to or has been provided to the Secretary; (D) estimates-- (i) the costs of carrying out the environmental management activities under this Act; and (ii) the benefits of such activities, including both quantifiable measures of costs and benefits, to the fullest extent that they can be estimated, and qualitative measures that are difficult to quantify; and (E) contains a certification by the Secretary that-- (i) the analyses performed under subparagraphs (A), (B), (C), and (D) are based on the best reasonably obtainable scientific information; (ii) the planned environmental management activities are likely to reduce significantly the human health, safety, or environmental risks to be addressed; (iii) there is no alternative environmental management activity that would achieve an equivalent reduction in risk in a more cost-effective manner, along with a brief explanation of why other alternatives considered by the Secretary were found to be less cost-effective; and (iv) the planned environmental management activities are likely to produce benefits to human health, safety, or the environment that will justify the costs to the United States. (2) If the Secretary cannot certify one or more of the matters specified in paragraph (1)(D), the Secretary shall identify those matters for which certification cannot be made and shall include a statement of the reasons therefor in the environmental management plan. (c) Rule of Reason.--In assessing the risk of individual activities, substances, or conditions as part of the comprehensive risk assessment required by this section, the Secretary shall employ the level of detail and rigor appropriate and practicable for reasoned decision making on the matter involved, taking into account the significance and complexity of the environmental management plan and the need for expedition. SEC. 6. MATERIALS AND WASTE MANAGEMENT. (a) Policy.--The Secretary shall manage hazardous substances and radioactive materials at the Hanford Reservation in compliance with the standards established under subsection (b) and in accordance with the waste management plan prepared under subsection (c). (b) Standards.--(1) The Secretary shall, by rule, establish such standards for the treatment, storage, and disposal of hazardous waste and radioactive materials at the Hanford Reservation as may be necessary to protect human health, safety, and the environment. (2) Such standards shall be in accord with the common defense and security and provide adequate protection to the health and safety of the public. (3) In establishing any standard under this subsection, the Secretary shall take into account-- (A) reasonably anticipated future land uses; (B) the views of the affected communities and Indian tribes; (C) the availability of cost-effective treatment, storage, and disposal technologies; (D) the risk assessment required by section 5; (E) other human health, safety, or environmental protection standards established by the Nuclear Regulatory Commission, other Federal agencies, or the State of Washington for comparable risks; and (F) the recommendations of the Defense Nuclear Facilities Safety Board. (c) Waste Management Plan.--The Secretary shall include in the environmental management plan a waste management plan containing-- (1) the standards established under subsection (b); (2) an inventory of hazardous substances and radioactive materials at the Hanford Reservation to a level of detail determined reasonable by the Secretary; and (3) for each type of hazardous substance or radioactive material, the treatment, storage, disposal, or other management method selected by the Secretary to manage the substance or material in compliance with the standards established under subsection (b). (d) Criteria.--In selecting treatment, storage, or disposal methods under subsection (c), the Secretary shall consider-- (1) the risk to human health, safety, or the environment presented by the hazardous substance or radioactive material; (2) the risk to workers from exposure to the substance or material in the course of treatment, storage, or disposal of the substance or material; (3) the cost of the treatment, storage, or disposal method in relation to-- (A) the risk to the public, workers, or the environment; and (B) alternative treatment, storage, or disposal options; (4) the extent to which the risk to the public, workers, or the environment may be reduced by interim storage of the waste or material until-- (A) the hazard is reduced as a result of radioactive decay or chemical decomposition; or (B) more cost-effective treatment or disposal technologies are developed and are reasonably available; and (5) the views of Federal and State regulators of the substance or material and the affected communities and Indian tribes. SEC. 7. SITE RESTORATION. (a) Policy.--The Secretary shall take corrective and remedial actions at the Hanford Reservation in compliance with the standards established in subsection (b) and in accordance with the site restoration plan prepared under subsection (c). (b) Standards.--(1) The Secretary shall, by rule, establish such standards for the performance of corrective, remedial, and removal actions at the Hanford Reservation as may be necessary to protect human health, safety, and the environment. (2) Such standards shall be in accord with the common defense and security and provide adequate protection to the health and safety of the public. (3) In establishing any standard under this subsection, the Secretary shall take into account-- (A) reasonably anticipated future land uses; (B) the views of the affected communities and Indian tribes; (C) the availability of cost-effective technology for performing corrective, removal, or remedial actions; (D) the risk assessment required by section 5; (E) other human health, safety, or environmental protection standards established by the Nuclear Regulatory Commission other Federal agencies, or the State of Washington for comparable risks; and (F) the recommendations of the Defense Nuclear Facilities Safety Board. (c) Remedy Selection.--(1) The Secretary shall select remedial actions that achieve the level of cleanup under subsection (b), taking into account the following factors-- (A) the effectiveness of the remedy; (B) the capability of the remedy to achieve long-term protection of human health, safety, and the environment; (C) the risk posed by the remedy to the public, to workers engaged in the remedial actions, and to the environment; (D) the acceptability of the remedy to the affected communities and Indian tribes; and (E) the reasonableness of the cost of the remedy in relation to the preceding factors. (2) The Secretary shall give due consideration to the selection of interim containment as a remedy where-- (A) the risk to human health, safety, and the environment diminishes over time as a result of radioactive decay or chemical decomposition; or (B) alternative remedies are technically infeasible or unreasonably costly. (3) The Secretary shall establish cost-effective generic remedies and expedited procedures for selecting generic remedies, as appropriate, at multiple sites within the Reservation. SEC. 8. WORK FORCE RESTRUCTURING. Notwithstanding section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) or any other provision of law, the Secretary shall reduce the number of employees employed by the Department or its contractors at the Hanford Reservation to the number needed to accomplish authorized activities. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary for environmental management activities at the Hanford Reservation.

Hanford Land Management Act - Directs the Secretary of Energy to: (1) manage Federal lands, hazardous substances and radioactive materials at the Hanford Reservation (Reservation) in accordance with this Act and the environmental management plan prepared pursuant to it; (2) submit an environmental management plan for the Reservation to the Congress according to prescribed guidelines; (3) include a prescribed land use plan and risk assessment statement within the environmental management plan according to prescribed guidelines; (4) conduct a comprehensive risk assessment of all major activities, substances, and conditions that pose a risk to human health, safety, or the environment at the Reservation; (5) manage hazardous substances and radioactive materials at the Reservation in accordance with prescribed waste management guidelines, establishing any necessary standards; and (6) take corrective and remedial actions at the Reservation in compliance with the standards and site restoration plan prescribed under this Act. Instructs the Secretary to reduce the number of employees employed at the Reservation by the Department of Energy or its contractors to the number needed to accomplish authorized activities. Authorizes appropriations.

Hanford Land Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief for Older Workers Act of 1991''. SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) in subsection (c), by redesignating such subsection as subsection (b), and-- (A) by striking ``Noncovered Work Outside the United States or'' in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting in lieu thereof ``For purposes of paragraphs (1), (2), and (3)''; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; (4) in subsection (i), by redesignating such subsection as subsection (e), and by striking ``subsection (b), (c), (g), or (h)'' and inserting ``subsection (b) or (d)''; and (5) in subsection (l), by redesignating such subsection as subsection (f), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (c) Conforming Amendments to Other Provisions.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of such Act (42 U.S.C. 402(n)(1)) is amended by striking ``Sections 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.-- (A) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (B) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.-- (A) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (B) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to benefits increased on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''. (6) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (7) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(3) of such Act (42 U.S.C. 408(a)(3)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (8) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (9) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (10) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt amount under section 203(f)(8) which is applicable to individuals described in subparagraph (D) thereof'' and inserting the following: ``an amount equal to the exempt amount which would have been applicable under section 203(f)(8), to individuals described in subparagraph (D) thereof, if the Relief for Older Workers Act of 1991 had not been enacted''. (11) Provisions defining income for purposes of ssi.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(F)) the following new sentences: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in subsections (a), (g)(2), (g)(3), (h)(2), and (j) of such section. In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(m)(2) or in a pension plan of the employer.''. (12) Repeal of deductions on account of work under the railroad retirement program.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking subsections (f) and (g)(2). SEC. 3. EFFECTIVE DATE. The amendments and repeals made by this Act shall be effective with respect to taxable years ending on and after the date of the enactment of this Act.

Relief for Older Workers Act of 1991 (sic) - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.

Relief for Older Workers Act of 1991

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Normalization Act of 2013''. SEC. 2. FINDINGS. Congress finds that-- (1) with the end of the cold war and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in 1962 is not fulfilling the purpose for which it was established; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using diplomatic, economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) extension to Cuba of unconditional normal trade relations treatment would assist Cuba in developing its economy based on free market principles and becoming competitive in the global marketplace; (5) the United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; (6) expanding bilateral trade relations is likely to promote further progress in Cuba on human rights and democratic rule and assist Cuba in adopting regional and world trading rules and principles; and (7) Cuba was one of the founding members of the General Agreement on Tariffs and Trade in 1947 and is an original member of the World Trade Organization, and extension of unconditional normal trade relations treatment to Cuba would enable the United States to avail itself of all rights under the World Trade Organization with respect to Cuba. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4), by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1))-- (A) by striking ``Cuba,''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909 (22 U.S.C. 7208); (4) by striking section 910 (22 U.S.C. 7209); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT. (a) Sense of Congress.-- (1) In general.--It is the sense of the Congress that-- (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions.--In this section, the term ``GATT 1994'' and ``Uruguay Round Agreements'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (b) Extension of Nondiscriminatory Treatment to the Products of Cuba.-- (1) Harmonized tariff schedule amendments.--General note 3(b) of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``to section 401 of the Tariff Classification Act of 1962,''; and (B) by striking ``Cuba''. (2) Repeal of section 401 of the tariff classification act of 1962.--Section 401 of the Tariff Classification Act of 1962 (76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba.-- (A) Extension of nondiscriminatory treatment.-- Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv.--Title IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) shall cease to apply to Cuba. (4) Effective date.--This section, and the amendments and repeal made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the effective date of this Act. (c) Report to Congress.--The President shall submit to the Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. SEC. 9. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 10. REMOVAL OF CUBA FROM STATE SPONSORS OF TERRORISM LIST. (a) In General.--Notwithstanding the provisions of law described in subsection (b), any determination of the Secretary of State in effect on the date of the enactment of this Act that the Government of Cuba has repeatedly provided support for acts of international terrorism pursuant to such provisions of law is hereby rescinded. (b) Provisions of Law Described.--The provisions of law referred to in subsection (a) are section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), and section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)). (c) Effective Date.--This section shall take effect on the effective date of this Act. SEC. 11. STATEMENT OF POLICY CALLING FOR RELEASE OF ALAN PHILLIP GROSS. (a) Findings.--Congress finds the following: (1) The Government of Cuba has signed the International Covenant on Civil and Political Rights. (2) On November 23, 2012, the United Nations Human Rights Council's Working Group on Arbitrary Detention published Opinion No. 69/2012 stating ``The imprisonment of Mr. Alan Phillip Gross by the justice system of the Republic of Cuba is arbitrary.''. (b) Statement of Policy.--It shall be the policy of the United States to-- (1) call for the immediate and unconditional release of United States citizen Alan Phillip Gross; and (2) urge the Government of Cuba in the meantime to provide all appropriate diagnostic and medical treatment to address the full range of medical issues facing Mr. Gross and to allow him to choose a doctor to provide him with an independent medical assessment. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect-- (1) 60 days after the date of the enactment of this Act, or (2) 60 days after the date on which the President certifies to Congress that United States citizen Alan Phillip Gross has been released from the custody of the Government of Cuba, whichever occurs later.

United States-Cuba Normalization Act of 2013 - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Makes ineffective any prohibition on exports to Cuba under the Export Administration Act of 1979. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba; and (4) the prohibition under the Department of Commerce and Related Agencies Appropriations Act, 1999 on transactions or payments respecting certain U.S. intellectual property; Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Amends the Internal Revenue Code to terminate the denial of the foreign tax credit with respect to Cuba. Authorizes common carriers to install and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. Directs the U.S. Postal Service to provide direct mail service to and from Cuba. Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights. Extends nondiscriminatory treatment (normal trade relations) to the products of Cuba. Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction. Rescinds any determination by the Secretary of State that Cuba has repeatedly provided support for acts of international terrorism. States that it shall be U.S. policy to: (1) call for the immediate and unconditional release of U.S. citizen Alan Phillip Gross, and (2) urge Cuba to provide Mr. Gross with all appropriate medical treatment and to allow him to choose a doctor to provide him with an independent medical assessment.

United States-Cuba Normalization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Secret Service Retirement Act of 2009''. SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE EMPLOYEES. (a) Definition.--In this Act, the term ``covered employee'' means an individual who-- (1) was hired as a member of the United States Secret Service Division or the United States Secret Service Uniformed Division during the period beginning on January 1, 1984 through December 31, 1986; (2) has actively performed duties other than clerical for 10 or more years directly related to the protection mission of the United States Secret Service described under section 3056 of title 18, United States Code; (3) is serving as a member of the United States Secret Service Division or the United States Secret Service Uniformed Division (or any successor entity) on the effective date of this Act; and (4) files an election to be a covered employee under subsection (b)(1). (b) Election of Coverage.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, an individual described under subsection (a) (1), (2), and (3) may file an election with the United States Secret Service to be a covered employee and to transition to the District of Columbia Police and Firefighters Retirement and Disability System. (2) Notification.--Not later than 30 days after the date of enactment of this Act, the Office of Personnel Management and the United States Secret Service shall notify employees of the United States Secret Service of the enactment of this Act and that individuals described under subsection (a) (1), (2), and (3) are qualified to file an election under paragraph (1). (c) Retirement Coverage Conversion.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and in consultation with the Secretary of Homeland Security and the Thrift Savings Board, the Office of Personnel Management shall prescribe regulations to carry out the responsibilities of the Federal Government under this Act. The regulations prescribed under this paragraph shall provide for transition of covered employees from the Federal Employees' Retirement System to the Civil Service Retirement System. (2) Treatment of covered employees.-- (A) Election of coverage.-- (i) In general.--After a covered employee files an election under subsection (b)(1), the covered employee shall, subject to clause (ii), be converted from the Federal Employees' Retirement System to the Civil Service Retirement System. (ii) Coverage in district of columbia retirement system.-- (I) In general.--Chapter 7 of title 5 of the District of Columbia Code shall apply with respect to a covered employee on the date on which the covered employee transitions to the Civil Service Retirement System. (II) Authorization for district of columbia.--The government of the District of Columbia shall provide for the coverage of covered employees in the District of Columbia Police and Firefighters Retirement and Disability System in accordance with this Act. (III) United states secret service uniformed division.--In the administration of this clause, a covered employee who is a member of the United States Secret Service Uniformed Division shall be authorized to transfer all funds to his credit in the Civil Service Retirement and Disability Fund continued by sections 8331(5) and 8348 of title 5, United States Code, to the general revenues of the District of Columbia and after the transfer of such funds the salary of such member shall be subject to the same deductions for credit to the general revenues of the District of Columbia as the deductions from salaries of other members under subchapter I of chapter 7 of title 5 of the District of Columbia Code, and he shall be entitled to the same benefits as the other members to whom such sections apply. (B) Thrift savings plan.--A covered employee shall forfeit, under procedures prescribed by the Executive Director of the Federal Retirement Thrift Investment Board, all Thrift Savings Plan contributions and associated earnings made by an employing agency pursuant to section 8432(c) of title 5, United States Code. Any amounts remaining in the Thrift Savings Plan account of the covered employee may be transferred to a private account or the District of Columbia Police and Firefighter Retirement and Disability System. (C) Forfeiture of social security benefits.-- (i) Contributions.--Upon conversion into the Civil Service Retirement System, a covered employee shall forfeit all contributions made for purposes of title II of the Social Security Act on the basis of the covered employee's employment with the United States Secret Service under sections 3101(a) and 3111(a) of the Internal Revenue Code of 1986. All forfeited funds shall remain in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as applicable. Notwithstanding paragraphs (4) and (5) of section 205(c) of the Social Security Act, the Commissioner of Social Security shall change or delete any entry with respect to wages of a covered employee that are forfeited under this clause. (ii) Benefits.-- (I) In general.--No individual shall be entitled to any benefit under title II of the Social Security Act based on wages for which the contributions were forfeited under clause (i). (II) No effect on medicare benefits.--Notwithstanding the forfeiture by a covered employee under clause (i), such contributions shall continue to be treated as having been made while performing medicare qualified government employment (as defined in section 210(p) of the Social Security Act) for purposes of sections 226 and 226A of that Act. (3) Implementation.--The Office of Personnel Management, the Department of Homeland Security, the Social Security Administration, and the Thrift Savings Board shall take such actions as necessary to provide for the implementation of this Act. (d) Effective Date.-- (1) In general.--Except as provided under paragraph (2), this Act shall take effect on the first day of the first applicable pay period that begins 180 days after the date of enactment of this Act. (2) Elections and implementation.--Subsections (b) and (c)(1) and (3) shall take effect on the date of enactment of this Act.

United States Secret Service Retirement Act of 2009 - Authorizes an individual who was hired as a member of the United States Secret Service Division or the United States Secret Service Uniformed Division from January 1, 1984, through December 31, 1986, who has actively performed duties other than clerical for 10 or more years directly related to the Secret Service's protection mission, and who is serving as a member of the Secret Service Division or the Secret Service Uniformed Division to file an election to transition to the District of Columbia Police and Firefighters Retirement and Disability System (DCPFRDS). Directs the Office of Personnel Management (OPM) and the Secret Service to notify Secret Service employees regarding eligibility to file such an election. Requires: (1) OPM to prescribe regulations to provide for transition of covered employees from the Federal Employees' Retirement System to the Civil Service Retirement System; and (2) the District of Columbia government to provide for coverage of such employees in the DCPFRDS. Sets forth provisions regarding the forfeiture of Thrift Savings Plan and Social Security contributions upon conversion.

A bill to provide that certain Secret Service employees may elect to transition to coverage under the District of Columbia Police and Fire Fighter Retirement and Disability System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Missile Defense Cooperation Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The State of Israel remains under grave threat and frequent attack from missiles, rockets, and mortar shells fired at Israeli civilian targets by militants from Foreign Terrorist Organizations such as Hamas and Palestinian Islamic Jihad on its southern border and by Hezbollah on its northern border, which have killed, wounded, or inflicted psychological trauma on countless Israelis. Additionally, Israel faces a potential ballistic missile threat from Iran and Syria. (2) The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense. (3) The United States remains committed to Israel's qualitative military edge, including its advantage over non- state actors such as Hezbollah and Hamas, which boast increasingly sophisticated and powerful weapons as a result of support from Iran, Syria, and other state actors. (4) The United States can help to advance its own vital national security interests and the cause of Middle Eastern peace and stability by supporting Israel's ability to defend itself against missiles, rockets, and other threats. (5) United States-Israel missile defense cooperation dates back over two decades with great success, such as the Arrow Weapon System, which is already protecting Israel. These systems are life-saving, war-preventing and the technologies of the cooperative programs belong to both the United States and Israel. (6) United States industries are equal partners in the development of the cooperative systems, which creates employment opportunities in the United States and Israel. All technical milestones to date have been met on time. (7) The David's Sling Weapon System (DSWS), in joint development by the United States and Israel, is being designed to intercept short-range and medium-range ballistic missiles, long-range rockets, and cruise missiles. (8) The David's Sling Weapon System successfully intercepted an inert medium-range rocket in November 2012, and defense officials expect the program to be fully operational as planned on time. (9) The Arrow 3 Weapon System, in joint development by the United States and Israel, is being designed to intercept long- range missiles in high altitude in order to minimize leakage from a nuclear or chemical warhead. (10) The Arrow 3 Weapon System completed a successful fly- out test in February 2013 and July 2013. (11) The Arrow Weapon System, in joint development between the United States and Israel, has been operational since 2000 and targets medium-range ballistic missiles. (12) The Israeli Defense Forces report that the Iron Dome anti-rocket defense system has achieved a success rate of more than 85 percent, intercepting rockets bound for residential neighborhoods, busy road junctions, shopping centers, and crowded streets across Israel. (13) The success of the Iron Dome anti-rocket defense system during Operation Pillar of Defense in November 2012 averted massive Israeli casualties, thereby decreasing Israel's need to conduct a ground-based attack against Gaza-based terrorists, enhancing Israel's operational flexibility, and preventing terrorists from plunging the region into crisis whenever they choose. (14) Israel has indicated that it is ready to share the technology of the Iron Dome anti-rocket defense system with the United States, which would strengthen United States defense capabilities. (15) The Government of Israel currently has five operational Iron Dome batteries deployed in the field, which are far from sufficient to protect all of Israel's territory. SEC. 3. AUTHORIZATION OF ASSISTANCE TO ISRAEL FOR THE IRON DOME ANTI- ROCKET DEFENSE SYSTEM AND AUTHORIZATION FOR COOPERATION ON THE DAVID'S SLING, ARROW, AND ARROW 3 ANTI-MISSILE DEFENSE SYSTEMS. The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request of the Government of Israel, for the procurement of the Iron Dome anti- rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David's Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting short-range, medium-range, and long-range rockets, missiles, and projectiles launched against Israel.

United States-Israel Missile Defense Cooperation Act of 2013 - Authorizes the President, acting through the Secretary of Defense (DOD) and the Secretary of State, to provide assistance, upon request of the Israeli government, for the procurement of the Iron Dome anti-rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David's Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting rockets, missiles, and projectiles launched against Israel.

United States-Israel Missile Defense Cooperation Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Career Transition Assistance Act of 1997''. SEC. 2. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS. (a) In General.--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 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. SEVERANCE PAYMENTS. ``(a) In General.--In the case of an individual, gross income shall not include any qualified severance payment. ``(b) Limitations.-- ``(1) Amount.--The amount to which the exclusion under subsection (a) applies shall not exceed-- ``(A) $15,000, with respect to any separation from employment, reduced by ``(B) the aggregate amount excluded from gross income under subsection (a) in prior taxable years on account of such separation. ``(2) Years To Which Exclusion Applies.--No qualified severance payment shall be excluded from gross income under subsection (a) unless such payment is received in the taxable year in which separation from employment occurs or in one of the two succeeding taxable years. ``(c) Qualified Severance Payment.--For purposes of this section, the term `qualified severance payment' means any payment received by an individual if-- ``(1) such payment was paid by such individual's employer on account of such individual's separation from employment, and ``(2) such separation was in connection with a reduction in the work force of the employer.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 139 and inserting the following new items: ``Sec. 139. Severance payments. ``Sec. 140. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. REFUNDABLE CREDIT FOR RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES WHO ARE LAID OFF. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES WHO ARE LAID OFF. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified job training expenses which are paid or incurred during the taxable year. ``(b) Maximum Credit.--The amount of qualified job training expenses of an individual which may be taken into account under subsection (a) with respect to a reduction in a work force for the taxable year shall not exceed $2,000, reduced by the amount of such expenses which were taken into account under subsection (a) (or would have been so taken into account but for subsection (c)) with respect to such reduction for all prior taxable years. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The dollar amount contained in subsection (b) shall be reduced (but not below zero) by an amount which bears the same ratio to such limitation as-- ``(A) the excess of-- ``(i) the taxpayer's adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) $20,000. ``(2) Rounding.--Any amount determined under paragraph (1) which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--For purposes of this subsection, the term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $100,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $75,000, and ``(C) in the case of a married individual filing a separate return, $50,000. A rule similar to the rule of section 219(g)(4) shall apply for purposes of this paragraph. ``(d) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual if-- ``(A) during the taxable year or the preceding taxable year, such individual separated from employment in connection with a reduction in the work force of his employer (other than a seasonal reduction), and ``(B) as of the date of such separation-- ``(i) such individual had attained age 50, and ``(ii) during the 30-year period ending on the date of such separation, such individual had been employed by such employer (or any predecessor of such employer) as a full-time employee for periods aggregating 20 years or more. ``(2) Qualified job training expenses.-- ``(A) In general.--The term `qualified job training expenses' means-- ``(i) tuition and fees required for the enrollment or attendance of the eligible individual-- ``(I) at an eligible educational institution, or ``(II) in an applicable training program, ``(ii) fees, books, supplies, and equipment required for an eligible individual for-- ``(I) courses of instruction at an eligible educational institution, or ``(II) an applicable training program, and ``(iii) a reasonable allowance for meals and lodging while attending an eligible educational institution or an applicable training program. ``(B) Eligible educational institution.--The term `eligible educational institution' means-- ``(i) an institution of higher education, or ``(ii) a vocational school. ``(C) Institution of higher education.--The term `institution of higher education' means the institutions described in section 1201(a) or 481(a) of the Higher Education Act of 1965. ``(D) Vocational school.--The term `vocational school' means an area vocational education school as defined in subparagraph (C) or (D) of section 521(4) of the Carl D. Perkins Vocational and Applied Technology Education Act to the extent such school is located within any State (as defined in such section). ``(E) Applicable training program.--The term `applicable training program' means-- ``(i) any applicable program (as defined in section 314(g) of the Job Training Partnership Act), and ``(ii) any training program approved under section 236 of the Trade Act of 1974.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``from section 35 of such Code, or'' after ``1978,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Retraining expenses for certain older long-time employees who are laid off. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Career Transition Assistance Act of 1997 - Amends the Internal Revenue Code to: (1) exclude from gross income a limited amount of qualified severance pay; and (2) permit a limited credit for qualified job training expenses for certain individuals over the age of 50 who have been laid off.

Career Transition Assistance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Adoption Affordable Act of 2012''. SEC. 2. EXPANDED TAX BENEFITS FOR ADOPTION MADE PERMANENT. (a) Expansions Enacted in 2001 Made Permanent.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 202 of such Act. (b) Expansions Enacted in 2010 Permanently Reinstated.-- (1) Increase in dollar limitation.-- (A) Adoption credit.-- (i) In general.--Paragraph (1) of section 23(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$10,000'' and inserting ``$13,170''. (ii) Child with special needs.--Paragraph (3) of section 23(a) of such Code (relating to $10,000 credit for adoption of child with special needs regardless of expenses) is amended-- (I) in the text by striking ``$10,000'' and inserting ``$13,170'', and (II) in the heading by striking ``$10,000'' and inserting ``$13,170''. (iii) Conforming amendment to inflation adjustment.--Subsection (h) of section 23 of such Code (relating to adjustments for inflation) is amended to read as follows: ``(h) Adjustments for Inflation.-- ``(1) Dollar limitations.--In the case of a taxable year beginning after December 31, 2010, each of the dollar amounts in subsections (a)(3) and (b)(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 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Income limitation.--In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) 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 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''. (B) Adoption assistance programs.-- (i) In general.--Paragraph (1) of section 137(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$10,000'' and inserting ``$13,170''. (ii) Child with special needs.--Paragraph (2) of section 137(a) of such Code (relating to $10,000 exclusion for adoption of child with special needs regardless of expenses) is amended-- (I) in the text by striking ``$10,000'' and inserting ``$13,170'', and (II) in the heading by striking ``$10,000'' and inserting ``$13,170''. (iii) Conforming amendment to inflation adjustment.--Subsection (f) of section 137 of such Code (relating to adjustments for inflation) is amended to read as follows: ``(f) Adjustments for Inflation.-- ``(1) Dollar limitations.--In the case of a taxable year beginning after December 31, 2010, each of the dollar amounts in subsections (a)(2) and (b)(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 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Income limitation.--In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A) 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 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''. (2) Credit made refundable.-- (A) Credit moved to subpart relating to refundable credits.--The Internal Revenue Code of 1986 is amended-- (i) by redesignating section 23, as amended by subsection (a), as section 36C, and (ii) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (B) Conforming amendments.-- (i) Section 24(b)(3)(B) of such Code is amended by striking ``23,''. (ii) Section 25(e)(1)(C) of such Code is amended by striking ``23,'' both places it appears. (iii) Section 25A(i)(5)(B) of such Code is amended by striking ``23, 25D,'' and inserting ``25D''. (iv) Section 25B(g)(2) of such Code is amended by striking ``23,''. (v) Section 26(a)(1) of such Code is amended by striking ``23,''. (vi) Section 30(c)(2)(B)(ii) of such Code is amended by striking ``23, 25D,'' and inserting ``25D''. (vii) Section 30B(g)(2)(B)(ii) of such Code is amended by striking ``23,''. (viii) Section 30D(c)(2)(B)(ii) of such Code is amended by striking ``sections 23 and'' and inserting ``section''. (ix) Section 36C of such Code, as so redesignated, is amended-- (I) by striking paragraph (4) of subsection (b), and (II) by striking subsection (c). (x) Section 137 of such Code is amended-- (I) by striking ``section 23(d)'' in subsection (d) and inserting ``section 36C(d)'', and (II) by striking ``section 23'' in subsection (e) and inserting ``section 36C''. (xi) Section 904(i) of such Code is amended by striking ``23,''. (xii) Section 1016(a)(26) is amended by striking ``23(g)'' and inserting ``36C(g)''. (xiii) Section 1400C(d) of such Code is amended by striking ``23,''. (xiv) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' before ``53(e)''. (xv) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code of 1986 is amended by striking the item relating to section 23. (xvi) Paragraph (2) of section 1324(b) of title 31, United States Code, as amended by this Act, is amended by inserting ``36C,'' after ``36B,''. (xvii) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Adoption expenses.''. (3) Coordination with sunset.--Each amendment made by this subsection to another provision of law is to such provision of law as amended by section 10909(c) of the Patient Protection and Affordable Care Act, as amended by section 101(b) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2011.

Making Adoption Affordable Act of 2012 - Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 allowing an increased tax credit for adoption expenses and an increased exclusion from gross income for amounts paid by an employer for adoption expenses. Amends the Internal Revenue Code to reinstate and make permanent: (1) the increase in the tax credit for adoption expenses and the increased exclusion from gross income for amounts paid by an employer for adoption expenses that were enacted by the Patient Protection and Affordable Care Act, (2) the annual inflation adjustments for such increased amounts, and (3) the refundability of the tax credit for adoption expenses.

To amend the Internal Revenue Code of 1986 to make permanent the expansion of tax benefits for adoption enacted in 2001 and to permanently reinstate the expansion of tax benefits for adoption enacted in 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Transparency and Accountability Act''. SEC. 2. SECRETARY OF THE TREASURY REPORT TO CONGRESS BEFORE REACHING DEBT LIMIT. (a) In General.--Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3131. Report before reaching debt limit ``(a) In General.--Not more than sixty days and not less than twenty-one days prior to any date on which the Secretary of the Treasury anticipates the public debt will reach the limit specified under section 3101, as modified by section 3101A, the Secretary shall appear before the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, to submit the information described under subsection (b). ``(b) Information Required To Be Presented.--In an appearance described under subsection (a), the Secretary shall submit the following: ``(1) Debt report.--A report on the state of the public debt, including-- ``(A) the historical levels of the debt, current amount and composition of the debt, and future projections of the debt; ``(B) the drivers and composition of future debt; and ``(C) how, if the debt limit is raised, the United States will meet debt obligations, including principal and interest. ``(2) Statement of intent.--A detailed explanation of-- ``(A) proposals of the President to reduce the public debt in the short term (the current and following three fiscal years), medium term (approximately five to nine fiscal years), and long term (approximately ten to twenty-five fiscal years), and proposals of the President to adjust the debt-to- gross domestic product ratio; ``(B) the impact an increased debt limit will have on future Government spending, debt service, and the position of the United States dollar as the international reserve currency; ``(C) projections of fiscal health and sustainability of major direct-spending entitlement programs (including Social Security, Medicare, and Medicaid); and ``(D) any extraordinary measures the Secretary intends to take to fund Federal Government obligations if the debt limit is not raised, a projection of how long such extraordinary measures will fund the Federal Government, and a projection of the administrative cost of taking such extraordinary measures. ``(3) Progress report.-- ``(A) In general.--A detailed report on the progress of implementing all proposals of the President described under subparagraph (A) of paragraph (2). ``(B) Exception.--The report described under this paragraph shall only be submitted if a Secretary has already appeared at least once pursuant to this section during any term of office for a particular President. ``(c) Public Access to Information.--The Secretary of the Treasury shall place on the homepage of the Department of the Treasury a link to a webpage that shall serve as a repository of information made available to the public for at least 6 months following the date of release of the relevant information, including: ``(1) The debt report submitted under subsection (b)(1). ``(2) The detailed explanation submitted under subsection (b)(2). ``(3) The progress report submitted under subsection (b)(3). ``(d) Extraordinary Measures Defined.--For purposes of this section, the term `extraordinary measures' means each of the following: ``(1) Directing or approving the issuance of debt by the Federal Financing Bank for the purpose of entering into an exchange transaction for debt that is subject to the limit under this section. ``(2) Suspending investments in the Government Securities Investment Fund of the Thrift Savings Fund. ``(3) Suspending investments in the stabilization fund established under section 5302. ``(4) Suspending new investments in the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund. ``(5) Selling or redeeming securities, obligations, or other invested assets of the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund before maturity. ``(6) Suspending sales of State and Local Government Series Treasury securities. ``(7) Such other measures as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of analysis for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3130 the following: ``3131. Report before reaching debt limit.''. SEC. 3. ACCESS TO CERTAIN TREASURY DEPARTMENT DATA. Not later than thirty days after receipt of a written request from the Chairman of the Committee on Finance of the Senate or of the Committee on Ways and Means of the House of Representatives, but no more than four times per fiscal year for each, the Secretary of the Treasury shall provide to the requesting Chairman financial and economic data relevant to determining the amount of the public debt of the United States, including-- (1) cash flow and debt transaction information used in preparing the Daily Treasury Statement, including current balances, receipts, and payments; (2) operating cash balance projections; and (3) relevant information regarding any extraordinary measures (as defined under section 3131(d) of title 31, United States Code) taken to prevent the public debt from exceeding the limitation imposed by section 3101 of title 31, United States Code, as modified by section 3101A of such title.

Debt Transparency and Accountability Act This bill requires the Secretary of the Treasury to provide a report to Congress prior to any date on which Treasury anticipates the public debt will reach the statutory limit. The Secretary must appear before the House Ways and Means Committee and the Senate Finance Committee to submit a debt report including: (1) historic, current, and projected levels of debt; (2) the drivers and composition of future debt; and (3) how the United States will meet debt obligations if the debt limit is raised. The Secretary must also provide a detailed explanation of: proposals to reduce the debt and a progress report on implementing them; the impact an increased debt limit will have on future government spending, debt service, and the position of the U.S. dollar as the international reserve currency; projections of the fiscal health and sustainability of major entitlement programs; any extraordinary measures Treasury intends to take to fund federal government obligations if the debt limit is not raised and projections of the administrative cost and duration of the measures. Treasury must make specified information required by this bill available to the public on its website. Upon request, Treasury must submit to Congress specified financial and economic data relevant to determining the amount of the public debt.

Debt Transparency and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Savers Act of 2010''. SEC. 2. INCREASE IN RESOURCE LIMITS; INFLATION ADJUSTMENT. (a) Increase in Resource Limits.--Section 1611(a)(3) of the Social Security Act (42 U.S.C. 1382(a)(3)) is amended-- (1) in subparagraph (A)-- (A) by striking ``and'' the last place it appears; and (B) by inserting ``, and to $7,500 on January 1, 2011'' before the period; and (2) in subparagraph (B)-- (A) by striking ``and'' the last place it appears; and (B) by inserting ``, and to $5,000 on January 1, 2011'' before the period. (b) Inflation Adjustment.--Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended by adding at the end the following: ``(C) Adjustment for inflation.-- ``(i) In general.--Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of this subsection are increased by a percentage under section 1617, each of the dollar amounts in effect under this paragraph shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(ii) Requirement.--Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period.''. SEC. 3. LIMITED EXCLUSION FROM RESOURCES OF CERTAIN DEFERRED COMPENSATION AND EDUCATION SAVINGS ARRANGEMENTS. Section 1613 of the Social Security Act (42 U.S.C. 1382b) is amended-- (1) in subsection (a)-- (A) in paragraph (15), by striking ``and'' at the end; (B) in paragraph (16), by striking the period and inserting a semicolon; and (C) by inserting after paragraph (16) the following: ``(17) if the individual is not described in section 1611(e)(1)(B) of this Act, the value of any assets in a plan, contract, or account, annuity, or trust described in section 401(a), 403(a), 403(b), 408, 408A, 414(d), 457(b), or 501(c)(18) of the Internal Revenue Code of 1986, any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986, and any other retirement plan, contract, account, annuity, or trust, as determined in the sole discretion of the Commissioner, except that if the individual has attained 65 years of age, the total amount excluded under this paragraph shall not exceed-- ``(A) $50,000 (or, if greater, the amount determined under subsection (f) of this section) if the individual does not have an eligible spouse; or ``(B) $75,000 (or, if greater, the amount determined under such subsection (f)) if the individual has an eligible spouse; and ``(18) if the individual has not attained 65 years of age, the value of-- ``(A) any funds in a qualified tuition program (as defined in section 529 of the Internal Revenue Code of 1986) or in a Coverdell education savings account (as defined in section 530 of such Code); ``(B) any other education program, contract, or account, as determined in the sole discretion of the Commissioner; and ``(C) any individual development account established pursuant to the Assets for Independence Act or section 333B of the Consolidated Farm and Rural Development Act, or under an individual development account program administered by a Federal agency.''; and (2) by adding at the end the following: ``(f) Adjustment for Inflation.-- ``(1) In general.--Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under subsection (a)(17) of this section shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(2) Requirement.--Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period.''. SEC. 4. INCOME RULES APPLICABLE TO CERTAIN DEFERRED COMPENSATION ARRANGEMENTS. (a) Imputation of Income in Certain Cases.--Section 1612 of the Social Security Act (42 U.S.C. 1382a) is amended by adding at the end the following: ``Imputation of Income From Certain Deferred Compensation Arrangements ``(c)(1) If the aggregate value of the assets described in section 1613(a)(17) of an eligible individual who has attained 65 years of age and is not described in section 1611(e)(1)(B) exceeds-- ``(A) $10,000 (or, if greater, the amount determined under paragraph (2) of this subsection) if the individual does not have an eligible spouse; or ``(B) $15,000 (or, if greater, the amount determined under such paragraph (2)) if the individual has an eligible spouse, but does not exceed the dollar amount in effect with respect to the individual under section 1613(a)(17), the assets shall be considered income in an amount equal to the annuity value of the assets (as determined under regulations of the Commissioner of Social Security). ``(2)(A) Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under paragraph (1) of this subsection shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(B) Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period.''. (b) Exclusion of One-Third of Distributions.--Section 1612(b) of such Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following: ``(26) one-third of the value of any assets described in section 1613(a)(17) distributed to such individual (or such spouse).''. SEC. 5. ELIMINATION OF REQUIREMENT THAT SSI RECIPIENTS APPLY FOR PERIODIC PAYMENTS FROM CERTAIN DEFERRED COMPENSATION ARRANGEMENTS. Section 1611(e)(2) of the Social Security Act (42 U.S.C. 1382(e)(2)) is amended by inserting ``(other than payments from a plan, contract, account, annuity, or trust referred to in section 1613(a)(17))'' after ``section 1612(a)(2)(B)''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to benefits for calendar months beginning after the date of the enactment of this Act.

SSI Savers Act of 2010 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) increase resource limits for aged, blind, or disabled individuals who do not have an eligible spouse; (2) require an inflation adjustment for such individuals, regardless of whether a spouse is eligible; (3) provide a limited exclusion from resources of certain deferred compensation and education savings arrangements; (4) set forth income rules imputing income from certain deferred compensation arrangements; and (5) eliminate the requirement that SSI recipients apply for periodic payments from certain deferred compensation arrangements.

To modify certain requirements for countable resources and income under the Supplemental Security Income program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Crop and Value-Added Agriculture Promotion Act''. SEC. 2. ANNUAL GRANTS TO STATES TO SUPPORT SPECIALTY CROP PRODUCERS. (a) Availability and Purpose of Grants.--Subject to the appropriation of funds to carry out this section, the Secretary of Agriculture shall make a grant each fiscal year under this section to each State that submits an application requesting the grant for that fiscal year. The grant funds shall be used by the State department of agriculture solely to enhance the competitiveness of specialty crops produced in that State. The application for a fiscal year shall be submitted at such time and in such form as the Secretary prescribes. (b) Grants Based on Value of Production.--The amount of the grant for a fiscal year to a State under this section shall bear the same ratio to the total amount appropriated pursuant to the authorization of appropriations in subsection (e) for that fiscal year as the value of specialty crop production in the State during the preceding calendar year bears to the value of specialty crop production during that calendar year in all States submitting applications for a grant for that fiscal year. (c) Grant Funds as Supplement to State Expenditures.--Grant funds provided under this section shall supplement the expenditure of State funds in support of specialty crops and specialty crop producers, and shall not replace State funds. (d) Definitions.--In this section: (1) The term ``specialty crop'' means all agricultural crops, except wheat, feed grains, oilseeds, cotton, rice, peanuts, sugar, and tobacco. (2) The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) The term ``State department of agriculture'' means the agency, commission, or department of a State government responsible for protecting and promoting agriculture within the State. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2005 and each fiscal year thereafter to make grants under this section. SEC. 3. BLOCK GRANTS TO STATES FOR VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT. (a) In General.--Section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note) is amended to read as follows: ``(b) Grant Program.-- ``(1) Block grants to states.-- ``(A) In general.--From amounts made available under paragraph (6) for each fiscal year, the Secretary shall provide to each State, subject to subparagraph (B), a sum equal to-- ``(i) the amount so made available; multiplied by ``(ii)(I) the total value of the agricultural commodities and products made in the State during the preceding fiscal year; divided by ``(II) the total value of the agricultural commodities and products made in all of the States during the preceding fiscal year. ``(B) Limitation.--The total amount that may be provided to a State for a fiscal year under subparagraph (A) shall not exceed $3,000,000. ``(2) Grants by states.--A State to which funds are provided under paragraph (1) shall use the money to award competitive grants-- ``(A) to an eligible independent producer (as determined by the State) of a value-added agricultural product to assist the producer-- ``(i) in developing a business plan for viable marketing opportunities for the value- added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities for the producer; and ``(B) to an eligible agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the State) to assist the entity-- ``(i) in developing a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. ``(3) Amount of grant.-- ``(A) In general.--The total amount provided under paragraph (2) to a grant recipient shall not exceed $500,000. ``(B) Majority-controlled producer-based business ventures.--The amount of grants provided by a State to majority-controlled producer-based business ventures under paragraph (2)(B) for a fiscal year may not exceed 10 percent of the amount of funds that are used by the State to make grants for the fiscal year under paragraph (2). ``(4) Grantee strategies.--A grantee under paragraph (2) shall use the grant-- ``(A) to develop a business plan or perform a feasibility study to establish a viable marketing opportunity for a value-added agricultural product; or ``(B) to provide capital to establish alliances or business ventures that allow the producer of the value- added agricultural product to better compete in domestic or international markets. ``(5) Reports.--Within 90 days after the end of a fiscal year for which funds are provided to a State under paragraph (1), the State shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing how the funds were used. ``(6) Funding.--On October 1 of each fiscal year, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection $100,000,000, to remain available until expended. ``(7) State defined.--In this subsection, the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2004. SEC. 4. REIMBURSEMENT OF CERTIFICATION COSTS. The Secretary of Agriculture shall establish a quality standardization program for certification of farmers and processors under quality assurance systems. The program-- (1) shall set standards for types of certifications that qualify under the program; (2) may provide for certification under programs such as Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices programs; (3) shall establish what certification-related expenses shall qualify for reimbursement under the program; and (4) shall provide that farmers and processors shall be reimbursed for 50 percent of qualified expenses related to accepted certifications. SEC. 5. NATIONWIDE EXPANSION OF RISK MANAGEMENT AGENCY ADJUSTED GROSS REVENUE INSURANCE PROGRAM. (a) Expansion.--Section 523(e) of the Federal Crop Insurance Act (7 U.S.C. 1523(e)) is amended by adding at the end the following new paragraph: ``(3) Permanent nationwide operation.--Effective beginning with the 2005 reinsurance year, the Corporation shall carry out the adjusted gross revenue insurance pilot program as a permanent program under this Act and may expand the program to cover any county in which crops are produced. To facilitate the expansion of the program nationwide, the Corporation may grant temporary premium subsidies for the purchase of a policy under the program to producers whose farm operations are located in a county that has a high level of specialty crop production and has not had a high-level of participation in the purchase of crop insurance coverage.''. (b) Comptroller General Study.--The Comptroller General shall conduct a study of the Federal crop insurance program to determine how well the program serves specialty crop producers and to recommend such changes as the Comptroller General considers appropriate to improve the program for specialty crop producers. SEC. 6. EXPANSION OF FRUIT AND VEGETABLE PROGRAM IN SCHOOL LUNCH PROGRAMS. The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended-- (1) in section 18, by striking subsection (g); and (2) by inserting after section 18 the following new section: ``SEC. 19. FRUIT AND VEGETABLE PROGRAM. ``(a) In General.--The Secretary shall make available to students in not more than 100 schools in each State, and in elementary and secondary schools on 1 Indian reservation, free fresh and dried fruits and vegetables throughout the school day in 1 or more areas designated by the school. ``(b) Priority in Allocation.--In selecting States to participate in the program, the Secretary shall give priority to States that produce large quantities of specialty crops. ``(c) Publicity.--A school participating in the program authorized by this section shall publicize within the school the availability of free fruits and vegetables under the program. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2005 and 2006, $20,000,000 to carry out this section.''.

Specialty Crop and Value-Added Agriculture Promotion Act - Directs the Secretary of Agriculture to make annual State grants (based upon value of production) to enhance specialty crop competitiveness. Stipulates that such grants shall supplement and not replace State funds. Defines "specialty crop" as any crop other than wheat, feed grains, oilseeds, cotton, rice, peanuts, sugar, and tobacco. Amends the Agricultural Risk Protection Act of 2000 to replace the agricultural marketing resource center pilot project with a State block grant program for value-added agricultural product market development. Directs the Secretary to establish a quality standardization program for certification of farmers and processors under quality assurance systems, which shall include 50 percent reimbursement of participant certification costs. Amends the Federal Crop Insurance Act to direct the Commodity Credit Corporation to carry out the adjusted gross revenue insurance pilot program as a permanent program. Authorizes the Corporation to: (1) expand the program to cover any county in which crops are produced; and (2) grant temporary policy subsidies for producers located in a county that has a high level of specialty crop production and has not had a high level of crop insurance coverage coverage. Amends the Richard B. Russell National School Lunch Act to direct the Secretary to: (1) make available to students in not more than 100 schools in each State, and in elementary and secondary schools on one Indian reservation, free fresh and dried fruits and vegetables throughout the school day in one or more school-designated areas; and (2) give priority to States that produce large quantities of specialty crops.

To support specialty crop producers and production in the United States, to improve the program of value-added agricultural product market development grants by routing the grant funds through State departments of agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Extension Act of 2009''. SEC. 2. TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT BENEFITS. (a) Emergency Unemployment Compensation.--Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2010''; (2) in the heading for subsection (b)(2), by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and (3) in subsection (b)(3), by striking ``May 31, 2010'' and inserting ``May 31, 2011''. (b) Additional Regular Compensation.--Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended-- (1) in paragraph (1)(B), by striking ``January 1, 2010'' and inserting ``January 1, 2011''; (2) in the heading for paragraph (2), by striking ``January 1, 2010'' and inserting ``January 1, 2011''; and (3) in paragraph (3), by striking ``June 30, 2010'' and inserting ``June 30, 2011''. (c) Full Funding of Extended Benefits.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (1) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''; (2) in subsection (c), by striking ``June 1, 2010'' and inserting ``June 1, 2011''; and (3) in subsection (d), by striking ``May 30, 2010'' and inserting ``May 30, 2011''. SEC. 3. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following: ``(d) Further Additional Emergency Unemployment Compensation.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (hereinafter `additional emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `further additional emergency unemployment compensation') equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970; ``(B) such a period would then be in effect for such State under such Act if section 203(d) of such Act-- ``(i) were applied by substituting `6' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(C) such a period would then be in effect for such State under such Act if-- ``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `9.0' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Coordination rule.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. ``(4) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendment to Non-augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 2(a), is further amended-- (1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and (2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''. (c) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC. 4. TRANSFER OF FUNDS. Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``Act;'' and inserting ``Act and the Emergency Unemployment Compensation Extension Act of 2009;''. SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), is amended-- (1) in clause (iii)-- (A) by striking ``June 30, 2009'' and inserting ``June 30, 2010''; (B) by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and (2) by adding at the end of clause (iv) the following: ``In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.''. (b) Administrative Expenses.--Section 2006 of the American Recovery and Reinvestment Act of 2009 is amended by adding at the end of subsection (b) the following: ``In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.''. SEC. 6. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE FOR FEDERALLY-SPONSORED RESEARCH ASSESSING THE EFFECTIVENESS OF FEDERAL PROGRAMS IN ACHIEVING POSITIVE LABOR MARKET OUTCOMES. Section 453 of the Social Security Act (42 U.S.C. 653) is amended-- (1) in subsection (i)(2)(A), by striking ``24'' and inserting ``48''; (2) in subsection (j)(5), by striking ``but without personal identifiers'' and inserting ``or pursuant to evaluations undertaken to assess the effectiveness of Federal programs in achieving positive labor market outcomes that are conducted under contract to or grant from the Department of Health and Human Services, the Social Security Administration, the Department of Labor, the Department of Education, the Department of Housing and Urban Development, or other Federal departments or agencies supporting the evaluations. For purposes of conducting the evaluations, personal identifiers may be provided to any Federal department or agency and to any agent of any such department or agency, subject to the privacy provisions contained in subsections (l) and (m)''; and (3) in subsection (l)(2), by inserting ``, agent conducting research described in subsection (j)(5),'' before ``or employee''.

Emergency Unemployment Compensation Extension Act of 2009 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through December 31, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through January 1, 2011: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC. Requires a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional EUC, if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2010, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Makes additional appropriations to cover such cost. Amends the American Recovery and Reinvestment Act of 2009 to make additional appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended benefits. Amends title IV part D (Child Support and Establishment of Paternity) of the Social Security Act to require information entered into the data base of the National Directory of New Hires to be deleted 48 (currently, 24) months after its entry. Authorizes the Secretary of Health and Human Services (HHS) to permit federal departments and agencies or their agents to use data in each component of the Federal Parent Locator Service and information reported by employers to assess the effectiveness of federal programs in achieving positive labor market outcomes. Allows personal identifiers to be provided to such entities, subject to certain privacy provisions.

To amend the Assistance for Unemployed Workers and Struggling Families Act and the Supplemental Appropriations Act, 2008 to provide for the temporary extension of certain unemployment benefits and the temporary availability of further additional emergency unemployment compensation, and for other purposes.

SECTION 1. AMENDMENTS TO THE FEDERAL AVIATION ACT OF 1958. (a) Review Process.--Title IV of the Federal Aviation Act of 1958 (49 U.S.C. App. 1371-1389) is amended by adding at the end thereof the following new section: ``SEC. 420. REVIEW OF CERTAIN ACQUISITIONS OF VOTING SECURITIES OF AIR CARRIERS. ``(a) General Rule.--No person shall acquire, directly or indirectly, any voting securities of a major air carrier or person who controls a major air carrier unless the acquiring person files notification pursuant to the rules under subsection (d), the waiting period described in subsection (b)(1) has expired, and the Secretary has not disapproved such acquisition under subsection (c)-- ``(1) if such acquisition is of 15 percent or more of the voting securities of the acquired person; or ``(2) if, before such acquisition, the acquiring person holds less than 15 percent of the voting securities of the acquired person and, as a result of such acquisition, the acquiring person would hold 15 percent or more of the voting securities of the acquired person. ``(b) Waiting Period.-- ``(1) General Rule.--The waiting period required under subsection (a) shall-- ``(A) begin on the date of receipt by the Secretary of the completed notification required under this section from the acquiring person; and ``(B) end on the 30th day after the date of such receipt or such later date as may be set under subsection (e)(2). ``(2) Termination.--The Secretary may, in individual cases, terminate the waiting period specified in paragraph (1) and allow any person to proceed with any acquisition subject to this section and promptly shall cause to be published in the Federal Register a notice that the Secretary does not intend to take any action within such period with respect to such acquisition. ``(c) Disapproval.--The Secretary shall disapprove an acquisition of voting securities subject to this section if the Secretary finds-- ``(1) that the acquistion is likely to weaken the acquired person financially to such an extent-- ``(A) that a deterioration in the ability of the air carrier to comply with its established safety procedures would occur; ``(B) that the air carrier would be unable to take the steps necessary to continue to operate with the highest degree of safety; ``(C) that the air carrier would be required to dispose of a substantial portion of its aviation- related assets in order to meet its financial obligations; or ``(D) that a substantial deterioration in the air carrier's ability to compete in providing air transportation would result; ``(2) that the probable intent of the acquiring person is to make a major reduction in the size of the air carrier by disposing of aviation-related assets; except in any case in which-- ``(A) such disposition would be necessary, in the absence of the acquisition, to avoid the financial failure of the air carrier, ``(B) the assets to be disposed of could not be used profitably by the air carrier, or ``(C) such disposition would be in the public interest; ``(3) that the acquisition would result in a person who is not a citizen of the United States having power to exercise control over the air carrier; ``(4) that the acquisition would result in a major reduction in wages, benefits, or number of employees of the air carrier which is not agreed to by the employees and is required primarily as a result of added costs arising out of the acquisition; or ``(5) that the acquiring person is not providing, in a timely manner, the documentary material and information required by the Secretary to make a decision regarding the acquisition under this section. ``(d) Form of Notification and Other Rules.-- ``(1) In general.--The Secretary, by regulation-- ``(A) shall require that the notification under subsection (a) be in such form and contain such information and documentary material relevant to a proposed acquisition as is necessary to enable the Secretary to determine whether such acquisition should be disapproved under this section, and ``(B) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section, including rules relating to the submission by the air carrier of information or documentary material described in subparagraph (A). ``(2) Deadline for issuance of regulations.--Not later than 10 days after the date of the enactment of this section, the Secretary shall issue regulations necessary to carry out the objectives of this section. ``(e) Extension of Waiting Period.-- ``(1) Submission of additional information.--The Secretary may, before the expiration of the 30-day waiting period specified in subsection (b)(1), require the submission of additional information or documentary material relevant to the proposed acquisition, from a person required to file notification with respect to such acquisition under subsection (a), from the air carrier, or from any officer, director, partner, agent, or employee of such person. ``(2) Duration.--The Secretary, in his discretion, may extend the 30-day waiting period specified in subsection (b)(1) for an additional period of not more than 20 days after the later of-- ``(A) the date on which the Secretary receives from the acquiring person or any officer, director, partner, agent, or employee of such person all of the information and documentary material required to be submitted pursuant to a request under paragraph (1); or ``(B) the date by which the air carrier or any officer, director, partner, agent, or employee of the air carrier is directed to submit information or documentary material pursuant to a request under paragraph (1). ``(f) Protection of Information.--Any information or documentary material filed with the Secretary pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either House of Congress or to any duly authorized committee or subcommittee of Congress. ``(g) Computation of Voting Securities.--For purposes of this section, the amount or percentage of voting securities of a person which are acquired or held by another person shall be determined by aggregating the amount or percentage of such voting securities held or acquired by such other person and each affiliate thereof. ``(h) Definitions.--As used in this section-- ``(1) Major air carrier.--The term `major air carrier' means an air carrier with annual revenues of more than $750,000,000. ``(2) Voting securities.--The term `voting securities' means any securities which at present or upon conversion entitle the owner or holder thereof to vote for the election of directors of the issuer or, with respect to unincorporated issuers, persons exercising similar functions.''. (b) Conforming Amendment.--The portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 relating to title IV of such Act is amended by adding at the end thereof the following new item: ``Sec.420.Review of certain acquisitions of voting securities of air carriers.''.

Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring 15 percent or more of the voting securities of a major air carrier or person who controls a major air carrier, unless such person complies with specified notification and waiting period requirements under the Act and the Secretary of Transportation has not disapproved the acquisition. Makes the same requirement for any person with less than 15 percent ownership if the acquisition would increase ownership to 15 percent or more. Requires the Secretary to disapprove an acquisition if specified findings are made.

To amend the Federal Aviation Act of 1958 to provide for review of certain acquisitions of voting securities of air carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Dealer Penalty Flexibility Act of 2000''. SEC. 2. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES. Section 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following: ``(e) Revocation or Suspension of License; Civil Penalties.-- ``(1) Willful violations.--The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of such license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter. ``(2) Transfer of armor piercing ammunition.--The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. ``(3) Compromise, mitigation, or remittance of liability.-- The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. ``(4) Review.--An action of the Secretary under this subsection may be reviewed only as provided in subsection (f). ``(f) Rights of Applicants and Licensees.-- ``(1) In general.--If the Secretary denies an application for a license, or revokes or suspends a license, or assesses a civil penalty under this section, the Secretary shall provide written notice of such denial, revocation, suspension, or assessment to the affected party, which notice shall-- ``(A) state specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed, as applicable; and ``(B) with respect to a notice of a revocation or suspension of a license, be given to the holder of such license before the effective date of the revocation or suspension, as applicable. ``(2) Appeal process.-- ``(A) Hearing.--If the Secretary denies an application for, or revokes or suspends a license, or assesses a civil penalty under this section, the Secretary shall, upon request of the aggrieved party, promptly hold a hearing to review the denial, revocation, suspension, or assessment. A hearing under this subparagraph shall be held at a location convenient to the aggrieved party. ``(B) Notice of decision; appeal.--If, after a hearing held under subparagraph (A), the Secretary decides not to reverse the decision of the Secretary to deny the application, revoke or suspend the license, or assess the civil penalty, as applicable-- ``(i) the Secretary shall provide notice of the decision of the Secretary to the aggrieved party; ``(ii) during the 60-day period beginning on the date on which the aggrieved party receives a notice under clause (i), the aggrieved party may file a petition with the district court of the United States for the judicial district in which the aggrieved party resides or has a principal place of business for a de novo judicial review of such denial, revocation, suspension, or assessment; and ``(iii) in any judicial proceeding pursuant to a petition under clause (ii)-- ``(I) the court may consider any evidence submitted by the parties to the proceeding, regardless of whether or not such evidence was considered at the hearing held under subparagraph (A); and ``(II) if the court decides that the Secretary was not authorized to make such denial, revocation, suspension, or assessment, the court shall order the Secretary to take such actions as may be necessary to comply with the judgment of the court. ``(C) Stay pending appeal.--If the Secretary suspends or revokes a license or assesses a civil penalty under this section, upon the request of the holder of the license, the Secretary shall stay the effective date of the revocation, suspension, or assessment pending an appeal under this paragraph.''. SEC. 3. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''.

Requires the Secretary, upon denying a license application, revoking or suspending a license, or assessing such a civil penalty, to provide written notice of such action to the affected party, which notice shall: (1) state specifically the grounds upon which such action was taken; and (2) with respect to a notice of license revocation or suspension, be given to the holder before the effective date of the revocation or suspension. Sets forth provisions regarding the appeal process, including a hearing, notice of decision and timetable for appeal, and a stay pending appeal. (Sec. 3) Terminates a firearms dealer's license upon the date of conviction (currently, upon the date such conviction becomes final) pursuant to indictment for a crime punishable by imprisonment for a term exceeding one year.

Firearms Dealer Penalty Flexibility Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Stay Protection Act''. SEC. 2. STANDARD RELATING TO HOSPITAL LENGTHS OF STAY. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARD RELATING TO HOSPITAL LENGTHS OF STAY. ``(a) Requirement.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall ensure that inpatient coverage is provided for a period of time as is determined by a physician, in consultation with the patient, to be medically appropriate. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the minimum coverage requirements of subsection (a); ``(2) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to a participant or beneficiary in accordance with this section; ``(3) provide incentives (monetary or otherwise) to a provider to induce such provider to keep the length of inpatient stays of patients below certain levels; or ``(4) require preauthorization for determination of a length of stay. ``(c) Appeals Process and Penalty.--The Secretary, in consultation with the Secretary of Labor shall establish-- ``(1) a process for a participant, enrollee, or beneficiary to appeal the decision of a plan or issuer; and ``(2) a penalty for plans or issuers that violate the provisions of this section. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) Amendments to the employee retirement income security act of 1974.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. STANDARDS FOR HOSPITAL LENGTHS OF STAY. ``(a) Requirement.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall ensure that inpatient coverage is provided for a period of time as is determined by a physician, in consultation with the patient, to be medically appropriate. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the minimum coverage requirements of subsection (a); ``(2) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to a participant or beneficiary in accordance with this section; ``(3) provide incentives (monetary or otherwise) to a provider to induce such provider to keep the length of inpatient stays of patients below certain levels; or ``(4) require preauthorization for determination of a length of stay. ``(c) Appeals Process and Penalty.--The Secretary, in consultation with the Secretary of Health and Human Services shall establish-- ``(1) a process for a participant, enrollee, or beneficiary to appeal the decision of a plan or issuer; and ``(2) a penalty for plans or issuers that violate the provisions of this section. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Conforming and clerical amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standard for hospital lengths of stay.''. (b) Individual Health Insurance.-- (1) In general.--Subpart 3 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2752. STANDARDS FOR HOSPITAL LENGTHS OF STAY. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.-- (1) Group market reforms.-- (A) In general.--The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after January 1, 1999. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before such date, the amendments made by such subsections shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 1999. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by such subsections shall not be treated as a termination of such collective bargaining agreement. (2) Individual market amendments.--The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1999. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Hospital Stay Protection Act - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plans and individual health insurance coverage to establish hospital lengths of stay based on a determination by an appropriate physician in consultation with the patient. Amends the Health Insurance Portability and Accountability Act of 1996 to require related and coordinated regulations under PHSA, ERISA, and the Internal Revenue Code.

Hospital Stay Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landowners Equal Treatment Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares the following: (1) The Secretary of the Interior, through the United States Fish and Wildlife Service, recently demanded and received compensation for the loss of use of federally owned property resulting from constructive use of the property for other public purposes, in an amount of approximately $26,000,000. (2) The Secretary of Transportation has promulgated a regulation allowing for compensation of Federal agencies for the lost use of agency property for public purposes, through a definition of the term ``constructive use'' that includes off- site impacts of Federal agency actions on federally owned property. (3) The Federal Government enjoys no right under the Constitution to compensation for use of Federal agency property for other public purposes, while the rights of private persons to be compensated for the taking of their property by the Government for a public purpose is a fundamental right protected by the Fifth and Fourteenth Amendments to the Constitution. (4) Private property owners should be compensated in a manner that is at least as equitable as the compensation afforded to Federal agencies when their property is used or constructively used for other public purposes. (5) Fair and equitable treatment of private property owners will increase the willingness of private property owners to provide habitat for wildlife and plants protected under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (b) Purpose.--The purpose of this Act is to increase the efforts of private property owners to protect and restore habitat for wildlife, by ensuring that their constitutional and legal property rights will be honored, respected, and protected in the implementation of the Endangered Species Act of 1973. SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end the following new section: ``minimizing impacts on private property ``Sec. 19. (a) In General.--In implementing this Act, the head of an agency shall make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result in Federal use of the property as a direct result of the action of the agency head under this Act or in furtherance of the purposes of this Act. An agency shall not take action that results in a Federal use of non-Federal property under this Act unless the agency-- ``(1) obtains the written permission of its owner; ``(2) negotiates a voluntary agreement authorizing that use; or ``(3) pays compensation in accordance with this section. ``(b) Compensation for Federal Use of Non-Federal Property.--An agency that takes action under this Act or in furtherance of the purposes of this Act that results in a Federal use of non-Federal property or any portion of non-Federal property without the written consent of the owner of the property shall compensate the owner for the fair market value of the Federal use of the property or portion. Compensation paid shall reflect the duration of the Federal use as necessary to achieve the purposes of this Act. ``(c) Request of Owner.--An owner of non-Federal property seeking compensation under this section shall make a written request for compensation to the agency implementing the agency action resulting in the Federal use of property. The request shall, at a minimum, identify the affected portion of the property, the nature of the Federal use of non-Federal property for which the compensation is sought, and the amount of compensation sought. ``(d) Negotiations.--The agency may negotiate with the owner to reach agreement on the amount of the compensation under this section, the terms of any agreement for payment, and the terms of any Federal use of non-Federal property for which compensation is paid. If such an agreement is reached, the agency shall within 6 months pay the owner the amount agreed upon. An agreement under this section may include a transfer of title or an agreement to limit the period of time of the Federal use of non-Federal property. ``(e) Choice of Remedies.--If, not later than 180 days after the written request is made, the parties have not reached an agreement on compensation, the owner of the property may elect binding arbitration or seek compensation due under this section in a civil action. ``(f) Arbitration.--The procedures that govern the arbitration shall, as nearly as practicable, be those established under title 9, United States Code, for arbitration proceedings to which that title applies. An award made in such arbitration shall include a reasonable attorney's fee and other arbitration costs, including appraisal fees. The agency shall promptly pay any award made to the owner. ``(g) Civil Actions.--A civil action to enforce this section may be filed under section 11(g). An owner who prevails in a civil action against the agency pursuant to this section shall be entitled to, and the agency shall be liable for, the amount of compensation awarded plus reasonable attorney's fees and other litigation costs, including appraisal fees. The court shall award interest on the amount of any compensation from the time of the Federal use of non-Federal property. ``(h) Source of Payments.--Any payment made under this section to an owner of property and any judgment obtained by an owner of property in a civil action under this section shall, notwithstanding any other provision of law, be made from the annual appropriation of the agency that took the agency action giving rise to the payment or civil action. If the agency action resulted from a requirement imposed by another agency, then the agency making the payment or satisfying the judgment may seek partial or complete reimbursement from the appropriated funds of the other agency. For this purpose, the head of the agency concerned may transfer or reprogram any appropriated funds available to the agency. If insufficient funds exist for the payment or to satisfy the judgment, it shall be the duty of the head of the agency to seek the appropriation of such funds for the next fiscal year. ``(i) Availability of Appropriations.--Notwithstanding any other provision of law, any obligation of the United States to make any payment under this section shall be subject to the availability of appropriations. ``(j) Duty of Notice to Owners.--An agency may not take any action that is a Federal use of non-Federal property unless the agency has given 30 days notice to each owner of the property directly affected explaining their rights under this section and either obtaining their permission for the Federal use or providing the procedures for obtaining any compensation that may be available under this section. ``(k) Rules of Construction.--The following rules of construction shall apply to this Act: ``(1) Other rights preserved.--Nothing in this Act shall be construed to limit any right to compensation that exists under the Constitution or under other laws. ``(2) Extent of federal authority.--Payment of compensation under this section (other than when property is bought by the Federal Government at the option of the owner) shall not confer any rights on the Federal Government other than the Federal use of non-Federal property agreed to so that the agency action may achieve the species conservation purposes of this Act. ``(l) Definitions.--For the purposes of this section: ``(1) Agency.--The term `agency' has the meaning given that term in section 551 of title 5, United States Code. ``(2) Federal use.--(A) The term `Federal use' means-- ``(i) any action under this Act to-- ``(I) permanently incorporate non-Federal property into a Federal facility; ``(II) place non-Federal property under the control of the Secretary; or ``(III) temporarily occupy non-Federal property in a manner that is adverse to the constitutional right of the owner of the property against taking of the property by the Federal Government; and ``(ii) any constructive use of non-Federal property. ``(B) In this paragraph the term `constructive use' means any action described in subparagraph (C) taken under this Act that results in-- ``(i) substantial diminution in the normal or reasonably expected uses of non-Federal property; ``(ii) a reduction in the fair market value of non- Federal property of 25 percent or more; or ``(iii) in the case of the right to receive water, any diminution in the quantity of water received or available for use. ``(C) The actions referred to in subparagraph (B) are the following: ``(i) The imposition or enforcement of a prohibition of use of non-Federal property the purpose of which is to provide or retain habitat for any species of wildlife or plant determined to be an endangered species or threatened species. ``(ii) A designation of non-Federal property as critical habitat under this Act. ``(iii) The denial of a permit under section 10 that results in the loss of the ability to use non- Federal property in order to provide habitat for wildlife or plants. ``(iv) An agency action pursuant to a reasonable and prudent alternative suggested by the Secretary under section 7, that would cause an agency to restrict the use of non-Federal property. ``(v) The imposition by any governmental entity of a limitation or restriction on an otherwise permissible use of non-Federal property by the owner of the property, as a condition of a Federal agency providing any land, money, permit, or other benefit to the governmental entity, if imposition of the limitation or restriction by the agency directly would constitute a Federal use of non-Federal property under the other provisions of this paragraph, unless the governmental entity has some other legal basis for imposing the limitation or restriction. ``(3) Fair market value.--The term `fair market value' means the most probable price at which property or a right to use property would change hands, in a competitive and open market under all conditions requisite to fair sale, between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, and without regard to the presence of any species protected under this Act. With respect to a right to use property, fair market value shall be determined on or immediately before the exercise of the right. ``(4) Law of the state.--The term `law of the State' includes the law of a political subdivision of a State. ``(5) Non-federal property.--The term `non-Federal property' means property which is owned by a person other than any Federal entity of government. ``(6) Property.--The term `property' means land, an interest in land, the right to use or receive water, and any personal property, as defined under the law of the State.''.

Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat). Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use. Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.

Landowners Equal Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Ready STEM Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Minorities are seriously underrepresented in the science and engineering workforce in the United States, with only 4 percent of the Black population and slightly over 4 percent of the Hispanic population participating in the STEM workforce. (2) The number of degrees awarded in the fields of science, technology, engineering, and math (referred to in this Act as ``STEM'') in the United States is stagnant even though employment projections forecast a 17-percent growth in STEM fields over the next decade. (3) Twenty percent of Black college students enter college with STEM majors, but only 15 percent actually receive a bachelor's degree in a STEM major. (4) Nearly \1/4\ of Black public school students are interested in STEM, but are not proficient in math. (5) Since 1990, mathematic scores on the assessments conducted by the National Assessment of Education Progress have increased for all students, but White students have average scores 26 points higher than Black and Hispanic students. (6) After school programs play an important role in addressing the achievement gap in underserved communities. Studies demonstrate that STEM learning during the school day is necessary but not sufficient for life-long STEM literacy. (7) As many as 8,400,000 students are enrolled in after school programs. Ethnic minority children are more likely than non-minority children to participate in after school programs. While 15 percent of all students are enrolled in after school programs, 24 percent of Black students and 21 percent of Hispanic students are enrolled in such programs. (b) Purpose.--The purpose of this Act is to prepare middle school and secondary school students to be ready for opportunities in the STEM fields in college and in careers through strong after school, summer, and weekend programs that focus on STEM education. SEC. 3. AMENDMENT TO ESEA FOR STEM GRANTS. Title II of the Elementary and Secondary Education Act of 1964 (20 U.S.C. 6601 et seq.) is amended-- (1) in the heading, by inserting ``and stem grants'' after ``partnerships''; (2) by inserting after the heading of part B the following: ``Subpart 1--Math and Science Partnerships''; and (3) by inserting after section 2203 the following new subpart: ``Subpart 2--STEM Grants ``SEC. 2211. PROJECT READY STEM GRANT PROGRAM. ``(a) Authorization.--The Secretary is authorized to award grants, to be known as `Project Ready STEM Program' grants, to national intermediaries to establish after school, summer, and weekend programs that focus on science, technology, engineering, and math (referred to in this section as `STEM') education. ``(b) Application.--A national intermediary seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require, including the following: ``(1) The amount requested and the proposed use of the funds. ``(2) A description of how the national intermediary will require a community-based affiliate operating a Project Ready STEM Program to provide the following: ``(A) A program description, including a description of-- ``(i) the project-based learning that the program will use and the applicability of such projects to students' lives after graduation from secondary school; ``(ii) the academic instruction, research model, or curriculum that the program will use; and ``(iii) any service-learning opportunities that will be available to students. ``(B) Evidence that the Project Ready STEM Program will primarily serve students who are traditionally underrepresented in STEM field careers. ``(C) A description of the student recruitment plan, student retention plan, and parental engagement plan. ``(D) A description of the professional development and training that the community-based affiliate will provide to its Project Ready STEM Program staff. ``(E) A description of the community-based affiliate's collaboration with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 10001)). ``(F) A description of how the community-based affiliate will enable students who participate in the program to achieve the goals in subsection (c). ``(c) Goals.--The goals of the Project Ready STEM Programs are the following: ``(1) To increase awareness of and exposure to current science content, scientific processes, and tools for students who are traditionally underrepresented in STEM field careers. ``(2) To provide STEM learning that is connected to workforce skills that are essential in the 21st century. ``(3) To increase on time grade promotion, the number of students who graduate high school, and the number of students who pursue opportunities in STEM fields. ``(4) To increase enrollment in and completion of more STEM related coursework in school for students who are traditionally underrepresented in STEM field careers. ``(5) To increase awareness of students who are traditionally underrepresented in STEM field careers of the opportunities after graduation from secondary school in STEM fields, including college majors in STEM and careers in STEM. ``(6) For students to have the experience of interacting with staff who demonstrate a positive attitude toward STEM fields. ``(7) To facilitate project-based learning and service- learning. ``(d) Allocation.--A national intermediary that receives a grant under this section shall reserve-- ``(1) not more than 25 percent to provide technical and administrative assistance to and collect data from its community-based affiliates to which it makes subgrants; ``(2) not less than 50 percent for subgrants to community- based affiliates that have demonstrated effectiveness in operating STEM programs in order for such affiliates to expand such STEM programs to reach more students who are traditionally underrepresented in STEM field careers; and ``(3) not less than 25 percent for subgrants to community- based affiliates that do not operate STEM programs in order for such affiliates that seek to develop new STEM programs that are consistent with the goals of this section to develop and establish such new STEM programs. ``(e) Subgrants to Community-Based Affiliates.-- ``(1) Application.--A community-based affiliate seeking a subgrant shall submit an application to its national intermediary at such time, in such form, and containing such information as the national intermediary may reasonably require. ``(2) Uses of funds.--A community-based affiliate that receives a subgrant under this section to operate a Project Ready STEM Program shall operate an after school, summer, or weekend program that focuses on STEM education and primarily serves students who are traditionally underrepresented in STEM field careers. Such program shall include the following: ``(A) Educational services that include-- ``(i) an initial assessment of students' progress in math, science, and reading; ``(ii) remediation and educational enrichment services; and ``(iii) helping students to improve their study skills. ``(B) Project-based learning opportunities. ``(C) Individualized instruction and tracking of student progress that is aligned with in-school performance. ``(3) Collaboration.--A community-based affiliate that receives a subgrant under this section shall collaborate with an institution of higher education to provide the services described in paragraph (2). ``(f) Reports.-- ``(1) Secretary report to congress.--The Secretary shall submit a report annually to the Committee on Education and the Workforce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate on the progress that national intermediaries and their community-based affiliates operating Project Ready STEM Programs have made toward achieving the goals in subsection (c). ``(2) National affiliate report to the secretary.--A national intermediary receiving a grant under this section shall submit a report annually to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the progress that its community-based affiliates operating Project Ready STEM Programs have made toward achieving the goals in subsection (c). ``(3) Community-based affiliate report to its national intermediary.--A community-based affiliate that receives a subgrant under this section shall submit a report annually to the national intermediary that awarded such subgrant at such time, in such manner, and containing such information as the national intermediary may require, including the progress its Project Ready STEM Program has made toward achieving the goals in subsection (c). ``(g) Definitions.--In this section: ``(1) Community-based affiliate.--The term `community-based affiliate' means a community-based organization (as defined in section 9101) that is an affiliate of a national intermediary. ``(2) National intermediary.--The term `national intermediary' means a national private nonprofit organization that-- ``(A) has a network comprised of community-based affiliates in not less than 50 urban communities; ``(B) has demonstrated expertise and effectiveness in overseeing programs to help middle school and secondary school students succeed, including programs to help such students become college-ready and career- ready; and ``(C) has operated in not less than 25 States continuously for not less than 20 years. ``(3) Project-based learning.--The term `project-based learning' means learning through a broad project that includes instruction, substantive content, and reflection, with the goal that students who participate in the project will achieve a concrete goal or complete a project. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section-- ``(1) $20,000,000 for fiscal year 2013; ``(2) $30,000,000 for fiscal year 2014; ``(3) $40,000,000 for fiscal year 2015; and ``(4) $50,000,000 for fiscal year 2016.''.

Project Ready STEM Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to national intermediaries and, through them, subgrants to their community-based affiliates to operate after school, summer, and weekend programs that focus on science, technology, engineering, and math (STEM) education. Defines a "national intermediary" as a national private nonprofit organization that has: (1) a network comprising community-based affiliates in at least 50 urban communities, (2) expertise in overseeing programs to help middle and secondary school students succeed, and (3) operated in at least 25 states continuously for at least 20 years. Requires the STEM programs to primarily serve students who are traditionally underrepresented in STEM field careers, and include project-based learning opportunities and individualized instruction. Directs each subgrantee to collaborate with an institution of higher education in providing such services. Requires grantees to direct at least: (1) 50% of their grant to community-based affiliates that are successfully operating STEM programs so that they can expand them to reach more students traditionally underrepresented in STEM field careers, and (2) 25% of their grant to the development of STEM programs by community-based affiliates not currently operating any.

To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants for science, technology, engineering, and math education programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains Sunset Act''. SEC. 2. 100 PERCENT CAPITAL GAINS DEDUCTION. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 100 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of 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. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rules.-- ``(1) In general.--In the case of a taxable year which includes January 1, 2002-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 2002, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (3)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (4) The first sentence of paragraph (1) of section 170(e) of such Code is amended by striking ``reduced by the sum of--'' and all that follows and inserting ``reduced by the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution).'' (5) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction for capital gains.--The deduction under section 1201 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the deduction under section 1201 shall be taken into account.'' (7) Paragraph (2) of section 468B(b) of such Code is amended by inserting ``the deduction allowed by section 1201 and by'' after ``reduced by''. (8) Paragraph (2) of section 527(b) such Code is hereby repealed. (9) Subparagraph (A) of section 641(d)(2) of such Code is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (10) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (11) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1201 (relating to capital gains deduction) shall not be taken into account.'' (12) 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 1201 (relating to capital gains deduction) shall not be taken into account''. (13) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h), 1201, 1202'' and inserting ``1201''. (14) Paragraph (2) of section 801(a) of such Code is hereby repealed. (15) Subsection (c) of section 831 of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (16)(A) Paragraph (3) of section 852(b) of such Code is amended by striking subparagraph (A). (B) Subparagraph (D) of section 852(b)(3) of such Code is amended-- (i) in clause (i) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed that part of the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only) which he would have received if all of such amount had been distributed as capital gain dividends by the company to the holders of such shares at the close of its taxable year.'', and (ii) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii). (17)(A) Paragraph (2) of section 857(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) There shall be excluded the amount of the net capital gain, if any.'' (B) Paragraph (3) of section 857(b) of such Code is amended by striking subparagraph (A). (C) Subparagraph (C) of section 857(b)(3) of such Code is amended by striking ``the excess described in subparagraph (A)(ii) of this paragraph'' and inserting ``the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only)''. (18) The second sentence of section 871(a)(2) of such Code is amended by striking ``1202'' and inserting ``1201''. (19) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, 59A, or 1201(a)'' and inserting ``section 11, 55, or 59A''. (20)(A) Paragraph (2) of section 904(b) of such Code is amended to read as follows: ``(2) Capital gains.--Taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Paragraph (3) of section 904(b) of such Code is amended by striking subparagraphs (B), (D), and (E) and by redesignating subparagraph (C) as subparagraph (B). (21) Section 1202 of such Code is hereby repealed. (22) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (23) Subsection (b) of section 1381 of such Code is amended by striking ``or 1201''. (24) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (25) Subsection (e) of section 1445 of such Code is amended-- (A) in paragraph (1) by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``the rate specified by the Secretary'', and (B) in paragraph (2) by striking ``35 percent'' and inserting ``the rate specified by the Secretary''. (26) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (27) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (28)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (29) The table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1201. Capital gains deduction.'' (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2001. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) shall apply to taxable years beginning after December 31, 2001. (3) Contributions.--The amendment made by subsection (c)(4) shall apply only to contributions on or after January 1, 2002. (4) Withholding.--The amendment made by subsection (c)(25) shall apply only to amounts paid after the date of the enactment of this Act. (5) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1201 of the Internal Revenue Code of 1986 (as added by this section).

Capital Gains Sunset Act - Amends the Internal Revenue Code to eliminate taxes on capital gains after December 31, 2001.

Capital Gains Sunset Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Reduction Act of 2007''. TITLE I--VIOLENT CRIME AND ANTI-GANG VIOLENCE REFORMS SEC. 101. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY. (a) Offense.--Section 1959(a) of title 18, United States Code, is amended to read as follows: ``(a) Whoever commits, or conspires, threatens, or attempts to commit, a crime of violence for the purpose of furthering the activities of an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in, such an enterprise, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for any other violation of this chapter and in addition to being subject to a fine under this title-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), maiming, or any assault resulting in serious bodily injury be imprisoned for life or any term of years not less than 20; and ``(3) in any other case, be imprisoned for life or for any term of years not less than 10.''. (b) Venue.--Section 1959 of title 18, United States Code, is amended by adding at the end the following: ``(c) A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the crime of violence occurred; or ``(2) any judicial district in which racketeering activity of the enterprise occurred.''. SEC. 102. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME. (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``murder and other violent crimes committed during and in relation to a drug trafficking crime ``Sec. 424. (a) In General.--Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under this title-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), maiming, or any assault resulting in serious bodily injury be imprisoned for life or any term of years not less than 20; and ``(3) in any other case, be imprisoned for life or for any term of years not less than 10. ``(b) Venue.--A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the murder or other crime of violence occurred; or ``(2) any judicial district in which the drug trafficking crime may be prosecuted. ``(c) Definitions.--As used in this section-- ``(1) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; and ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.''. (b) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423, the following: ``Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.''. SEC. 103. INCREASE IN ENHANCED PENALTIES FOR USING OR CARRYING A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``5'' and inserting ``7''; (B) in clause (ii), by striking ``7'' and inserting ``10''; and (C) in clause (i), by striking ``10'' and inserting ``12''; and (2) in subparagraph (B)(i), by striking ``10'' and inserting ``15''. SEC. 104. EXEMPTION FOR OFF DUTY LAW ENFORCEMENT OFFICERS UNDER THE GUN-FREE SCHOOL ZONES ACT. Section 922(q)(2)(B)(vi) of title 18, United States Code, is amended by inserting ``or while off-duty'' before the semicolon. TITLE II--MULTI-JURISDICTIONAL ANTI-GANG TASK FORCES SEC. 201. ASSISTANCE FOR MULTI-JURISDICTIONAL ANTI-GANG TASK FORCES. (a) In General.--The Attorney general, in consultation with appropriate State and local officials, shall-- (1) establish anti-gang task forces, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders; (2) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each task force; (3) provide all necessary funding for the operation of the task force; and (4) provide all necessary funding for national and regional meetings of task forces, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices and for any other related purpose. (b) Membership.--The task forces shall consist of agents and officers, where feasible, from-- (1) the Federal Bureau of Investigation; (2) the Drug Enforcement Administration; (3) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (4) the United States Marshals Service; (5) the Directorate of Border and Transportation Security of the Department of Homeland Security; (6) the Department of Housing and Urban Development; (7) State and local law enforcement; and (8) Federal, State, and local prosecutors. (c) Authorization of Appropriations.--There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2011 to carry out this section.

Violent Crime Reduction Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for violent crimes committed to further racketeering activities; (2) increase penalties for using or carrying a firearm while committing a crime of violence or a drug trafficking crime; and (3) grant to off-duty law enforcement officers an exemption from the prohibition against possessing a firearm in a school zone. Amends the Controlled Substances Act to impose enhanced criminal penalties for committing a crime of violence (i.e., murder, kidnapping, aggravated sexual abuse, maiming, or assault resulting in serious bodily injury) during and in relation to a drug trafficking crime. Directs the Attorney General to establish and assist anti-gang task forces comprised of federal, state, and local law enforcement authorities to combat criminal gangs and offenders.

To amend title 18, United States Code, to prevent gang crime, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and AIDS Research Initiative Amendments of 1993''. SEC. 2. ESTABLISHMENT OF GENERAL PROGRAM OF RESEARCH REGARDING WOMEN AND ACQUIRED IMMUNE DEFICIENCY SYNDROME. Part B of title XXII of the Public Health Service Act (42 U.S.C. 800cc-11 et seq.) is amended by adding at the end the following section. ``SEC. 2321. RESEARCH REGARDING WOMEN. ``(a) In General.--With respect to cases of infection with the human immunodeficiency virus, the Secretary shall establish a program for the purpose of conducting biomedical and behavioral research on such cases in women, including research on the prevention of such cases. The Secretary may conduct such research directly, and may make grants to public and nonprofit private entities for the conduct of the research. ``(b) Certain Forms of Research.--In carrying out subsection (a), the Secretary shall provide for research on-- ``(1) the manner in which the human immunodeficiency virus is transmitted to women, including the relationship between cases of infection with such virus and other cases of sexually transmitted diseases, and clinical trials which examine the question of the how the level of HIV infection can be prevented by finding and treating sexually transmitted diseases in women; ``(2) measures for the prevention of exposure to and the transmission of such virus, including research on-- ``(A) the prevention of any sexually transmitted disease that may facilitate the transmission of the virus; ``(B) rapid, inexpensive, easy-to-use sexually transmitted disease diagnostic tests for women; ``(C) inexpensive single dose therapy for treatable sexually transmitted diseases; ``(D) the development of methods of prevention for use by women; and ``(E) the development and dissemination of prevention programs and materials whose purpose is to reduce the incidence of substance abuse among women; ``(3) the development and progression of symptoms resulting from infection with such virus, including research regarding gynecological infections as well as breast changes, hormonal changes, and menses and menopause changes, whose occurrence becomes probable as a result of the deterioration of the immune system; ``(4) the treatment of cases of such infection, including clinical research; and ``(5) behavioral research on the prevention of such cases and research on model educational programs for such prevention. ``(c) Clinical Trials.-- ``(1) Gynecological evaluations.--In clinical trials under this title in which women participate as subjects, the Secretary shall ensure that-- ``(A) each female subject who is infected with the human immunodeficiency virus-- ``(i) undergoes a gynecological examination as part of the evaluation of the medical status of the woman prior to participation in the trial; and ``(ii) receives appropriate follow-up services regarding such examination; and ``(B) the results of the gynecological examinations are analyzed to determine the relationship between gynecological conditions and the infection with such virus. ``(2) Standard treatments for gynecological conditions.-- The Secretary shall conduct or support clinical trials under subsection (a) to determine whether standard methods of treating gynecological conditions are effective in the case of such conditions that arise as a result of infection with the human immunodeficiency virus. ``(3) Effectiveness of certain treatment protocols.--With respect to cases of infection with the human immunodeficiency virus, the Secretary shall conduct or support clinical trials under subsection (a) to determine whether treatment protocols approved for men with such cases are effective for women with such cases. ``(4) Support services.-- ``(A) In conducting or supporting clinical trials under this title in which women participate as subjects, the Secretary shall provide the women with such transportation, child care, and other support services (including medical and mental health services, treatment for drug abuse, and social services), including services addressing domestic violence as may be necessary to enable the women to participate as such subjects. ``(B) Services under subparagraph (A) shall include services designed to respond to the particular needs of women with respect to participation in clinical trials under this title, including, as appropriate, training of the individuals who conduct the trials. ``(d) Prevention Programs.-- ``(1) Sexual transmission.-- ``(A) With respect to preventing the sexual transmission of the human immunodeficiency virus, the Secretary shall conduct or support research under subsection (a) on barrier methods for the prevention of sexually transmitted diseases, including HIV disease, that women can use without their sexual partner's cooperation or knowledge. ``(B) In carrying out subparagraph (A), the Secretary shall give priority to identified research needs and opportunities identified at the National Institutes of Health sponsored meeting on Development of Topical Microbicides that was held in May of 1993, including research on-- ``(i) the early stages in infectious processes; ``(ii) the identification, formulation and preclinical evaluation of new preparations; ``(iii) clinical testing for safety and efficacy; and ``(iv) studies concerning the acceptability and compliance of safe, effective microbicides. ``(2) Epidemiological research.--The Secretary shall conduct or support epidemiological research under subsection (a) to determine the factors of risk regarding infection with the human immunodeficiency virus that are particular to women, including research regarding-- ``(A) the use of various contraceptive methods; ``(B) the use of tampons; ``(C) the relationship between such infection and other sexually transmitted diseases; ``(D) the relationship between such infection and various forms of substance abuse (including use of the form of cocaine commonly known as crack); and ``(E) the relationship between such infection and sexual activity. ``(e) Interagency Study.--With respect to the study being carried out by the Secretary (as of June 1993) through various agencies of the Public Health Service for the purpose of monitoring the progression in women of infection with the human immunodeficiency virus, and determining whether such progression is different in women than in men, which study is known as the Women's Interagency HIV Study, the following applies: ``(1) The Secretary shall ensure that not less than 5,000 women with such infection are included in the study. ``(2) The Secretary shall provide for an increase in the number of sites at which the study is to be conducted. ``(3) The Secretary shall ensure that the study period is for a minimum of 8 years. ``(4) With respect to the human cells commonly known as CD4 cells, the Secretary shall ensure that the study adequately addresses the relationship between the number of such cells and other markers in women with such infection and the development of serious illnesses in such women. For purposes of the preceding sentence, the study shall address gynecological conditions, and other conditions particular to women, that are not currently included in the list of conditions arising from such infection that, for surveillance purposes, is maintained by the Director of the Centers for Disease Control and Prevention. ``(f) Definition.--For purposes of this section, the term `human immunodeficiency virus' means the etiologic agent for acquired immune deficiency syndrome. ``(g) Authorizations of Appropriations.-- ``(1) Clinical trials.-- ``(A) For the purpose of carrying out subsection (c)(1), there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996. ``(B) For the purpose of carrying out subsection (c)(2), there are authorized to be appropriated $10,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996. ``(C) For the purpose of carrying out subsection (c)(3), there are authorized to be appropriated $10,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996. ``(D) For the purpose of carrying out subsection (c)(4), there are authorized to be appropriated $15,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ``(2) Prevention programs.-- ``(A) For the purpose of carrying out subsection (d)(1), there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996. ``(B) For the purpose of carrying out subsection (d)(2), there are authorized to be appropriated $10,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996. ``(3) Interagency study.--For the purpose of carrying out subsection (e), there are authorized to be appropriated $15,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1996.''.

Women and AIDS Research Initiative Amendments of 1993 - Amends the Public Health Service Act to establish a program to conduct or support biomedical and behavioral research on cases of infection with the human immunodeficiency virus (HIV) in women. Regulates clinical trials with women subjects. Mandates the conduct or support of: (1) clinical trials regarding the effectiveness of standard gynecological treatments in treating conditions arising from HIV infection; (2) clinical trials regarding whether the treatment protocols approved for men with HIV infection are effective for women with HIV infection; (3) research on barrier methods for the prevention of sexually transmitted diseases that women can use without their sexual partner's cooperation or knowledge; and (4) epidemiological research to determine HIV risk factors particular to women. Mandates support services for women in clinical trials. Regulates the Women's Interagency HIV Study. Authorizes appropriations.

Women and AIDS Research Initiative Amendments of 1993

SECTION 1. AUTHORIZATION. Subject to section 2 and in accordance with the provisions of this Act, the Secretary of the Interior is authorized and directed to execute and implement the ``Contract Among the United States Bureau of Reclamation, the California Department of Water Resources, and the South Delta Water Agency'' dated August 28, 1990 (hereafter in this Act referred to as the ``contract''). SEC. 2. IMPLEMENTATION OF THE CONTRACT. (a) Conditions.--The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') may not implement the construction of permanent barriers pursuant to the contract until after the following: (1) Environmental studies.--A final environmental impact statement and environmental impact report is prepared pursuant to the provisions of the National Environmental Policy Act of 1969 and the California Environmental Quality Act and is certified by the appropriate lead agencies, and, if necessary, the permanent barriers are modified or the contract amended to address issues identified as part of the environmental review process. (2) Testing program.--Notwithstanding any other provision of the contract, the testing program called for in the contract is continued for a period determined by the Secretary to be sufficient to establish, from analysis of the testing data, that the South Delta barrier facilities are likely to have the desired water level, circulation, and quality results anticipated at the time the contract was negotiated. (b) Applicable Laws; Monitoring Program.--Construction, operation, and maintenance of the temporary South Delta barrier facilities associated with the testing program referred to in subsection (a)(2) shall be in accordance with all applicable laws and regulations. The Secretary shall develop an environmental monitoring program with the assistance of and in coordination with the California Department of Fish and Game, the California Department of Water Resources, the United States Fish and Wildlife Service, and the National Marine Fisheries Service, which shall be in place during construction, operation, and maintenance of the temporary barrier facilities. (c) Interim Flows.--The interim water flows provided for in the contract shall not limit any existing or future obligation of the Secretary to provide additional instream flow releases from New Melones Reservoir for fish and wildlife purposes or other environmental purposes. This subsection does not create any new or additional authority that is or may otherwise be provided under applicable law. To the extent possible, water flows provided under the contract and for fishery purposes shall be released on a schedule which maximizes the efficiency of use of water allocated for water quality and fishery benefits and shall be made in coordination with the California Department of Fish and Game. (d) Compatibility With Old River Barrier.--The Secretary shall determine whether the barrier at the head of the Old River in the Sacramento/San Joaquin Delta, authorized in section 3406(b)(15) of the Central Valley Project Improvement Act (106 Stat. 4719), can be constructed and operated in a manner compatible with the South Delta barriers called for in the contract and whether the barrier facilities in the contract are likely to have the desired water level, circulation, and quality results anticipated at the time the contract was negotiated. (e) Contract Amendments.-- (1) Required by environmental analysis.--If necessary, the contract shall be amended to incorporate the changes required by the results from the environmental and other studies and testing referred to in this section. Any such amendment shall not increase the payment obligations of the South Delta Water Agency. (2) San joaquin river water quantity and quality.--In negotiating the contract amendment in accordance with Article 4.b. of the contract, the Secretary shall consider-- (A) the activities and recommendations of other programs for the improvement of flows and reduction of salinity and toxic trace element discharges and concentrations in the San Joaquin River Basin for fish and wildlife and other purposes and for the attainment of all applicable water quality standards, including nondegradation requirements; and (B) recommendations contained in the final report of the San Joaquin Valley Drainage Program dated September 1990. (3) Minimized alteration of activities and recommendations.--The Secretary shall attempt to minimize any necessary alteration required by the contract amendment of the activities and recommendations referred to in paragraph (2). SEC. 3. COSTS. (a) Allocation.-- (1) In general.--Except as provided by subsection (b), the costs of implementing the contract authorized by section 1 shall be allocated among the United States, the California Department of Water Resources, and the South Delta Water Agency in accordance with the provisions of Article 6 of the contract. (2) Limitation on expenditures by united states.--In no event shall expenditures made by the United States for construction exceed 50 percent of the actual construction costs incurred pursuant to Article 6 of the contract. (3) Effect of availability of certain funds.--In the event that funds become available from the California State General Fund, from related water development mitigation agreements, or as the result of legislation enacted providing for (A) reimbursement of the incremental costs of the facilities attributable to changes in design or construction for the benefit of fisheries or navigation, or (B) the mitigation of impacts caused by other upstream water users or waste dischargers, such funds shall be applied to the overall cost of implementing the contract, thereby evenly reducing the shares paid by the United States and the California Department of Water Resources. (4) Operation and monitoring costs.--The costs incurred by the United States for operation and maintenance, including monitoring, shall not exceed 50 percent of the actual operation and maintenance costs. (5) Allocation of united states costs.--The costs incurred by the United States for construction and for operation and maintenance shall be allocated by the Secretary among the reimbursable and nonreimbursable purposes of the Central Valley Project for purposes of repayment in accordance with the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts supplementary thereto and amendatory thereof). (6) Payments by south delta water agency.--Any payment to the United States made by the South Delta Water Agency pursuant to Article 6.f. of the contract shall be used for the further implementation of the contract. (b) Costs Associated With Barrier at Head of Old River.-- Notwithstanding subsection (a), the costs associated with the barrier at the head of Old River shall be consistent with section 3406(b)(15) of the Central Valley Project Improvement Act (106 Stat. 4719). (c) Treatment of Costs Incurred.--The costs incurred with respect to items covered by the contract, both before and after the date of execution of the contract, including interest, shall be included in the total for the purposes of determining the share of the United States of construction, operation, and maintenance costs. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Environmental, Testing, and Construction.--There is authorized to be appropriated-- (1) $30,000,000 for the share of the costs of the United States pursuant to Article 6 of the contract, including environmental, testing, construction, and repayment of the share of the United States of past costs incurred by the State of California in developing the program set forth in the contract; and (2) such sums as may be necessary for operation and maintenance. (b) Contract Amendment.--There is authorized to be appropriated such funds as are necessary to negotiate an amendment to the contract in accordance with Article 4.b. of the contract. Nothing in this Act provides authorization for implementation of any amendment negotiated pursuant to Article 4.b. of the contract that is not otherwise authorized. (c) Availability.--Appropriations pursuant to this Act are authorized to remain available until expended without any fiscal year limitation but appropriations for construction of permanent barriers may not be expended until the conditions set forth in section 2(a) are completed.

Directs the Secretary of the Interior to implement a contract for the design, construction, operation, and maintenance of facilities in the South Delta, California. Provides implementation conditions, including requirements regarding: (1) environmental studies; (2) a Delta barrier facilities testing and monitoring program; (3) interim water flow; and (4) compatibility with the nearby Old River barrier. Sets forth conditions for cost sharing under such contract among the United States, the California Department of Water Resources, and the South Delta Water Agency. Authorizes appropriations.

To authorize the Secretary of the Interior to cooperate and assist in environmental and other studies and to execute and implement a contract for the design, construction, operation, and maintenance of facilities in the South Delta, California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prenatally Diagnosed Condition Awareness Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Pregnant women who choose to undergo prenatal genetic testing should have access to timely, scientific, and nondirective counseling about the conditions being tested for and the accuracy of such tests, from health care professionals qualified to provide and interpret these tests. Informed consent is a critical component of all genetic testing. (2) A recent, peer-reviewed study and two reports from the Centers for Disease Control and Prevention on prenatal testing found a deficiency in the data needed to understand the epidemiology of prenatally diagnosed conditions, to monitor trends accurately, and to increase the effectiveness of health intervention. (b) Purposes.--It is the purpose of this Act, after the diagnosis of a fetus with Down syndrome or other prenatally diagnosed conditions, to-- (1) increase patient referrals to providers of key support services for women who have received a positive test diagnosis for Down syndrome, or other prenatally diagnosed conditions, as well as to provide up-to-date, science-based information about life-expectancy, development potential, and quality of life for a child born with Down syndrome or other prenatally diagnosed condition; (2) provide networks of support through a Centers for Disease Control and Prevention patient and provider outreach program; (3) improve available data by incorporating information directly revealed by prenatal testing into existing State-based surveillance programs for birth defects and prenatally diagnosed conditions; and (4) ensure that patients receive up-to-date, scientific information about the accuracy of the test. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS. ``(a) Definitions.--In this section: ``(1) Down syndrome.--The term `Down syndrome' refers to a chromosomal disorder caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. ``(2) Health care provider.--The term `health care provider' means any person or entity required by State or Federal law or regulation to be licensed, registered, or certified to provide health care services, and who is so licensed, registered, or certified. ``(3) Prenatally diagnosed condition.--The term `prenatally diagnosed condition' means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures. ``(4) Prenatal test.--The term `prenatal test' means diagnostic or screening tests offered to pregnant women seeking routine prenatal care that are administered on a required or recommended basis by a health care provider based on medical history, family background, ethnic background, previous test results, or other risk factors. ``(b) Information and Support Services.--The Secretary, acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, or the Administrator of the Health Resources and Services Administration, may authorize and oversee certain activities, including the awarding of grants, contracts, or cooperative agreements, to-- ``(1) collect, synthesize, and disseminate current scientific information relating to Down syndrome or other prenatally diagnosed conditions; and ``(2) coordinate the provision of, and access to, new or existing supportive services for patients receiving a positive test diagnosis for Down syndrome or other prenatally diagnosed conditions, including-- ``(A) the establishment of a resource telephone hotline and Internet website accessible to patients receiving a positive test result; ``(B) the establishment of a clearinghouse of scientific information, clinical course, life expectancy, development potential, and quality of life relating to Down syndrome or other prenatally diagnosed conditions; ``(C) the establishment of national and local peer- support programs; ``(D) the establishment of a national registry, or network of local registries, of families willing to adopt newborns with Down syndrome or other prenatally diagnosed conditions, and links to adoption agencies willing to place babies with Down syndrome or other prenatally diagnosed conditions, with families willing to adopt; and ``(E) the establishment of awareness and education programs for health care providers who provide the results of prenatal tests for Down syndrome or other prenatally diagnosed conditions, to patients, consistent with the purpose described in section 2(b)(1) of the Prenatally Diagnosed Condition Awareness Act of 2007. ``(c) Data Collection.-- ``(1) Provision of assistance.--The Secretary, acting through the Director of Centers for Disease Control and Prevention, shall provide assistance to State and local health departments to integrate the results of prenatal testing into State-based vital statistics and birth defects surveillance programs. ``(2) Activities.--The Secretary shall ensure that activities carried out under paragraph (1) are sufficient to extract population-level data relating to national rates and results of prenatal testing. ``(d) Provision of Information by Providers.--The Secretary shall ensure that in the case of a health care provider that performs prenatal tests for Down syndrome or other prenatally diagnosed conditions, such provider is eligible to participate in an activity carried out under subsection (b) or (c) only if such provider (or a designee of such provider) provides assurances satisfactory to the Secretary that upon receipt of a positive test result from such a test performed on a patient, the provider (or designee) will provide the patient with the following: ``(1) Up-to-date, scientific, written information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for a fetus diagnosed with or child born with Down syndrome or other prenatally diagnosed conditions. ``(2) Referral to supportive services providers, including information hotlines specific to Down syndrome or other prenatally diagnosed conditions, resource centers or clearinghouses, and other education and support programs as described in subsection (b)(2). ``(e) Privacy.-- ``(1) In general.--Notwithstanding subsections (c) and (d), nothing in this section shall be construed to permit or require the collection, maintenance, or transmission, without the health care provider obtaining the prior, written consent of the patient, of-- ``(A) health information or data that identify a patient, or with respect to which there is a reasonable basis to believe the information could be used to identify the patient (including a patient's name, address, healthcare provider, or hospital); and ``(B) data that are not related to the epidemiology of the condition being tested for. ``(2) Guidance.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish guidelines concerning the implementation of paragraph (1) and subsection (d). ``(f) Reports.-- ``(1) Implementation report.--Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit to Congress a report concerning the implementation of the guidelines described in subsection (e)(2). ``(2) GAO report.--Not later than 1 year after the date of the enactment of this section, the Government Accountability Office shall submit to Congress a report concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2008 through 2012.''.

Prenatally Diagnosed Condition Awareness Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through either the Director of the National Institutes of Health (NIH), the Director of the Centers for Disease Control and Prevention (CDC), or the Administrator of the Health Resources and Services Administration (HRSA), to authorize and oversee certain activities relating to Down syndrome or other prenatally diagnosed conditions, including the awarding of grants, contracts or cooperative agreements to: (1) collect, synthesize, and disseminate current scientific information; and (2) coordinate the provision of, and access to, supportive services for patients affected, which shall include a telephone hotline, an information clearinghouse, peer-support programs, and registries of families willing to adopt children affected by such conditions. Requires the Secretary, acting through the Director of CDC, to provide assistance to state and local heath departments to integrate the results of prenatal testing into state-based vital statistics and birth defects surveillance programs. Directs the Secretary to ensure that a provider is only able to participate in activities under this Act if it provides assurances that it will provide a patient receiving a positive result from a prenatal test with certain information, including: (1) up-to-date scientific information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for a fetus diagnosed with, or a child born with, such conditions; and (2) referrals to supportive service providers. Requires the Government Accountability Office (GAO) to submit a report to Congress concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities.

To amend the Public Health Service Act to increase the provision of scientifically sound information and support services to patients receiving a positive test diagnosis for Down syndrome or other prenatally diagnosed conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drain the Swamp Act of 2017''. SEC. 2. 5-YEAR POST-EMPLOYMENT BAN ON LOBBYING OF EXECUTIVE AND LEGISLATIVE BRANCH BY ALL FORMER GOVERNMENT OFFICIALS. (a) 5-Year Post-Employment Ban on Lobbying of Executive and Legislative Branch.-- (1) Lobbying by former executive branch officials.-- (A) In general.--Paragraph (1) of section 207(c) of title 18, United States Code, is amended to read as follows: ``(1) Restrictions.-- ``(A) In general.--In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 5 years after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any individual described in subparagraph (B) on behalf of any other person (except the United States) in connection with any matter on which such other person seeks official action by such individual, shall be punished as provided in section 216 of this title. ``(B) Individuals described.--An individual described in this subparagraph is any of the following: ``(i) An officer or employee of the executive branch of the United States (including an independent agency). ``(ii) A Member of Congress. ``(iii) An elected officer of the Senate or an employee of the Senate. ``(iv) An elected officer of the House of Representatives or an employee of the House of Representatives. ``(v) An employee of any other legislative office of the Congress.''. (B) Description of former executive branch officials subject to ban.--Subparagraph (A) of section 207(c)(2) of such title is amended-- (i) by striking ``or'' at the end of clause (iv); (ii) by striking the period at the end of clause (v) and inserting ``; or''; and (iii) by adding at the end the following new clauses: ``(vi) serves in the position of Vice President of the United States; ``(vii) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule; or ``(viii) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3.''. (C) Elimination of separate 2-year ban for senior executive branch officials.--Section 207 of such title is amended by striking subsection (d). (D) Conforming amendments.--Section 207 of such title is amended-- (i) in subparagraph (A) of subsection (c)(2), by striking ``(other than a person subject to the restrictions of subsection (d))''; (ii) by amending paragraph (3) of subsection (c) to read as follows: ``(3) Members of the independent payment advisory board.-- Paragraph (1) shall apply to a member of the Independent Payment Advisory Board under section 1899A of the Social Security Act.''; (iii) in paragraph (9) of subsection (e), by striking ``As used in this subsection'' and inserting ``As used in this section''; (iv) in paragraph (1) of subsection (f), by striking ``subsection (c), (d), or (e)'' and inserting ``subsection (c) or (e)''; (v) in subparagraph (A) of subsection (i)(1), by striking ``subsections (a), (c), and (d),'' and inserting ``subsections (a) and (c),''; (vi) in subsection (j), by striking ``subsections (c), (d), and (e)'' each place it appears in paragraph (2), subparagraph (A) of paragraph (7), and subparagraph (B)(ii) of paragraph (7); and (vii) in paragraph (5) of subsection (j), by striking ``subsections (a), (c), and (d)'' and inserting ``subsections (a) and (c)''. (2) Lobbying by former members and employees of congress and other legislative branch officials.-- (A) In general.--Section 207(e) of such title is amended by striking paragraphs (1) through (6) and inserting the following: ``(1) Restrictions described.-- ``(A) In general.--Any person who is a covered legislative branch official and who, within 5 years after leaving office or the termination of his or her service or employment as such an official, knowingly makes, with the intent to influence, any communication to or appearance before any individual described in subparagraph (C) on behalf of any other person (except the United States) in connection with any matter on which such other person seeks official action by such individual, shall be punished as provided in section 216 of this title. ``(B) Covered legislative branch official described.--In this paragraph, a `covered legislative branch official' is any of the following individuals: ``(i) A Member of Congress. ``(ii) An elected officer of the Senate or an elected officer of the House of Representatives. ``(iii) An employee of the Senate or an employee of the House of Representatives to whom paragraph (2)(A) applies. ``(iv) An employee of any other legislative office of the Congress to whom paragraph (2)(B) applies. ``(C) Individuals described.--An individual described in this subparagraph is any of the following: ``(i) An officer or employee of the executive branch of the United States (including an independent agency). ``(ii) A Member of Congress. ``(iii) An elected officer of the Senate or an employee of the Senate. ``(iv) An elected officer of the House of Representatives or an employee of the House of Representatives. ``(v) An employee of any other legislative office of the Congress.''. (B) Conforming amendments.--Section 207(e) of such title is amended-- (i) by redesignating paragraphs (7), (8), and (9) as paragraphs (2), (3), and (4); (ii) in subparagraph (A) of paragraph (2) (as so redesignated), by striking ``The restrictions contained in paragraphs (2), (3), (4), and (5) apply only to acts by a former employee'' and inserting the following: ``The restrictions contained in paragraph (1) apply only to acts by a former employee of the Senate or a former employee of the House of Representatives''; (iii) in subparagraph (B) of paragraph (2) (as so redesignated), by striking ``The restrictions contained in paragraph (6) apply only to acts by a former employee'' and inserting the following: ``The restrictions contained in paragraph (1) apply only to acts by a former employee of any other legislative office of the Congress''; and (iv) in subparagraph (G) of paragraph (4) (as so redesignated), by striking ``any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), (4), or (5) of this subsection'' and inserting the following: ``and any other officer or employee of the legislative branch who is not an employee of the House of Representatives or an employee of the Senate''. (b) Conforming Amendments to Other Post-Employment Restrictions.-- (1) Switching sides on matters under official responsibility.--Paragraph (2) of section 207(a) of such title is amended-- (A) in the heading, by striking ``Two-year'' and inserting ``5-year''; and (B) by striking ``within 2 years'' and inserting ``within 5 years''. (2) Representations in treaty or trade negotiations.-- Paragraph (1) of section 207(b) of such title is amended by striking ``for a period of 1 year'' and inserting ``for a period of 5 years''. (3) Representation of foreign entities.--Paragraph (1) of section 207(f) of such title is amended by striking ``within 1 year'' and inserting ``within 5 years''. (c) Effective Date.--The amendments made by this section shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves a position to which subsection (a), (b), (c), or (e) of section 207 of title 18, United States Code, as amended by this section, applies. SEC. 3. LIFETIME BAN ON LOBBYING ON BEHALF OF FOREIGN GOVERNMENTS FOR SENIOR EXECUTIVE BRANCH OFFICIALS. (a) Lifetime Ban.--Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3) Special rule for very senior personnel of the executive branch and independent agencies.-- ``(A) Lifetime ban.--With respect to an individual described in subparagraph (B), the restrictions described in paragraph (1) shall apply to representing, aiding, or advising foreign entities at any time after the termination of that individual's service in a position described in such subparagraph. ``(B) Personnel described.--An individual described in this subparagraph is any individual who-- ``(i) serves in the position of Vice President of the United States; ``(ii) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule; or ``(iii) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves a position to which section 207(f)(3) of title 18, United States Code, as added by subsection (a), applies. SEC. 4. REVISIONS TO TYPES OF LOBBYING SUBJECT TO LOBBYING DISCLOSURE ACT OF 1995. (a) Treatment of Consulting and Advising as Lobbying Activity.-- Section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended by striking ``preparation and planning'' and inserting ``consulting and advising, preparation and planning''. (b) Increase in Threshold for Qualification for Exemption From Lobbying Registration and Disclosure Requirements for Individuals Providing Limited Lobbying Services for Clients.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended by striking ``less than 20 percent of the time'' and inserting ``less than 10 percent of the time''. (c) Effective Date.--The amendments made by this section shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. SEC. 5. PROHIBITING SOLICITATION BY FOREIGN NATIONALS OF CAMPAIGN CONTRIBUTIONS, EXPENDITURES, DISBURSEMENTS. (a) Prohibition.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended by striking ``to make'' each place it appears and inserting ``to make or solicit''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to solicitations made on or after the date of the enactment of this Act.

Drain the Swamp Act of 2017 This bill increases the ban on certain former executive branch officials, Members of Congress, and legislative staff within five years of termination of employment to knowingly make, with the intent to influence, any communication or appearance before an officer or employee of the executive branch, a Member of Congress or their staff, or any other legislative office on behalf of any other person (except the United States). The bill establishes penalties for such violations. The bill eliminates a similar two-year ban on certain senior executive branch officials. The bill creates a lifetime ban on certain senior personnel of the executive branch (including independent agencies) from representing, aiding, or advising foreign entities. The bill broadens the definition of lobbying activities in the Lobbying Disclosure Act of 1995 to also include consulting and advising. The bill amends the definition of lobbyist in the Lobbying Disclosure Act of 1995 to include individuals who spend at least 10% of their time engaged in lobbying services to one client in a 3-month period. The scope of prohibitions on foreign nationals is expanded to include soliciting a contribution or donation in connection with a federal, state, or local election; to a political party; or for an electioneering communication.

Drain the Swamp Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Proposed Revenue Amendments Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed revenue amendments ``Sec. 1013. (a) Proposed Amendments to the Internal Revenue Code of 1986.--The President may propose, at the time and in the manner provided in subsection (b), the repeal of any provisions of the Internal Revenue Code. ``(b) Transmittal of Special Message.--Not later than 3 days after the date of enactment of a law amending the Internal Revenue Code of 1986, the President may transmit to Congress a special message proposing to repeal any amendments contained in that law and include with that special message a draft bill or joint resolution that, if enacted, would only repeal those amendments. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the law involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the Committee on Ways and Means or the Committee on Finance, as the case may be. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the committee fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the Committee on Ways and Means or the Committee on Finance, as the case may be. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Definitions.--For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012 or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)(B), by striking ``1013'' and inserting ``1014''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed revenue amendments.''. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 1994 on which Congress adjourns sine die.

Expedited Consideration of Proposed Revenue Amendments Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President, not later than three days after the enactment of a law amending the Internal Revenue Code, to propose the repeal of any provision contained in that law by special message to the Congress. Sets forth House and Senate procedures for expedited consideration of such a proposal.

Expedited Consideration of Proposed Revenue Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon and Fisheries Predation Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through the lower Columbia River. (2) The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs, as they are integral to the region's culture and economy. (3) The Columbia River treaty tribes retain important rights with respect to salmon and steelhead. (4) Federal, State, and tribal governments have spent billions of dollars to assist the recovery of Columbia River salmon and steelhead populations. (5) One of the factors impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 6- fold over the last 3 decades, and is currently greater than 250,000 animals. (7) In recent years, more than 1,000 California sea lions have been foraging in the lower 145 miles of the Columbia River up to Bonneville Dam during the peak spring salmonid run before returning to the California coast to mate. (8) The percentage of the spring salmonid run that has been eaten or killed by California sea lions at Bonneville Dam has increased 7-fold since 2002. (9) In recent years, California sea lions have with greater frequency congregated near Bonneville Dam and have entered the fish ladders. (10) These California sea lions have not been responsive to extensive hazing methods employed near Bonneville Dam to discourage this behavior. (11) The process established under the 1994 amendment to the Marine Mammal Protection Act of 1972 to address aggressive sea lion behavior is protracted and will not work in a timely enough manner to protect threatened and endangered salmonids in the near term. (12) In the interest of protecting Columbia River threatened and endangered salmonids, a temporary expedited procedure is urgently needed to allow removal of the minimum number of California sea lions as is necessary to protect the passage of threatened and endangered salmonids in the Columbia River and its tributaries. (13) On December 21, 2010, the independent Pinniped-Fishery Interaction Task Force recommended lethally removing more of the California sea lions in 2011. (14) On August 18, 2011, the States of Washington, Oregon, and Idaho applied to the National Marine Fisheries Service, under section 120(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of sea lions that the States determined are having a ``significant negative impact'' on the recovery of Columbia River and Snake River salmon and steelhead. (15) On September 12, 2011, the National Marine Fisheries Service announced it was accepting the States' application for lethal removal of sea lions and that it would reconvene the Pinniped-Fishery Interaction Task Force to consider the States' application. This Act will ensure the necessary authority for permits under the Marine Mammal Protection Act of 1972 to be issued in a timely fashion. (16) During a June 14, 2011, hearing, the Committee on Natural Resources of the House of Representatives received testimony from State and tribal witnesses expressing concern that significant pinniped predation of important Northwest fish resources other than salmonids is severely impacting fish stocks determined by both Federal and State fishery management agencies to be at low levels of abundance, and that this cannot be addressed by section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389), which as in effect before the enactment of this Act restricted control of predatory pinnipeds' impact only with respect to endangered salmonids. SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER NONLISTED FISH SPECIES. Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended by striking subsection (f) and inserting the following: ``(f) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River or Its Tributaries.-- ``(1) Removal authority.--Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River and its tributaries of sea lions that are part of a healthy population that is not listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), to protect endangered and threatened species of salmon and other nonlisted fish species. ``(2) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary for a permit under this subsection. ``(B) Deadline for consideration of application.-- The Secretary shall approve or deny an application for a permit under this subsection by not later than 30 days after receiving the application. ``(C) Duration of permit.--A permit under this subsection shall be effective for no more than one year after the date it is issued, but may be renewed by the Secretary. ``(3) Limitations.-- ``(A) Limitation on permit authority.--Subject to subparagraph (B), a permit issued under this subsection shall not authorize the lethal taking of more than 10 sea lions during the duration of the permit. ``(B) Limitation on annual takings.--The cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed one percent of the annual potential biological removal level. ``(4) Delegation of permit authority.--Any eligible entity may delegate to any other eligible entity the authority to administer its permit authority under this subsection. ``(5) NEPA.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this subsection and the issuance of any permit under this subsection during the 5-year period beginning on the date of the enactment of this subsection. ``(6) Suspension of permitting authority.-- ``If, 5 years after enactment, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, may suspend the issuance of permits under this subsection. ``(7) Eligible entity defined.--In this subsection, the term `eligible entity' means each of the State of Washington, the State of Oregon, the State of Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority; (2) permit holders exercising lethal removal authority pursuant to the amendment made by this Act should be trained in wildlife management; and (3) the Federal Government should continue to fund lethal and nonlethal removal measures for preventing such predation. SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES. Nothing in this Act or the amendment made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe.

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Endangered Salmon and Fisheries Predation Prevention Act - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to issue one-year permits to Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission for the lethal taking on the waters of the Columbia River or its tributaries of sea lions that are part of a healthy population that is not listed as an endangered species or threatened species under the Endangered Species Act of 1973 in order to protect endangered and threatened species of salmon and other nonlisted fish species. Authorizes the Secretary to renew such permits. Prohibits such a permit from authorizing the lethal taking of more than 10 sea lions. Limits the cumulative annual taking of sea lions each year under all such permits to 1% of the annual potential biological removal level. Provides that environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA) do not apply with respect to this Act and the issuance of any such permits during the five-year period that begins on this Act's enactment. Authorizes the Secretary to suspend the issuance of such permits if, after five years, lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation. Expresses the sense of Congress that: (1) preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority; (2) permit holders exercising lethal removal authority should be trained in wildlife management; and (3) the government should continue to fund lethal and nonlethal removal measures for preventing such predation.

To amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon and other nonlisted species, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Security Enhancement and Research Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The National Institute of Standards and Technology has responsibility for developing standards and guidelines needed to ensure the cost-effective security and privacy of sensitive information in Federal computer systems. (2) The application of best security practices developed by the National Institute of Standards and Technology is important for protecting sensitive, but unclassified, information controlled by Federal agencies. (3) The Federal Government has an important role in supporting research and education activities needed to ensure the security of future networked information systems in both the public and private sectors. (4) Technology, including applications of cryptography, exists that can be readily provided by private sector companies to ensure the confidentiality, authenticity, and integrity of information in electronic form associated with public and private activities. (5) The development and use of encryption technologies by industry should be driven by market forces rather than by Government-imposed requirements. (b) Purposes.--The purposes of this Act are to-- (1) establish research programs focused on improving the security of networked information systems; (2) promote the development of a vigorous academic research community engaged in leading edge research on computer and communications security; (3) reinforce the role of the National Institute of Standards and Technology in ensuring the security of unclassified information in Federal computer systems; and (4) promote technology solutions based on private sector offerings to protect the security of Federal computer systems. SEC. 3. RESEARCH ON THE SECURITY OF NETWORKED INFORMATION SYSTEMS. The National Institute of Standards and Technology Act is amended-- (1) by moving section 22 to the end of the Act and redesignating it as section 32; and (2) by inserting after section 21 the following new section: ``research program ``Sec. 22. (a) Establishment.--The Director shall establish a program to support research at institutions of higher education (where the term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), for-profit research organizations, or consortia of such institutions, to improve the security of networked information systems. The program shall-- ``(1) include multidisciplinary, long-term, high-risk research; ``(2) include directed research to address needs identified through the activities of the Computer System Security and Privacy Advisory Board under section 20(e)(2) of this Act; and ``(3) promote the development of a substantial academic research community working at the leading edge of knowledge in subject areas relevant to the security of networked information systems. ``(b) Fellowships.--(1) In order to help meet the requirement of subsection (a)(3), the Director shall provide support for post-doctoral research fellowships and for senior research fellowships. Support for such fellowships shall be made available through research projects funded under the program established by subsection (a) and through a separate fellowship program described in paragraph (2) of this subsection. Senior fellowships shall be made available for established researchers who seek to change research fields and pursue studies related to the security of networked information systems. ``(2) The Director is authorized to establish a program to award post-doctoral research fellowships and senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities related to the security of networked information systems. To be eligible for an award under this paragraph, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. ``(3) Under this subsection, the Director is authorized to provide stipends for senior research fellowships at levels consistent with support for a faculty member in a sabbatical position and post-doctoral research fellowships at the level of the Institute's Post Doctoral Research Fellowship Program. ``(c) Awards; Applications.--The Director is authorized to award grants or cooperative agreements to institutions of higher education to carry out the program established under subsection (a). To be eligible for such an award, an institution of higher education shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include a description of-- ``(1) the number of graduate students anticipated to participate in the research project and the level of support to be provided to each; ``(2) the number of post-doctoral research fellowships included under the project and the level of support to be provided to each; and ``(3) the number of senior research fellows anticipated to participate in the research project and the level of support to be provided to each. The Director shall ensure that a major consideration for making such awards shall be the emphasis and commitment demonstrated by the application to meeting the program requirement specified by subsection (a)(3). ``(d) Program Managers.--The Director shall designate employees of the Institute to serve as program managers for the program established under subsection (a). Program managers so designated shall be responsible for-- ``(1) establishing broad research goals for the program and publicizing the goals to the academic research community; ``(2) soliciting applications for specific research projects to address the goals developed under paragraph (1); ``(3) selecting research projects for support under the program from among applications submitted to the Institute, following consideration of-- ``(A) the novelty and scientific and technical merit of the proposed projects; ``(B) the demonstrated capabilities of the individual or individuals submitting the applications to successfully carry out the proposed research; and ``(C) other criteria determined by the Director, based on information specified for inclusion in applications under subsection (c); and ``(4) monitoring the progress of research projects supported under the program. ``(e) Review of Program.--(1) The Director shall-- ``(A) provide for periodic reviews by the senior staff of the Institute of the portfolio of research awards monitored by each program manager designated in accordance with subsection (d); and ``(B) seek the advice of the Computer System Security and Privacy Advisory Board, established under section 21, on the appropriateness of the research goals and on the quality and relevance of research projects managed by program managers in accordance with subsection (d). ``(2) The Director shall also contract with the National Research Council for a comprehensive review of the program established under subsection (a) during the 5th year of the program. Such review shall include an assessment of the scientific quality of the research conducted, the relevance of the research results obtained to the goals of the program, and the progress of the program in promoting the development of a substantial academic research community working at the leading edge of knowledge in the field. The Director shall submit to Congress a report on the results of the review under this paragraph no later than six years after the initiation of the program.''. SEC. 4. INTRAMURAL SECURITY RESEARCH. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsection: ``(d) As part of the research activities conducted in accordance with subsection (b)(4), the Institute shall-- ``(1) conduct research to address emerging technologies associated with composing a networked computer system from components while ensuring it maintains desired security properties; and ``(2) carry out multidisciplinary, long-term, high-risk research on ways to improve the security of networked information systems.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for the National Institute of Standards and Technology-- (1) for activities under section 22 of the National Institute of Standards and Technology Act, as added by section 3 of this Act, $25,000,000 for fiscal year 2003, $40,000,000 for fiscal year 2004, $55,000,000 for fiscal year 2005, $70,000,000 for fiscal year 2006, $85,000,000 for fiscal year 2007, and such sums as may be necessary for fiscal years 2008 through 2012; and (2) for activities under section 20(d) of the National Institute of Standards and Technology Act, as added by section 4 of this Act, $5,000,000 for fiscal year 2003, $5,200,000 for fiscal year 2004, $5,400,000 for fiscal year 2005, $5,600,000 for fiscal year 2006, and $5,800,000 for fiscal year 2007. SEC. 6. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by inserting after subsection (d), as added by section 4 of this Act, the following new subsection: ``(e)(1) The Institute shall solicit the recommendations of the Computer System Security and Privacy Advisory Board, established by section 21, regarding standards and guidelines that are being considered for submittal to the Secretary in accordance with subsection (a)(4). The recommendations of the Board shall accompany standards and guidelines submitted to the Secretary. ``(2) There are authorized to be appropriated to the Secretary $1,030,000 for fiscal year 2002 and $1,060,000 for fiscal year 2003 to enable the Computer System Security and Privacy Advisory Board, established by section 21, to identify emerging issues, including research needs, related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.''.

Computer Security Enhancement and Research Act of 2001 - Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to: (1) establish a program to support research at institutions of higher education, for-profit research institutions, or consortia of such institutions, to improve the security of networked information systems; (2) provide support for post-doctoral research fellowships and senior research fellowships in such areas; and (3) contract with the National Research Council for a comprehensive review of such program during its fifth year.Requires NIST to solicit recommendations of the Computer System Security and Privacy Board regarding Federal computing systems standards and guidelines.

To amend the National Institute of Standards and Technology Act to establish research programs to improve the security of networked information systems, to enhance the ability of the National Institute of Standards and Technology to improve computer security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Housing Revitalization Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the United States faces an unprecedented crisis arising from the rapid decline of affordable housing, (2) new construction of housing for low- and moderate- income families is at a virtual standstill, (3) according to a 1989 report of the Bureau of the Census, the Nation's housing stock occupied by persons living in poverty is 12.4 million units, of which 2.2 million units (or 18 percent) are substandard, (4) by 1995, as many as 900,000 federally subsidized low- income rental housing units could be lost as a result of the prepayment of federally subsidized mortgages, (5) scores of existing low-income housing units will continue to disappear as older buildings are destroyed and in their place are constructed higher priced rental units and condominiums, creating an even greater shortage of affordable housing, (6) Federal expenditures to meet the housing needs of low- and moderate-income persons declined 70 percent from $30,200,000,000 billion in fiscal year 1981 to $7,500,000,000 billion in fiscal year 1989, and such expenditures were increased only to $8,900,000,000 billion in fiscal year 1990 and to $9,500,000,000 billion in fiscal year 1991, (7) an increasing number of Americans face the possibility of homelessness unless existing low-income housing units are rehabilitated and new housing units are constructed, (8) the rising number of ill-housed and homeless families is partially caused by displacement due to the rehabilitation and gentrification of formerly low-income housing, and (9) owners of substandard low-income housing units continue to claim Federal tax deductions without making the necessary repairs or renovations to bring their low-income housing property up to State or local building codes. (b) Purpose.--It is the purpose of this Act-- (1) to encourage the development of affordable, decent, safe, and sanitary housing for low- and moderate-income families, (2) to rehabilitate and construct low-income rental housing units by providing investment incentives to private developers through a shortening of the depreciation recovery period on low-income rental property to 20 years, (3) to deny business-related tax deductions claimed by owners of low-income rental housing units who consistently violate State and local health, safety, and building codes by maintaining substandard rental housing units, and (4) to exempt from the passive loss limitation certain deductions relating to low-income housing. SEC. 3. IMPROVEMENTS IN LOW-INCOME HOUSING CREDIT. (a) Permanent Extension.--Section 42 of the Internal Revenue Code of 1986 is amended by striking subsection (o) (relating to termination). (b) Increase in Credit for Federally Subsidized New Buildings.-- Paragraph (1) of section 42(b) of such Code (relating to value of low- income housing credit) is amended-- (1) in subparagraph (A), by striking ``which are not federally subsidized for the taxable year'', and (2) in subparagraph (B), by striking the dash and all that follows through ``(ii)''. (c) Exemption From Passive Loss Limitation.--Clause (i) of section 469(d)(2)(A) of such Code (relating to passive activity losses) is amended by inserting ``(other than section 42)'' after ``subpart D''. (d) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall apply to calendar years after 1991. (2) Modifications.--The amendments made by subsections (b) and (c) shall apply to property placed in service after December 31, 1992. SEC. 4. ACCELERATED DEPRECIATION SCHEDULE FOR QUALIFIED RENTAL HOUSING. (a) In General.--Paragraph (1) of section 168(c) of the Internal Revenue Code of 1986 (relating to depreciation recovery period) is amended by striking the item relating to residential rental property and inserting the following: ``Low-income residential rental property............. 20 years Other residential rental property.................. 27.5 years''. (b) Definitions.--Paragraph (2) of section 168(e) of such Code (relating to classification of property for depreciation) is amended by adding at the end the following new subparagraphs: ``(C) Low-income residential rental property.--The term `low-income residential rental property' means residential rental property which is a qualified low- income housing project (within the meaning of section 42(g)). ``(D) Other residential rental property.--The term `other residential rental property' means residential rental property which is not low-income residential rental property.'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1992. SEC. 5. DISALLOWANCE OF DEDUCTIONS FOR EXPENSES RELATING TO SUBSTANDARD RENTAL HOUSING. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: ``SEC. 280I. EXPENSES RELATING TO SUBSTANDARD RENTAL HOUSING. ``(a) General Rule.--No deduction (including any deduction for depreciation or amortization) shall be allowed under this chapter for any expense relating to a rental dwelling unit by any taxpayer who derives rental income from the unit, unless the unit is suitable for occupancy. ``(b) Suitability for Occupancy.--For purposes of subsection (a), the suitability of a rental dwelling unit for occupancy shall be determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes.'' (b) Conforming Amendment.--The table of sections for such part IX is amended by adding at the end the following new item: ``Sec. 280I. Expenses relating to substandard rental housing.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1992. SEC. 6. EXEMPTION FROM PASSIVE LOSS LIMITATION FOR CERTAIN DEDUCTIONS RELATING TO QUALIFIED RENTAL HOUSING. (a) In General.--Subsection (e) of section 469 of the Internal Revenue Code of 1986 (relating to special rules for determining income or loss from a passive activity) is amended by adding at the end the following new paragraph: ``(5) Special rules for deductions allowable for taxes, interest, and trade or business expenses with respect to rental real estate activities in which taxpayer actively or materially participates.-- ``(A) In general.--Subsection (a) shall not apply to any amount allowable as a deduction under section 162, 163, or 164 (determined without regard to this section) for amounts paid during the taxable year with respect to qualified rental real estate activities of the taxpayer. ``(B) Application of section to other deductions.-- The income from qualified rental real estate activities of the taxpayer shall be reduced (but not below zero) by the amount to which subsection (a) does not apply by reason of subparagraph (A) for purposes of determining whether subsection (a) applies to other deductions with respect to such activities. ``(C) Qualified rental real estate activity.--For purposes of this paragraph, the term `qualified real estate activity' means any rental real estate activity relating to a qualified low-income housing project (within the meaning of section 42(g)) with respect to which during the taxable year the taxpayer-- ``(i) actively participates (within the meaning of subsection (i)(6)), or ``(ii) materially participates (within the meaning of subsection (h)).'' (b) Technical Amendment.--Paragraph (4) of section 469(j) of such Code (relating to allocation of passive activity loss and credit) is amended by striking ``and the passive activity credit (and the $25,000 amount under subsection (i))'' and inserting the following: ``, the passive activity credit, the $25,000 amount under subsection (i), and the amount to which subsection (a) does not apply by reason of subsection (e)(5)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized. Extends the low-income housing credit permanently. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units unless such units are suitable for occupancy. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.

Low-Income Housing Revitalization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``John H. Chafee Blackstone River Valley National Historical Park Establishment Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the John H. Chafee Blackstone River Valley National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources in the Blackstone River Valley that exemplify the industrial heritage of the John H. Chafee Blackstone River Valley National Heritage Corridor for the benefit and inspiration of future generations; (2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features (including the Blackstone River and Canal) of the region that provide an overarching context for the industrial heritage of the National Heritage Corridor; (3) to educate the public about-- (A) the industrial history of the National Heritage Corridor; and (B) the significance of the National Heritage Corridor to the past and present; and (4) to support and enhance the network of partners who will continue to engage in the protection, improvement, management, and operation of key resources and facilities throughout the National Heritage Corridor. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``John H. Chafee Blackstone River Valley National Historical Park'', numbered NEFA962/111015 and dated October, 2011. (2) National heritage corridor.--The term ``National Heritage Corridor'' means the John H. Chafee Blackstone River Valley National Heritage Corridor. (3) Park.--The term ``Park'' means the John H. Chafee Blackstone River Valley National Historical Park established under section 4. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (5) State.--The term ``State'' means each of the States of Massachusetts and Rhode Island. SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System, to be known as the ``John H. Chafee Blackstone River Valley National Historical Park''. (b) Boundaries.--The Park shall be comprised of the following sites and districts, as generally depicted on the map: (1) Old Slater Mill National Historic Landmark District. (2) Slatersville Historic District. (3) Ashton Historic District. (4) Whitinsville Historic District. (5) Hopedale Village Historic District. (6) Blackstone River and the tributaries of Blackstone River. (7) Blackstone Canal. (c) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition of Land.--The Secretary may acquire land or interests in land within the boundaries of the Park by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (e) Administration.-- (1) In general.--The Secretary shall administer the Park in accordance with-- (A) this Act; (B) the laws generally applicable to units of the National Park System, including-- (i) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and (C) any cooperative agreements entered into under subsection (f). (2) General management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park-- (i) in consultation with the States; and (ii) in accordance with-- (I) any cooperative agreements entered into under subsection (f); and (II) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)). (B) Requirements.--To the maximum extent practicable, the plan prepared under subparagraph (A) shall consider ways to use pre-existing and/or planned facilities and recreational opportunities in the National Heritage Corridor, including-- (i) the Blackstone Valley Visitor Center, Pawtucket, RI; (ii) Captain Wilbur Kelly House, Blackstone River State Park, Lincoln, RI; (iii) the Museum of Work and Culture, Woonsocket, RI; (iv) River Bend Farm/Blackstone River and Canal Heritage State Park, Uxbridge, MA; and (v) Worcester Blackstone Visitors Center, located at the former Washburn-Moen wire factory, Worcester, MA. (f) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the States, political subdivisions of the States, nonprofit organizations (including Blackstone River Valley National Heritage Corridor, Inc.), and private property owners to provide technical assistance and interpretation in the Park and the National Heritage Corridor. (g) Financial Assistance.--Subject to the availability of appropriations, the Secretary may provide financial assistance, on a matching basis, for the conduct of resource protection activities in the National Heritage Corridor.

John H. Chafee Blackstone River Valley National Historical Park Establishment Act - Establishes the John H. Chafee Blackstone River Valley National Historical Park in the states of Massachusetts and Rhode Island as a unit of the National Park System. Requires the Secretary of the Interior, through the National Park Service (NPS), to prepare a general management plan for the Park. Requires the plan to consider ways for using pre-existing and/or planned facilities and recreational opportunities in the John. H. Chafee Blackstone River Valley National Heritage Corridor. Authorizes the Secretary to: (1) enter into cooperative agreements with the states, political subdivisions of the states, nonprofits (including Blackstone River Valley National Heritage Corridor, Inc.), and private property owners to provide technical assistance and interpretation in the Park and Corridor; and (2) provide financial assistance on a matching basis for activities to protect the Corridor's resources.

To establish the John H. Chafee Blackstone River Valley National Historical Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Clarifying Commercial Real Estate Loans''. SEC. 2. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT, OR CONSTRUCTION LOANS. The Federal Deposit Insurance Act is amended by adding at the end the following new section: ``SEC. 51. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT, OR CONSTRUCTION LOANS. ``(a) In General.--The appropriate Federal banking agencies may only subject a depository institution to higher capital standards with respect to a high volatility commercial real estate (HVCRE) exposure (as such term is defined under section 324.2 of title 12, Code of Federal Regulations, as of October 11, 2017, or if a successor regulation is in effect as of the date of the enactment of this section, such term or any successor term contained in such successor regulation) if such exposure is an HVCRE ADC loan. ``(b) HVCRE ADC Loan Defined.--For purposes of this section and with respect to a depository institution, the term `HVCRE ADC loan'-- ``(1) means a credit facility secured by land or improved real property that, prior to being reclassified by the depository institution as a Non-HVCRE ADC loan pursuant to subsection (d)-- ``(A) primarily finances, has financed, or refinances the acquisition, development, or construction of real property; ``(B) has the purpose of providing financing to acquire, develop, or improve such real property into income-producing real property; and ``(C) is dependent upon future income or sales proceeds from, or refinancing of, such real property for the repayment of such credit facility; ``(2) does not include a credit facility financing-- ``(A) the acquisition, development, or construction of properties that are-- ``(i) one- to four-family residential properties; ``(ii) real property that would qualify as an investment in community development; or ``(iii) agricultural land; ``(B) the acquisition or refinance of existing income-producing real property secured by a mortgage on such property, if the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property, as determined by the depository institution, in accordance with the institution's applicable loan underwriting criteria for permanent financings; ``(C) improvements to existing income-producing improved real property secured by a mortgage on such property, if the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property, as determined by the depository institution, in accordance with the institution's applicable loan underwriting criteria for permanent financings; or ``(D) commercial real property projects in which-- ``(i) the loan-to-value ratio is less than or equal to the applicable maximum supervisory loan-to-value ratio as determined by the appropriate Federal banking agency; and ``(ii) the borrower has contributed capital of at least 15 percent of the real property's appraised, `as completed' value to the project in the form of-- ``(I) cash; ``(II) unencumbered readily marketable assets; ``(III) paid development expenses out-of-pocket; or ``(IV) contributed real property or improvements; and ``(iii) the borrower contributed the minimum amount of capital described under clause (ii) before the depository institution advances funds under the credit facility, and such minimum amount of capital contributed by the borrower is contractually required to remain in the project until the credit facility has been reclassified by the depository institution as a Non-HVCRE ADC loan under subsection (d); ``(3) does not include any loan made prior to January 1, 2015; and ``(4) does not include a credit facility reclassified as a Non-HVCRE ADC loan under subsection (d). ``(c) Value of Contributed Real Property.--For purposes of this section, the value of any real property contributed by a borrower as a capital contribution shall be the appraised value of the property as determined under standards prescribed pursuant to section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339), in connection with the extension of the credit facility or loan to such borrower. ``(d) Reclassification as a Non-HVCRE ADC Loan.--For purposes of this section and with respect to a credit facility and a depository institution, upon-- ``(1) the completion of the development or construction of the real property being financed by the credit facility; and ``(2) cash flow being generated by the real property being sufficient to support the debt service and expenses of the real property, in either case to the satisfaction of the depository institution, in accordance with the institution's applicable loan underwriting criteria for permanent financings, the credit facility may be reclassified by the depository institution as a Non-HVCRE ADC loan.''.

Clarifying Commercial Real Estate Loans This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan. An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan. An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015. A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property.

Clarifying Commercial Real Estate Loans

SECTION 1. SHORT TITLE. This Act may be cited as the ``Troops to Nurse Teachers Act of 2008''. SEC. 2. PROGRAMS TO INCREASE THE NUMBER OF NURSES WITHIN THE ARMED FORCES. (a) In General.--The Secretary of Defense may provide for the carrying out of each of the programs described in subsections (b) through (f). (b) Service of Nurse Officers as Faculty in Exchange for Commitment to Additional Service in the Armed Forces.-- (1) In general.--One of the programs under this section may be a program in which covered commissioned officers with a graduate degree in nursing or a related field who are in the nurse corps of the Armed Force concerned serve a tour of duty of two years as a full-time faculty member of an accredited school of nursing. (2) Covered officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer on active duty who has served for more than nine years on active duty in the Armed Forces as an officer of the nurse corps at the time of the commencement of the tour of duty described in paragraph (1). (3) Benefits and privileges.--An officer serving on the faculty of an accredited school or nursing under this subsection shall be accorded all the benefits, privileges, and responsibilities (other than compensation and compensation- related benefits) of any other comparably situated individual serving a full-time faculty member of such school. (4) Agreement for additional service.--Each officer who serves a tour of duty on the faculty of a school of nursing under this subsection shall enter into an agreement with the Secretary to serve upon the completion of such tour of duty for a period of four years for such tour of duty as a member of the nurse corps of the Armed Force concerned. Any service agreed to by an officer under this paragraph is in addition to any other service required of the officer under law. (c) Service of Nurse Officers as Faculty in Exchange for Scholarships for Nurse Officer Candidates.-- (1) In general.--One of the programs under this section may be a program in which commissioned officers with a graduate degree in nursing or a related field who are in the nurse corps of the Armed Force concerned serve while on active duty a tour of duty of two years as a full-time faculty member of an accredited school of nursing. (2) Benefits and privileges.--An officer serving on the faculty of an accredited school of nursing under this subsection shall be accorded all the benefits, privileges, and responsibilities (other than compensation and compensation- related benefits) of any other comparably situated individual serving as a full-time faculty member of such school. (3) Scholarships for nurse officer candidates.--(A) Each accredited school of nursing at which an officer serves on the faculty under this subsection shall provide scholarships to individuals undertaking an educational program at such school leading to a degree in nursing who agree, upon completion of such program, to accept a commission as an officer in the nurse corps of the Armed Forces. (B) The total amount of funds made available for scholarships by an accredited school of nursing under subparagraph (A) for each officer serving on the faculty of that school under this subsection shall be not less than the amount equal to an entry-level full-time faculty member of that school for each year that such officer so serves on the faculty of that school. (C) The total number of scholarships provided by an accredited school of nursing under subparagraph (A) for each officer serving on the faculty of that school under this subsection shall be such number as the Secretary of Defense shall specify for purposes of this subsection. (d) Scholarships for Certain Nurse Officers for Education as Nurses.-- (1) In general.--One of the programs under this section may be a program in which the Secretary provides scholarships to commissioned officers of the nurse corps of the Armed Force concerned described in paragraph (2) who enter into an agreement described in paragraph (4) for the participation of such officers in an educational program of an accredited school of nursing leading to a graduate degree in nursing. (2) Covered nurse officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer who has served not less than 20 years on active duty in the Armed Forces and is otherwise eligible for retirement from the Armed Forces. (3) Scope of scholarships.--Amounts in a scholarship provided a nurse officer under this subsection may be utilized by the officer to pay the costs of tuition, fees, and other educational expenses of the officer in participating in an educational program described in paragraph (1). (4) Agreement.--An agreement of a nurse officer described in this paragraph is the agreement of the officer-- (A) to participate in an educational program described in paragraph (1); and (B) upon graduation from such educational program-- (i) to serve not less than two years as a full-time faculty member of an accredited school of nursing; and (ii) to undertake such activities as the Secretary considers appropriate to encourage current and prospective nurses to pursue service in the nurse corps of the Armed Forces. (e) Transition Assistance for Retiring Nurse Officers Qualified as Faculty.-- (1) In general.--One of the programs under this section may be a program in which the Secretary provides to commissioned officers of the nurse corps of the Armed Force concerned described in paragraph (2) the assistance described in paragraph (3) to assist such officers in obtaining and fulfilling positions as full-time faculty members of an accredited school of nursing after retirement from the Armed Forces. (2) Covered nurse officers.--A commissioned officer of the nurse corps of the Armed Forces described in this paragraph is a nurse officer who-- (A) has served an aggregate of at least 20 years on active duty or in reserve active status in the Armed Forces; (B) is eligible for retirement from the Armed Forces; and (C) possesses a doctoral or master degree in nursing or a related field which qualifies the nurse officer to discharge the position of nurse instructor at an accredited school of nursing. (3) Assistance.--The assistance described in this paragraph is assistance as follows: (A) Career placement assistance. (B) Continuing education. (C) Stipends (in an amount specified by the Secretary). (4) Agreement.--A nurse officer provided assistance under this subsection shall enter into an agreement with the Secretary to serve as a full-time faculty member of an accredited school of nursing for such period as the Secretary shall provide in the agreement. (f) Benefits for Retired Nurse Officers Accepting Appointment as Faculty.-- (1) In general.--One of the programs under this section may be a program in which the Secretary provides to any individual described in paragraph (2) the benefits specified in paragraph (3). (2) Covered individuals.--An individual described in this paragraph is an individual who-- (A) is retired from the Armed Forces after service as a commissioned officer in the nurse corps of the Armed Forces; (B) holds a graduate degree in nursing; and (C) serves as a full-time faculty member of an accredited school of nursing. (3) Benefits.--The benefits specified in this paragraph shall include the following: (A) Payment of retired or retirement pay without reduction based on receipt of pay or other compensation from the institution of higher education concerned. (B) Payment by the institution of higher education concerned of a salary and other compensation to which other similarly situated faculty members of the institution of higher education would be entitled. (C) If the amount of pay and other compensation payable by the institution of higher education concerned for service as an associate full-time faculty member is less than the basic pay to which the individual was entitled immediately before retirement from the Armed Forces, payment of an amount equal to the difference between such basic pay and such payment and other compensation. (g) Administration and Duration of Programs.-- (1) In general.--The Secretary shall establish requirements and procedures for the administration of the programs authorized by this section. Such requirements and procedures shall include procedures for selecting participating schools of nursing. (2) Duration.--Any program carried out under this section shall continue for not less than two years. (3) Assessment.--Not later than two years after commencing any program under this section, the Secretary shall assess the results of such program and determine whether or not to continue such program. The assessment of any program shall be based on measurable criteria, information concerning results, and such other matters as the Secretary considers appropriate. (4) Continuation.--The Secretary may continue carrying out any program under this section that the Secretary determines, pursuant to an assessment under paragraph (3), to continue to carry out. In continuing to carry out a program, the Secretary may modify the terms of the program within the scope of this section. The continuation of any program may include its expansion to include additional participating schools of nursing. (h) Definitions.--In this section, the terms ``school of nursing'' and ``accredited'' have the meaning given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).

Troops to Nurse Teachers Act of 2008 - Authorizes the Secretary of Defense to carry out programs under which commissioned officers of the nurse corps: (1) serve as full-time faculty of accredited schools of nursing in exchange for additional service or in exchange for scholarships provided by the school to those accepting commissions in the nurse corps; (2) receive scholarships leading to a graduate degree in nursing in exchange for service as nursing school faculty and to undertake activities to encourage nurses to serve in the Armed Forces nurse corps; (3) receive nursing faculty career placement and continuing education assistance if they are retirement-eligible and have graduate degrees qualifying them as nurse instructors; or (4) receive, while serving after retirement as faculty at a nursing school, retired pay without reduction and a pay differential to ensure that compensation for faculty member service will not be less than the basic pay received before retirement. Requires: (1) any program established under this Act to last at least two years; and (2) the Secretary to assess each program to determine if it should be continued.

To authorize programs to increase the number of nurses within the Armed Forces through assistance for service as nurse faculty or education as nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Telehealth Validation Act of 2002''. SEC. 2. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES. (a) Expanding Access to Telehealth Services Through The Use of Store and Forward Technology.--The second sentence of section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)) is amended by striking ``in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,''. (b) Increasing Types of Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C))ii)) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) An assisted living facility. ``(VIII) A board and care facility. ``(IX) A county, community, or school health clinic. ``(X) A county or community mental health clinic. ``(XI) The residence of an individual enrolled under this part. ``(XII) A long-term care facility. ``(XIII) A facility operated by the Indian Health Service or by an Indian tribe, tribal organization, or an urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) directly, or under contract or other arrangement.''. (c) Facilitating the Provision of Telehealth Services Across State Lines.-- (1) In general.--For purposes of expediting the provision of telehealth services, for which payment is made under the medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of State provisions allowing for multistate practitioner licensure across State lines. (2) Definitions.--In paragraph (1): (A) Telehealth service.--The term ``telehealth service'' has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)). (B) Physician, practitioner.--The terms ``physician'' and ``practitioner'' have the meaning given those terms in subparagraphs (D) and (E), respectively, of such section. (C) Medicare program.--The term ``medicare program'' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). SEC. 3. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Office for the Advancement of Telehealth (of the Health Resources and Services Administration), shall make grants to eligible recipients (as described in subsection (b)(1)) for the purpose of expanding access to health care services for individuals in rural areas and medically underserved areas through the use of telehealth. (b) Eligible Recipients.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity described in paragraph (2) shall, in consultation with the State office of rural health or other appropriate State entity, prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) A description of the anticipated need for the grant. (B) A description of the activities which the entity intends to carry out using amounts provided under the grant. (C) A plan for continuing the project after Federal support under this section is ended. (D) A description of the manner in which the activities funded under the grant will meet health care needs of underserved rural populations within the State. (E) A description of how the local community or region to be served by the network or proposed network will be involved in the development and ongoing operations of the network. (F) The source and amount of non-Federal funds the entity would pledge for the project. (G) A showing of the long-term viability of the project and evidence of health care provider commitment to the network. The application should demonstrate the manner in which the project will promote the integration of telehealth in the community so as to avoid redundancy of technology and achieve economies of scale. (2) Eligible entities.-- (A) In general.--An eligible entity described in this paragraph is a hospital or other health care provider in a health care network of community-based health care providers that includes at least 2 of the following organizations: (i) Community or migrant health centers. (ii) State or local health departments. (iii) Nonprofit hospitals or clinics. (iv) Private practice health professionals, including community and rural health clinics. (v) Other publicly funded health or social services agencies. (vi) Skilled nursing facilities. (vii) County mental health and other publicly funded mental health facilities. (viii) Providers of home health services. (ix) Long-term care facilities. (x) State prison systems. (xi) Facilities operated by the Indian Health Service or by an Indian tribe, tribal organization, or an urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) directly, or under contract or other arrangement. (B) Inclusion of for-profit entities.--An eligible entity may include for-profit entities so long as the recipient of the grant is a not-for-profit entity. (c) Preference.--The Secretary shall establish procedures to prioritize financial assistance under this section based upon the following considerations: (1) The applicant is a health care provider in a health care network or a health care provider that proposes to form such a network that furnishes or proposes to furnish services in a medically underserved area, health professional shortage area, or mental health professional shortage area. (2) The applicant is able to demonstrate broad geographic coverage in the rural or medically underserved areas of the State, or States in which the applicant is located. (3) The applicant proposes to use Federal funds to develop plans for, or to establish, telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. (4) The applicant will use the amounts provided for a range of health care applications and to promote greater efficiency in the use of health care resources. (5) The applicant is able to demonstrate the long-term viability of projects through cost participation (cash or in- kind). (6) The applicant is able to demonstrate financial, institutional, and community support for the long-term viability of the network. (7) The applicant is able to provide a detailed plan for coordinating system use by eligible entities so that health care services are given a priority over non-clinical uses. (d) Maximum Amount of Assistance to Individual Recipients.--The Secretary shall establish, by regulation, the terms and conditions of the grant and the maximum amount of a grant award to be made available to an individual recipient for each fiscal year under this section. The Secretary shall cause to have published in the Federal Register or the ``HRSA Preview'' notice of the terms and conditions of a grant under this section and the maximum amount of such a grant for a fiscal year. (e) Use of Amounts.--The recipient of a grant under this section may use sums received under such grant for the acquisition of telehealth equipment and modifications or improvements of telecommunications facilities including the following: (1) The development and acquisition through lease or purchase of computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section. (2) The provision of technical assistance and instruction for the development and use of such programming equipment or facilities. (3) The development and acquisition of instructional programming. (4) Demonstration projects for teaching or training medical students, residents, and other health profession students in rural or medically underserved training sites about the application of telehealth. (5) The provision of telenursing services designed to enhance care coordination and promote patient self-management skills. (6) The provision of services designed to promote patient understanding and adherence to national guidelines for common chronic diseases, such as congestive heart failure or diabetes. (7) Transmission costs, maintenance of equipment, and compensation of specialists and referring health care providers. (8) Development of projects to use telehealth to facilitate collaboration between health care providers. (9) Electronic archival of patient records. (10) Collection and analysis of usage statistics and data that can be used to document the cost-effectiveness of the telehealth services. (11) Such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. (f) Prohibited Uses.--Sums received under a grant under this section may not be used for any of the following: (1) To acquire real property. (2) To purchase or install transmission equipment off the premises of the telehealth site and any transmission costs not directly related to the grant. (3) For construction, except that such funds may be expended for minor renovations relating to the installation of equipment. (4) Expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 20 percent of the total grant. (g) Administration.-- (1) Nonduplication.--The Secretary shall ensure that projects established using grants provided under this section do not duplicate adequately established telehealth networks. (2) Coordination with other agencies.--The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies and not-for-profit organizations, operating similar grant programs to pool resources for funding meritorious proposals. (3) Informational efforts.--The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users located in rural and medically underserved areas of each State about the program authorized by this section. (h) Prompt Implementation.--The Secretary shall take such actions as are necessary to carry out the grant program as expeditiously as possible. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2003 through 2008. SEC. 4. JOINT WORKING GROUP ON TELEHEALTH. (a) In General.-- (1) Representation of rural areas.--The Joint Working Group on Telehealth shall ensure that individuals that represent the interests of rural areas and medically underserved areas are members of the Group. (2) Mission.--The mission of the Joint Working Group on Telehealth is-- (A) to identify, monitor, and coordinate Federal telehealth projects, data sets, and programs; (B) to analyze-- (i) how telehealth systems are expanding access to health care services, education, and information; (ii) the clinical, educational, or administrative efficacy and cost-effectiveness of telehealth applications; and (iii) the quality of the telehealth services delivered; and (C) to make further recommendations for coordinating Federal and State efforts to increase access to health services, education, and information in rural and medically underserved areas. (3) Annual reports.--Not later than 2 years after the date of enactment of this Act and each January 1 thereafter, the Joint Working Group on Telehealth shall submit to Congress a report on the status of the Group's mission and the state of the telehealth field generally. (b) Report Specifics.--Each annual report required under subsection (a)(3) shall provide-- (1) an analysis of-- (A) the matters described in subsection (a)(2)(B); (B) the Federal activities with respect to telehealth; and (C) the progress of the Joint Working Group on Telehealth's efforts to coordinate Federal telehealth programs; and (2) recommendations for a coordinated Federal strategy to increase health care access through telehealth. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary for the Joint Working Group on Telehealth to-- (1) carry out the mission of the Group (as described in subsection (a)(2)); and (2) prepare and submit the reports required under subsection (a)(3).

Medicare Telehealth Validation Act of 2002 - Amends title XVIII (Medicare) the Social Security Act to expand access to telehealth services (professional services furnished via a telecommunications system, including the asynchronous transmission of health care information in single or multimedia formats) under the Medicare program: (1) beyond the demonstration program conducted in Alaska or Hawaii; (2) by increasing the types of originating sites, including skilled nursing facilities and assisted living facilities; and (3) by encouraging States to adopt provisions allowing for multistate practitioner licensure across State lines.Requires the Secretary of Health and Human Services, acting through the Director of the Office for the Advancement of Telehealth, to make grants to expand health care services in rural and medically underserved areas through the use of telehealth.Requires the Joint Working Group on Telehealth to include representatives of rural and medically underserved areas.

A bill to improve the provision of telehealth services under the medicare program, to provide grants for the development of telehealth networks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sarah Weber Home Infusion Consumer Protection Act of 1994''. SEC. 2. LICENSING OF PROVIDERS OF HOME INFUSION THERAPY SERVICES. (a) Requirement.--No person shall provide (or arrange for the provision of) home infusion therapy services in a State unless the person is licensed by the State in accordance with this section to provide (or arrange for the provision of) such services. No State shall license such a person unless the State finds that the person meets the standards for licensing established under this section. (b) Standards.-- (1) In general.--The Secretary of Health and Human Services shall establish standards for the licensing of persons providing (or arranging for the provision of) home infusion therapy services consistent with this subsection. (2) Supervision.--A person licensed under this section shall only provide (or arrange for the provision of) home infusion therapy services to an individual who is under the care of a physician and under a plan established and periodically reviewed by a physician. (3) Provider qualifications.--A person shall not be licensed consistent with this section unless the person-- (A) has been determined to be capable of providing, or arranging for the provision of, home infusion therapy services; (B) maintains clinical records on all individuals for whom the person provides (or arranges for the provision of) such services; (C) adheres to written protocols and policies with respect to the provision (or arrangement for the provision) of services; (D) makes services available (as needed) 7 days a week on a 24-hour basis; (E) coordinates all home infusion therapy services with the patient's physician; (F) conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care; (G) assures that only trained (or licensed if necessary) personnel provide infusion products (and any other service for which training is required to safely provide the service); (H) assumes responsibility for the quality of services provided by others under arrangements with such person; (I) establishes appropriate protocols and explains such protocols clearly to patients before the initiation of a treatment plan; and (J) meets such other requirements as the Secretary may determine are necessary (A) to assure the safe and effective provision of home infusion therapy services, and (B) respecting the quality of the provision of such services and the charges for such services. A protocol referred to in subparagraph (I) shall include a provision for appropriate notification of individuals receiving home infusion therapy services in the event of the cancellation of the provision of those services. (4) Fee.--A person shall not be licensed consistent with this section unless the person assures that charges for the provision of home infusion therapy services by the person (or under arrangements made by the person) shall not exceed such a fee as the Secretary by regulation may establish to assure that the charge for such services is reasonably related to the services actually provided. (c) Enforcement.--Compliance with the requirements of subsection (a) shall be enforced under the Federal Trade Commission Act by the Secretary of Health and Human Services. A violation of any such requirement shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act and shall be subject to enforcement under section 5(b) of such Act irrespective of whether the person who committed such violation is engaged in commerce or meets any other jurisdictional test in such Act. The Secretary shall have such procedural, investigative, and enforcement powers in enforcing compliance with such requirements and may require the filing of reports, the production of documents, and the appearance of witnesses as though the applicable terms of such Act were part of this section. SEC. 3. LIMITATION ON PHYSICIAN REFERRALS. (a) General Rule.--Except as provided in this section, if a physician (or an immediate family member of such physician) has a financial relationship with an entity described in section 1877(a)(2) of the Social Security Act, then the physician may not make a referral to the entity for the furnishing of home infusion therapy services. (b) Incorporation of Medicare Physician Ownership and Referral Provisions.--The provisions of subsections (b) through (h) of section 1877 of the Social Security Act (other than subsections (f) and (g)(1)) shall apply with respect to subsection (a) of this section in the same manner as they apply to section 1877(a) of such Act. In applying the previous sentence, any reference to a ``designated health service'' is deemed to be a reference to home infusion therapy services. (c) Additional Exception for Compensation Arrangement for Management of Patient and Coordination of Care.--In applying subsection (b), in addition to the exceptions described in section 1877(e) of the Social Security Act, payment of reasonable compensation to a physician for the management of patient and coordination of care shall not be considered to be a compensation arrangement described in section 1877(a)(2)(B) of such Act. (d) Treatment of Prescription as a Referral.--In applying subsection (b) and in addition to section 1877(h)(5) of the Social Security Act, the prescription of a drug to be administered through home infusion constitutes a ``referral'' by a ``referring physician''. SEC. 4. HOME INFUSION THERAPY SERVICES DEFINED. For purposes of this Act, the term ``home infusion therapy services'' means the nursing, pharmacy, and related services, including medical supplies, intravenous fluids, delivery, and equipment, required for the provision of therapeutic agents to patients by parenteral administration, including intravenous, intra-arterial, subcutaneous, epidural, intrathecal, intramuscular, and peritoneal infusion, by an enteral feeding tube for the purpose of improving or maintaining an individual's health condition in the individual's residence. SEC. 5. EFFECTIVE DATES. (a) Licensing Requirement.-- (1) In general.--Except as provided in paragraph (2), section 3(a) shall apply to home infusion therapy services provided on or after the first day of the first month that begins more than 90 days after the date of the enactment of this Act, without regard to whether or not the Secretary of Health and Human Services issues final regulations to carry out such section have been promulgated by such date. (2) State legislation.--In the case of a State which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the State to provide for the licensing required under section 3(a), section 3(a) shall not apply in the State for home infusion therapy services provided before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (b) Limitation on Referrals.--Section 4 shall apply to referrals made after December 31, 1994.

Sarah Weber Home Infusion Consumer Protection Act of 1994 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards to be established by the Secretary of Health and Human Services. Specifies that a licensed person shall only provide services to an individual who is under the care of, and under a plan established and periodically reviewed by, a physician. Sets forth licensing requirements, including having been determined capable of providing services, maintaining clinical records, adhering to written protocols and policies, making services available seven days a week on a 24-hour basis, coordinating services with the patient's physician, conducting a quality assessment and assurance program, assuring that only trained personnel provide infusion products, assuming responsibility for the quality of services provided by others under arrangements with such person, and establishing appropriate protocols and explaining such protocols clearly to patients before the initiation of treatment. Sets forth requirements regarding: (1) cancellation of services; (2) limits on fees; and (3) enforcement of Act requirements. Prohibits a physician (or an immediate family member) who has a financial relationship with a specified entity under the Medicare program from making a referral to such entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that: (1) the payment of reasonable compensation to a physician for patient management and coordination of care shall not be considered to be a compensation arrangement; and (2) the prescription of a drug to be administered through home infusion shall constitute a referral by a physician.

Sarah Weber Home Infusion Consumer Protection Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance for Ex-Offenders Act of 2000''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Reversal of expunged records. ``3636. Unsealing of records. ``Sec. 3631. Expungement of certain criminal records ``(a) In General.--Any individual convicted of a nonviolent criminal offense in a United States court who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction. ``(b) Definition of Nonviolent Criminal Offense.--In this subchapter, the term `nonviolent criminal offense' means a misdemeanor or felony that does not have as an element of the offense the use of a weapon or violence in its commission and which did not actually involve violence in its commission. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for expungement under this subchapter unless, prior to filing a petition under this subchapter, such individual-- ``(1) has never been convicted of a violent misdemeanor or felony; ``(2) has remained free from dependency on or abuse of alcohol or a controlled substance for at least one year; ``(3) has obtained a high school diploma or completed a high school equivalency program; and ``(4) has completed at least one year of community service, as determined by the court referred to in section 3633(a). ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual meeting the requirements of section 3632 may file a petition under this subchapter with the Attorney General to expunge the record of a conviction for a nonviolent criminal offense. Not later than 60 days after receipt of such a petition, the Attorney General shall submit such petition with a recommendation regarding expungement to the United States district court for the district in which the conviction was obtained. The Attorney General shall notify the petitioner of his recommendation within such 60-day period. If the Attorney General recommends expungement, the court shall grant an order expunging the records that are the subject to the petition. ``(b) Appeal.--If the Attorney General does not recommend expungement of the records, the petitioner may, not later than 90 days after receiving notification from the Attorney General of such recommendation, appeal such denial in the United States district court for the district in which the conviction was obtained. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. ``(b) No Disqualification; Statements.--After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not-- ``(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, profession, and ``(2) held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose. ``(c) Records Expunged or Sealed.--Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records). ``(d) Record of Disposition To Be Retained.--A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication. ``Sec. 3635. Disclosure of expunged records ``(a) Law Enforcement Purposes.--The Department of Justice may release the record of an individual's criminal conviction expunged under this subchapter to Federal or State law enforcement agencies and United States attorneys and district attorneys-- ``(1) for the purpose of prosecuting such individual for any subsequent criminal offense and adjudicating such case; or ``(2) if such individual has made an application for employment as a law enforcement officer, if such individual is given notice of the disclosure and an opportunity to explain the conviction. ``(b) Punishment for Improper Disclosure.--Except as provided in subsection (a), whoever knowingly disseminates information relating to an expunged conviction, other than the individual whose conviction was expunged, or to such individual, shall be punished by imprisonment for not less than one year and a fine of not more than $10,000 for each offense. ``Sec. 3636. Reversal of expunged records ``The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any misdemeanor or felony in any court of the United States.''. (b) Technical Amendment.--The analysis for chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement......................................... 3631''. (d) Effective Date.--The amendments made by this Act shall apply to individuals convicted of an applicable crime at any time before or after the date of enactment of this Act.

Authorizes the Department of Justice to release an expunged record to Federal or State law enforcement agencies and U.S. attorneys and district attorneys for limited purposes. Requires the restoration of expunged records of individuals subsequently convicted of any misdemeanor or felony in any U.S. court.

Second Chance for Ex-Offenders Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Distorting Subsidies Limitation Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) Competition among State and local governments for new and existing businesses has become the rule rather than the exception. (2) State and local governments are being forced to compete against each other for businesses with scarce tax dollars that would otherwise be used for essential public goods and services. (3) When State and local government competition takes the form of preferential treatment for specific businesses, it undermines our national economic union by distorting the allocation of resources. (4) There is a role for competition between States and localities when it takes the form of general tax policies, regulation structures, and public services because such competition leads States and localities to provide better service, cost effective regulation, sound tax policies, and more efficient allocation of public and private goods. (5) Federal program grants have been used by State and local governments to subsidize business location decisions to attract businesses from other States and localities. (6) Proceeds from tax-exempt municipal bonds have been used by one State or locality to attract business from other States and localities. (7) No single State or local government can unilaterally withdraw from this competition. Only Congress with its enumerated powers can end the economic distortions and the public costs caused by economic distortions. SEC. 3. TAXATION OF VALUE OF TARGETED SUBSIDIES PROVIDED BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 (relating to miscellaneous excise taxes) is amended by inserting after chapter 44 the following new chapter: ``CHAPTER 45--EXCISE TAX ON TARGETED STATE OR LOCAL GOVERNMENT DEVELOPMENT SUBSIDIES ``Sec. 4986. Targeted State or local government development subsidies. ``SEC. 4986. TARGETED STATE OR LOCAL GOVERNMENT DEVELOPMENT SUBSIDIES. ``(a) General Rule.--There is hereby imposed for each calendar year an excise tax on any person engaged in a trade or business who derives any benefit during such year from any targeted subsidy provided by any State or local governmental unit. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall consist of a tax computed as provided in section 11(b) as though the aggregate value (determined under regulations prescribed by the Secretary) of benefits referred to in subsection (a) accruing during the calendar year were the taxable income referred to in section 11. ``(c) Definitions.--For purposes of this section-- ``(1) Targeted subsidy.-- ``(A) In general.--The term `targeted subsidy' means, with respect to any person, any subsidy-- ``(i) which is designed to encourage any trade or business operation of such person to locate in a particular governmental jurisdiction or to remain in a particular governmental jurisdiction, or ``(ii) which is reasonably expected to have the effect of a subsidy described in clause (i). ``(B) Certain more broadly available subsidies treated as targeted subsidies.-- ``(i) In general.--A subsidy shall not fail to be a targeted subsidy by reason of applying to (or being available to) more than 1 trade or business operation if such subsidy is determined (under regulations prescribed by the Secretary) not to be part of the general long-term taxing or spending policies of the governmental unit. ``(ii) General long-term policies.--A subsidy shall be treated as part of the general long-term taxing or spending policies of the governmental unit only if the subsidy is available to all trade or business operations within the jurisdiction of such governmental unit without regard to the period during which any operation has been conducted within such jurisdiction. ``(2) Subsidy.--The term `subsidy' includes-- ``(A) any grant, ``(B) any contribution of property or services, ``(C) any right to use property or services, or any loan, at rates below those commercially available to the taxpayer, ``(D) any reduction or deferral of any tax or any fee (including any payment by any State or local governmental unit of any tax or fee), ``(E) any guarantee of any payment under any loan, lease, or other obligation, ``(F) any use of governmental facilities (including roads, facilities for the furnishing of water, sewage facilities, and solid waste disposal facilities) to the extent that the amount paid by (or assessed against the property of) the trade or business for such use is less than the amount it would pay were the charge for its use (or the assessment) determined under the same formula or other basis as is used by the State or local government with respect to other comparable facilities used by other trades or businesses, and ``(G) any other benefit specified in regulations prescribed by the Secretary. ``(d) Exception for Subsidies for Employee Training and Education.--No tax shall be imposed by this section on the value of any subsidy provided for employee training or for other education programs. ``(e) Special Rules.-- ``(1) Exception for subsidies provided to governmental entities.--No tax shall be imposed by this section on the value of any subsidy provided to-- ``(A) an agency or instrumentality of any government or any political subdivision thereof, or ``(B) any entity which is owned and operated by a government or any political subdivision thereof or by any agency or instrumentality of one or more governments or political subdivisions. ``(2) Avoidance of double tax.--No amount shall be includible in gross income for purposes of subtitle A by reason of any targeted subsidy on which tax is imposed under this section. ``(3) Administrative provisions.--For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.'' (b) Denial of Income Tax Deduction for Tax.--Paragraph (6) of section 275(a) of such Code is amended by inserting ``45,'' after ``44,''. (c) Clerical Amendment.--The table of chapters for subtitle D of such Code is amended by inserting after the item relating to chapter 44 the following new item: ``Chapter 45. Excise tax on targeted State or local government development subsidies.'' (d) Effective Date.--The amendments made by this section shall apply to any subsidy which is provided pursuant to an agreement or arrangement entered into more than 30 days after the date of the enactment of this Act. SEC. 4. DENIAL OF EXEMPTION FROM TAX FOR INTEREST ON BONDS PROVIDING TARGETED STATE OR LOCAL GOVERNMENT DEVELOPMENT SUBSIDIES. (a) In General.--Subsection (b) of section 103 of the Internal Revenue Code of 1986 (relating to interest on State and local bonds) is amended by adding at the end the following new paragraph: ``(4) Bonds providing targeted development subsidies.--Any bond if any portion of the proceeds of such bond is to be used to provide any targeted subsidy (as defined in section 4986(c)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after the date of the enactment of this Act. SEC. 5. PROHIBITION OF USE OF FEDERAL FUNDS FOR TARGETED SUBSIDIES. (a) In General.--Notwithstanding any other provision of law, none of the Federal funds provided to any State or local government may be used to provide any targeted subsidy (as defined in section 4986(c) of the Internal Revenue Code of 1986). (b) Recovery of Funds Used To Provide Targeted Subsidies.--If the Secretary of the Treasury or the Secretary's delegate finds after reasonable notice and opportunity for hearing that any State or local government used Federal funds in violation of subsection (a), the Secretary or the Secretary's delegate shall take such actions as are necessary (including referring the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted) to recover the amount so used from the State or local government or the trade or business, whichever the Secretary determines to be appropriate. (c) Effective Date.--This section shall apply to funds provided after the date of the enactment of this Act.

Distorting Subsidies Limitation Act of 1997 - Amends the Internal Revenue Code to impose an excise tax on any person engaged in a trade or business who derives any benefit from any targeted subsidy provided by a State or local government. Defines such a subsidy as one which is designed to encourage a business to locate or remain in a particular jurisdiction. Denies a tax exemption for any interest earned on bonds which provide such subsidies. Prohibits the use of Federal funds to provide such a subsidy.

Distorting Subsidies Limitation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Day Off Act''. SEC. 2. DEFINITIONS. In this Act: (a) Eligible Employee.-- (1) In general.--The term ``eligible employee'' means an employee who-- (A) is a veteran, as that term is defined in section 101 of title 38, United States Code; and (B) has been employed for at least 12 months by the employer with respect to whom leave is requested under section 3. (2) Exclusions.--The term ``eligible employee'' does not include an individual employed by a public agency, as that term is defined in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(3)(e)(2)). (b) Employ; Employee.--The terms ``employ'' and ``employee'' have the same meanings given such terms in subsections (e) and (g) of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (e) and (g)). (c) Employer.--The term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of any employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms ``commerce'' and ``industry or activity affective commerce'' have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (d) Person.--The term ``person'' has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (e) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 3. LEAVE REQUIREMENT. (a) Entitlement to Leave.-- (1) In general.--Except as provided in paragraph (2), an eligible employee shall be entitled to leave on Veterans Day upon request if such employee would otherwise be required to work on Veterans Day. (2) Exceptions.--An employer may deny leave to an eligible employee if providing leave to the employee would-- (A) negatively impact public health or safety; or (B) cause the employer significant economic or operational disruption. (b) Type of Leave.-- (1) Unpaid leave permitted.--Leave granted under subsection (a) may consist of unpaid leave. (2) Substitution of paid leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave or personal leave of the employee for leave provided under subsection (a). (c) Duties of Employee.--Not less than 30 days before the Veterans Day on which leave is requested to be taken, an employee requesting leave under subsection (a) shall provide the employer with the following: (1) Written notice of the employee's intention to take leave under subsection (a). (2) Documentation verifying that the employee is a veteran. (d) Duties of Employer.-- (1) Notice of decision.--Not less than 10 days before the Veterans Day on which leave is requested to be taken, the employer shall notify an employee requesting leave under subsection (a)-- (A) whether the employee shall be provided leave; and (B) if so, whether the leave shall be paid or unpaid. (2) Denial of leave request.--If an employer receives multiple requests for leave under subsection (a)(1) and denies leave to more than one eligible employee in accordance with subsection (a)(2), the employer should deny leave to the minimum number of eligible employees practicable. SEC. 4. PROHIBITED ACTS. (a) Interference With Rights.-- (1) Exercise of rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the taking of or the attempt to take, any leave provided under this Act. (2) Discrimination.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this Act. (b) Interference With Proceedings or Inquiries.--It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual-- (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any leave provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any leave provided under this Act. SEC. 5. INVESTIGATIVE AUTHORITY. The Secretary shall have investigative authority with respect to the provisions of this Act in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993, and the requirements of section 106 of such Act shall apply to employers under this Act in the same manner as such requirements apply to employers under section 106 of such Act. SEC. 6. ENFORCEMENT. The provisions of section 107 of the Family and Medical Leave Act of 1993 shall apply with respect to the enforcement of the requirements of this Act in the same manner and under the same terms and conditions as such provisions apply with respect to the enforcement of the requirements of title I of such Act. SEC. 7. NOTICE. (a) In General.--Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this title Act information pertaining to the filing of a charge. (b) Penalty.--Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense.

Veterans Day Off Act - Entitles veterans who have been employed by an employer for at least 12 months, except those employed by a public agency, to leave from such employer on Veterans Day upon request if such veteran would otherwise be required to work on Veterans Day. Authorizes employers who employ 50 or more employees to deny leave if providing leave to veterans would negatively impact public health or safety or cause the employer significant economic or operational disruption. Authorizes leave granted to consist of unpaid leave. Authorizes an employee to elect, or an employer to require the employee, to substitute accrued paid vacation leave or personal leave for leave provided under this Act. Prohibits: (1) such employers from interfering with, restraining, or denying the taking of any leave provided under this Act; (2) such employers from discharging or discriminating against individuals for opposing practices made unlawful by this Act; and (3) any person from discharging or discriminating against individuals for filing any charge or instituting any proceeding under this Act, giving any information in connection with inquiries or proceedings relating to such leave, or testifying in inquiries or proceedings related to such leave. Gives the Secretary of Labor investigative authority with respect to the provisions of this Act in the same manner and under the same terms and conditions as the investigative authority provided under the Family and Medical Leave Act of 1993. Requires such employers to post in conspicuous places on their premises a notice with information pertaining to the filing of a charge under this Act.

To require employers to provide veterans with time off on Veterans Day.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partial Hospitalization Stabilization and Integrity Act of 2011''. SEC. 2. MEDICARE PAYMENT FOR PARTIAL HOSPITALIZATION SERVICES. (a) Establishment of New Payment Methodology.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), by striking ``or (E)'' and inserting ``(E), or (I)''; (B) in subparagraph (G), by striking ``and'' at the end; (C) in subparagraph (H), by striking the comma at the end and inserting ``; and''; and (D) by inserting after subparagraph (H) the following new subparagraph: ``(I) with respect to partial hospitalization services, the amount determined under subsection (z);''; (2) in subsection (t)(2)(B)-- (A) in clause (iii), by striking ``but''; (B) in clause (iv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) does not include partial hospitalization services.''; and (3) by adding at the end the following new subsection: ``(z) Payment for Partial Hospitalization Services.-- ``(1) In general.--The Secretary shall establish consistent with this subsection a payment system for partial hospitalization services. Such payment system shall be designed to provide for the same payment rates without regard to whether the services are furnished by a hospital or by a community mental health center, to minimize annual fluctuations in overall rates, and to result in an aggregate amount of payment under this part for such services during the first 5 years in which this subsection is effective equal to the aggregate amount of payment that would have been made under this part for such services during such period if the Partial Hospitalization Stabilization and Integrity Act of 2011 had not been enacted. ``(2) Description of system.--Under such payment system-- ``(A) payments shall be made based on a per diem rate (computed consistent with subparagraph (B)) and subject to an annual increase (consistent with subparagraphs (C) and (D) and paragraph (1)); ``(B) the base per diem rate for services furnished in 2011 under this subparagraph shall be deemed to be $238.33 for partial hospitalization services (including mental health services composite), $82.73 with respect to brief individual psychotherapy, $113.05 for extended individual psychotherapy, $128.82 for extended individual psychotherapy, and $54.87 for group psychotherapy; ``(C) the annual adjustment under this subparagraph shall be, subject to subparagraph (D) and paragraph (1), a uniform inflation factor, such as the consumer price index for all urban consumers, to be specified by the Secretary; ``(D) such annual adjustment-- ``(i) if an increase, shall be-- ``(I) provided in full only for those providers of partial hospitalization services that meet performance standards specified by the Secretary consistent with the quality service criteria established under paragraph (3) and paragraph (4); and ``(II) reduced for those providers of such services that fail to meet such performance standards; and ``(ii) if a decrease, shall be-- ``(I) provided in full for those providers of such services that fail to meet such standards; and ``(II) reduced for those providers of such services that meet such standards; and ``(E) payment shall not be made for partial hospitalization services with a level of care of fewer than 4 services per service day. ``(3) Establishment of quality service criteria to judge performance.--In order to carry out paragraph (2)(D), the Secretary shall establish criteria to measure performance of providers of partial hospitalization services. Such criteria shall include criteria relating to at least the following: ``(A) Access.--The number of program days of scheduled operation from the time of a request for services to the first scheduled day of service. ``(B) Treatment intensity.--The percentage of scheduled attendance consistent with a minimum attendance average of 4 days per calendar week over an episode of care. ``(C) Discharge planning.--The percentage of patients with a scheduled follow-up appointment within 14 days after the date of discharge (as needed). ``(D) Continuity of care.--The percentage of post- discharge continuity of care plans provided to next level of care providers upon discharge. ``(4) Requirement for accreditation.--Effective 2 years after the date of the enactment of this subsection, a provider of partial hospitalization services shall not be considered to meet performance standards under paragraph (2)(D) unless the provider is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, or such other accreditation body as may be recognized by the Secretary.''. (b) Conforming Coverage of Mental Health Services Composite Furnished by Community Mental Health Centers.--Under section 1861(ff)(2)(I) of the Social Security Act (42 U.S.C. 1395x(ff)(2)(I)), the Secretary of Health and Human Services shall include such items and services as would result in the same scope of items and services covered under partial hospitalization services if furnished by a community mental health center as would be covered as partial hospitalization services if furnished by a hospital. (c) Effective Date.--This section, and the amendments made by this section, shall apply to services furnished on or after January 1, 2012.

Partial Hospitalization Stabilization and Intregity Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish: (1) a payment system for partial hospitalization services, and (2) quality service criteria to measure the performance of providers of such services.

To amend title XVIII of the Social Security Act with respect to payment for partial hospitalization services under the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids and Terrorism Preparedness Act''. SEC. 2. EMERGENCY MEDICAL AND RESCUE SERVICES FOR CHILDREN. (a) In General.--Section 1910(a) of the Public Health Service Act (42 U.S.C. 300w-9(a)) is amended-- (1) by striking ``may make grants to States or accredited schools of medicine in States to support a program of demonstration projects for the expansion and improvement of emergency medical services for children'' and inserting ``may make grants to, or enter into contracts with, States, local government entities, Indian tribes, accredited schools of medicine, and nonprofit children's hospitals to improve emergency medical services for children who need treatment for trauma or critical care''; (2) by inserting before the first period the following: ``, including injury prevention activities and data collection''; (3) by striking ``3-year'' and inserting ``4-year''; and (4) by striking ``4th'' and inserting ``5th''. (b) Authorization of Appropriations.--There is authorized to be appropriated $45,000,000 to carry out section 1910 of the Public Health Service Act (42 U.S.C. 300w-9). SEC. 3. APPROPRIATE MEDICINES FOR CHILDREN IN THE FACE OF BIOTERRORISM. (a) Meetings.--The Secretary of Health and Human Services, in consultation with Commissioner of the Food and Drug Administration, the Director of the National Institutes of Health, and the heads of other appropriate Federal entities, shall convene meetings with drug manufacturers, biotechnology manufacturers, and medical device manufacturers to formulate a plan for the development of new, and enhancement of existing, countermeasures (including diagnostics, drugs, vaccines, biologics, and medical devices) that may be appropriate to prevent and treat children who are exposed to biological agents and chemical, radiological, or nuclear toxins. (b) Notice of Products and Referrals.--The Secretary of Health and Human Services shall give public notice of the products (including diagnostics, drugs, vaccines, biologics, and medical devices) that should be studied with respect to children, in response to bioterrorist threats. (c) Contracts, Grants, and Cooperative Agreements.--The Secretary of Health and Human Services shall award contracts, grants, or cooperative agreements to manufacturers described in subsection (a), and other entities with the appropriate capacity and expertise, to conduct needed studies relating to children. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2002. SEC. 4. CHILDREN'S MENTAL HEALTH. Section 501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is amended-- (1) in paragraph (1)-- (A) by striking ``2.5 percent'' and inserting ``5 percent''; and (B) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1), the following: ``(2) Condition.--A condition of paragraph (1) is that 2.5 percent of the funds subject to paragraph (1) may only be available for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by terrorist acts.''. SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. Title III of the Public Health Service Act is amended by inserting after section 319G (42 U.S.C. 247d-7) the following: ``SEC. 319H. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS. ``(a) In General.--The Secretary may award grants to eligible entities described in subsection (b) to enable such entities to increase the coordination and development of bioterrorism preparedness efforts relating to the needs of children. ``(b) Eligibility.--To be an eligible entity under this subsection, an entity shall-- ``(1) be a State, political subdivision of a State, a consortium of 2 or more States or political subdivisions of States, a public or private non-profit agency or organization, or other organization that serves children as determined appropriate by the Secretary; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Funds.--An entity shall use amounts received under a grant under this section to carry out activities for the coordination and development of bioterrorism preparedness efforts relating to the physical- and health-related needs of children. ``(d) Funding.--The Secretary may use amounts appropriated under the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107- 38) to carry out this section.''.

Kids and Terrorism Preparedness Act - Amends the Public Health Service Act to expand the emergency medical services for children grant program by including: (1) local government entities, Indian tribes, and nonprofit children's hospitals; (2) injury prevention activities and data collection; and (3) a longer time frame.Directs the Secretary of Health and Human Services to formulate a plan to assure the existence of countermeasures (diagnostics, drugs, vaccines, devices) appropriate for children exposed to biological agents and chemical, radiological, or nuclear toxins.Earmarks funds for grants for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by terrorist acts.Authorizes the Secretary to award grants to States and others to increase the coordination and development of bioterrorism prepaparedness efforts relating to the needs of children.

A bill to meet the needs of children when preparing for and responding to acts of terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Improvement Program Temporary Extension Act of 1994''. TITLE I_AIRPORT IMPROVEMENT PROGRAM SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION. (a) Authorization._The second sentence of section 505(a) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(a)) is amended_ (1) by striking ``and'' after ``1992,''; and (2) by inserting ``, and $15,413,157,000 for fiscal years ending before October 1, 1994'' before the period at the end. (b) Obligational Authority._Section 505(b)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is amended by striking ``September 30, 1993'' and inserting ``June 30, 1994''. SEC. 102. APPORTIONMENT OF FUNDS. Section 507(b)(3)(A) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended_ (1) by striking ``or reducing the amount authorized or'' and inserting ``the amount''; (2) by inserting ``to less than $1,900,000,000'' after ``to be obligated''; and (3) by striking ``limited or reduced''. SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS. Section 507(b)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2206(b)(1)) is amended by striking ``$400,000'' and inserting ``$500,000''. SEC. 104. DISCRETIONARY FUND. (a) Minimum Amount To Be Credited._Section 507(c) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2206(c)) is amended by adding at the end the following new paragraph: ``(5) Special rule._(A) In any fiscal year not less than $325,000,000 of the amount made available under section 505(a) shall be credited to the discretionary fund established by paragraph (1), and such $325,000,000 shall be exclusive of amounts that have been apportioned in a prior year under this section and which remain available for obligation. ``(B) In any fiscal year in which the amount credited to the discretionary fund pursuant to paragraph (1) is less than $325,000,000, the total amount calculated under subparagraph (C) of this paragraph shall be reduced by an amount which, when credited to the discretionary fund, will, together with the amount credited pursuant to paragraph (1), equal $325,000,000. ``(C) The total amount, for any fiscal year, that is subject to reduction pursuant to subparagraph (B) shall be the sum of_ ``(i) the amount determined under subsection (a)(1); ``(ii) the amount determined under subsection (a)(2); ``(iii) the amount determined under subsection (a)(3); ``(iv) the amount determined under section 508(d)(1); ``(v) the amount determined under section 508(d)(2); ``(vi) the amount determined under section 508(d)(3); ``(vii) the amount determined under section 508(d)(4); and ``(viii) the amount determined under section 508(d)(5). ``(D) To accomplish a reduction pursuant to subparagraph (B), each of the amounts described in subparagraphs (C)(i) through (C)(viii), respectively, shall be reduced by an equal percentage.''. (b) Effective Date._The amendment made by subsection (a) shall take effect on July 1, 1994. SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS. Section 508(d) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2207(d)) is amended_ (1) in paragraph (1), by striking ``10'' and inserting ``5''; (2) in paragraph (3), by striking ``2.5'' wherever it appears and inserting ``1.5''; and (3) in paragraph (4), by striking ``\1/2\'' and inserting ``\3/ 4\''. SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES. Section 513(a)(2) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(a)(2)) is amended_ (1) by striking ``or'' at the end of subparagraph (A); (2) by inserting ``or'' after the semicolon at the end of subparagraph (B); and (3) by inserting after subparagraph (B) the following: ``(C)(i) it was incurred_ ``(I) during fiscal year 1994; ``(II) before execution of a grant agreement with respect to the project but in accordance with an airport layout plan approved by the Secretary and in accordance with all applicable statutory and administrative requirements that would have been applicable to the project if the grant agreement had been executed; and ``(III) for work related to a project for which a grant agreement was previously executed during fiscal year 1994; and ``(ii) its Federal share is only paid with sums apportioned under sections 507(a)(1) and 507(a)(2).''. SEC. 107. TERMINAL DEVELOPMENT. Section 513(b)(2) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2212(b)(2)) is amended_ (1) in the second sentence_ (A) by inserting after ``may be used'' the following: ``, subject to the approval of the Secretary, (A)''; and (B) by striking the period at the end and inserting the following: ``, and (B) by the sponsor of a reliever airport for the types of project costs allowable under paragraph (1) of this subsection, including project costs allowable for a commercial service airport which annually has .05 percent or less of the total enplanements in the United States.''; and (2) by adding at the end the following: ``All or any portion of the sums to be distributed at the discretion of the Secretary under sections 507(c) and 507(d) for any fiscal year may be distributed for use by primary airports each of which annually has .05 percent or less of the total enplanements in the United States for project costs allowable under paragraph (1) of this subsection.''. SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND. Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to expenditures from Airport and Airway Trust Fund) is amended by striking ``(as such Acts were in effect on the date of the enactment of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992)'' and inserting ``or the Airport Improvement Program Temporary Extension Act of 1994 (as such Acts were in effect on the date of the enactment of the Airport Improvement Program Temporary Extension Act of 1994)''. SEC. 109. UPWARD ADJUSTMENTS. (a) In General._The second sentence of section 505(b)(1) of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204(b)(1)) is further amended by_ (1) inserting ``(A)'' before ``Apportioned''; and (2) inserting before the period at the end ``; and (B) funds which have been recovered by the United States from grants made under this title if such funds are obligated only for increases under sections 512(b)(2) and 512(b)(3) of this title in the maximum obligation of the United States for any other grant made under this title''. (b) Retroactive Effective Date._The amendment made by subsection (a) shall take effect October 1, 1993. TITLE II_AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES. (a) Complaint By Air Carrier._ (1) Filing._An air carrier may file prior to June 30, 1994, with the Secretary a written complaint alleging that any increased fee imposed upon such air carrier by the owner or operator of an airport is not reasonable. The air carrier shall simultaneously file with the Secretary proof that a copy of the complaint has been served on the owner or operator of the airport. (2) Opportunity to respond._Before issuing an order under subsection (b), the Secretary shall provide the owner or operator of the airport an opportunity to respond to the filed complaint. (3) Frivolous complaint._If the Secretary determines that a complaint is frivolous, the Secretary may refuse to accept the complaint for filing. (b) Order By The Secretary._ (1) In general._Except as provided by paragraph (2), the Secretary shall issue, within 7 days after the filing of a complaint in accordance with subsection (a), an order prohibiting the owner or operator of the airport from collecting the increased portion of the fee that is the subject of the complaint, unless the Secretary makes a preliminary determination that the increased fee is reasonable. Subject to subsection (d), the order shall cease to be effective on June 30, 1994. (2) Limitation._The Secretary shall not issue an order under this subsection prohibiting the collection of any portion of a fee for which the Secretary's informal mediation assistance was requested on March 21, 1994. (c) Opportunity To Comment And Furnish Related Material._Within a period prescribed by the Secretary, the owner or operator of the airport and any affected air carrier may submit comments to the Secretary on a complaint filed under subsection (a) and furnish to the Secretary any related documents or other material. (d) Action on Complaint._Based on comments and material provided under subsection (c), the Secretary may take appropriate action on the complaint, including termination or other modification of any order issued under subsection (b). (e) Applicability._This section does not apply to a fee imposed pursuant to a written agreement binding on air carriers using the facilities of an airport. (f) Effect on Existing Agreements._Nothing in this section shall adversely affect any existing written agreement between an air carrier and the owner or operator of an airport. SEC. 202. DEFINITIONS. For purposes of this title_ (1) the term ``fee'' means any rate, rental charge, landing fee, or other service charge for the use of airport facilities; and (2) the term ``Secretary'' means the Secretary of Transportation. TITLE III_REFORM OF AIR TRAFFIC CONTROL SYSTEM SEC. 301. AIR TRAFFIC CONTROL SYSTEM. (a) Study._The Secretary of Transportation shall undertake a study of management, regulatory, and legislative reforms which would enable the air traffic control system of the Federal Aviation Administration to provide better services to users and reduce the costs of providing services, without reducing the safety of the system or the availability of the system to all categories of users and without changing the basic organizational structure under which the system is part of the Federal Aviation Administration. (b) Components._The study to be conducted under subsection (a) shall include the following: (1) Evaluation of reforms which would streamline procurement, enhance the ability to attract and retain adequate staff at hard- to-staff facilities, simplify the personnel process, provide funding stability, ensure continuity of leadership, and reduce the incidence of unnecessarily detailed management oversight. (2) Identification of any existing laws or regulations governing procurement or personnel which are having an adverse effect on the operation or modernization of the air traffic control system. (3) Evaluation of a range of possible reforms and the advantages and disadvantages of each possible reform. (4) Comparison of the advantages and disadvantages of each possible reform with the comparable advantages and disadvantages to be achieved under any proposal of the Secretary of Transportation to create a separate Federal corporate entity to operate the air traffic control system. (c) Deadline._The results of the study to be conducted under subsection (a) shall be contained in a report which shall be completed by the Secretary of Transportation on or before the date which is 180 days after the date of the enactment of this Act, or the date on which the Secretary submits to Congress proposed legislation to create a separate corporate entity to operate the air traffic control system, whichever date occurs first. (d) Transmittal._On the date of completion of the report under subsection (c), the Secretary of Transportation shall transmit copies of the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. TITLE IV_MISCELLANEOUS PROVISIONS SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION PROJECT. (a) In general._Notwithstanding the termination of the personnel demonstration project for certain Federal Aviation Administration employees on June 17, 1994, pursuant to section 4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d), shall continue to pay quarterly retention allowance payments in accordance with subsection (b) to those employees who are entitled to quarterly retention allowance payments under the demonstration project as of June 16, 1994. (b) Computation Rules._ (1) In general._The amount of each quarterly retention allowance payment to which an employee is entitled under subsection (a) shall be the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994, reduced by that portion of the amount of any increase in the employee's annual rate of basic pay subsequent to June 17, 1994, from any source, which is allocable to the quarter for which the allowance is to be paid (or, if applicable, to that portion of the quarter for which the allowance is to be paid). For purposes of the preceding sentence, the increase in an employee's annual rate of basic pay includes_ (A) any increase under section 5303 of title 5, United States Code; (B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note)); (C) any establishment or increase in a special rate of pay under section 5305 of such title 5; (D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5; (E) any periodic step-increase under section 5335 of such title 5; (F) any additional step-increase under section 5336 of such title 5; and (G) any other increase in annual rate of basic pay under any other provision of law. (2) Section rule._In the case of an employee on leave without pay or other similar status for any part of the quarter prior to June 17, 1994, based on which the amount of the allowance payments for such employee under subsection (a) are computed, the ``amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994'' shall, for purposes of paragraph (1), be deemed to be the amount of the allowance which would have been payable to such employee for such quarter under such project had such employee been in pay status throughout such quarter. (c) Termination._An employee's entitlement to quarterly retention allowance payments under this section shall cease when_ (1) the amount of such allowance is reduced to zero under subsection (b), or (2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to receive an allowance under the demonstration project, whichever is earlier. (d) Special Payment Rule._The Administrator of the Federal Aviation Administration may make payment for the costs incurred under the program established by subsection (a) for the period between June 18, 1994, and September 30, 1994, following the end of the first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995. (e) Study of Recruitment and Retention Incentives._The Administrator of the Federal Aviation Administration shall conduct a study of impediments that may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Airport Improvement Program Title II: Airport-Air Carrier Disputes Regarding Airport Fees Title III: Reform of Air Traffic Control System Title IV: Miscellaneous Provisions Airport Improvement Program Temporary Extension Act of 1994 - Title I: Airport Improvement Program - Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for FY 1994 for airport development and planning projects. (Sec. 101) Extends the obligational authority of the Secretary of Transportation (Secretary) to make grants for airport development and planning projects through June 30, 1994. (Sec. 102) Limits to a specified percentage the apportionment for primary and cargo service airports if the Congress enacts a law limiting the apportionment for airport development and planning to less than $1.9 billion for any fiscal year. (Sec. 103) Increases the minimum funding for primary airports. (Sec. 104) Sets forth a formula for the reduction of funds not apportioned in any fiscal year for primary airports, cargo service airports, and Alaskan airports. Requires such reduced amounts to be credited to a discretionary fund. (Sec. 105) Sets forth mandates that not less than: (1) five percent (currently, ten) of the funds for airport development and planning be distributed for reliever airports; or (2) 1.5 percent (currently, 2.5 percent) of such funds be distributed for nonprimary commercial service airports and certain noncommercial service public airports. (Sec. 106) Provides as an allowable project cost reimbursable by the Government any airport development and planning costs: (1) incurred during FY 1994, before execution of a grant agreement that is in accordance with an approved airport layout plan and applicable requirements, for project work for which the agreement was previously executed during FY 1994; and (2) where the Federal share of such costs is only paid from sums apportioned for primary an cargo service airports. (Sec. 107) Limits to no more than $200,000 the amount of discretionary funds that may be used by a sponsor of a reliever airport for project costs related to terminal development, including allowable project costs for commercial service airports enplaning up to .05 percent of total U.S. enplanement. Allows the unlimited use of such funds for terminal development at primary airports enplaning up to .05 percent of total U.S. enplanements (small airports). (Sec. 109) Declares that nothing shall preclude the Secretary, after September 30, 1993, from obligating by grant agreement funds which have been recovered by the United States from grants made for airport development and planning projects if they are obligated only for increases in such grants. Title II: Airport-Air Carrier Disputes Regarding Airport Fees - Authorizes air carriers to file with the Secretary complaints alleging the unreasonableness of increased fees imposed upon them by airport operators. Permits airport operators and affected air carriers to submit comments and any related materials to the Secretary with respect to such complaints. Title III: Reform of Air Traffic Control System - Directs the Secretary to undertake a study of management, regulatory, and legislative reforms which would enable the Federal Aviation Administration's (FAA) air traffic control system to provide better services to users and reduce the costs of providing such services without reducing the safety or availability or structure of the system. Title IV: Miscellaneous Provisions - Requires the FAA to continue to pay quarterly retention allowance payments to certain terminated employees of a FAA demonstration project. Authorizes the Administrator of the FAA to make payment for costs incurred under such project for a specified period. (Sec. 401) Requires the Administrator of the FAA to study, and submit the results to specified congressional committees, of any impediments that may exist in achieving appropriate air traffic controller staffing levels at hard-to-staff facilities.

Airport Improvement Program Temporary Extension Act of 1994

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the 3 elementary schools available for the children of employees of Yosemite National Park are administered by the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District; (2) the elementary schools are in remote mountainous areas that are long distances from other educational and administrative facilities of the local school districts; (3) because of the remote locations of and relatively small number of students at the elementary schools serving the children of employees of the Park, the elementary schools provide fewer services in more basic facilities than other schools located in the local school districts; and (4) because of the long distances involved and adverse weather and road conditions that occur during much of the school year, it is impractical for the children of employees of the Park who live in or near the Park to attend other schools located in the local school districts. (b) Purpose.--The purpose of this Act is to authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist the State of California or local educational agencies in the State in providing educational services for students attending schools located in Yosemite National Park. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means-- (A) the Bass Lake Joint Union Elementary School District; and (B) the Mariposa Unified School District. (2) Educational service.--The term ``educational service'' includes-- (A) maintenance and minor upgrades of Park school facilities; and (B) transportation to and from Park schools. (3) Eligible student.--The term ``eligible student'' means a student who-- (A) is a dependent of a person engaged in the administration, operation, and maintenance of the Park; or (B) lives at or near the Park on real property of the United States. (4) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Park.--The term ``Park'' means Yosemite National Park, California. (6) Park school.--The term ``Park school'' means a school in the Park that serves eligible students. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) State.--The term ``State'' means the State of California. SEC. 3. FUNDING FOR EDUCATIONAL SERVICES. (a) In General.--For each of fiscal years 2003 through 2007, the Secretary may provide to the Districts funding for educational services for eligible students. (b) Amount.-- (1) In general.--Amounts made available to the Districts under this section for any fiscal year shall not exceed the lesser of-- (A) $750,000; or (B) the amount necessary to provide eligible students with educational services that are normally provided and generally available to students who attend other public schools in the State. (2) Adjustments.--Subject to paragraph (1), the Secretary may adjust the amounts made available under this section if the State or the appropriate local educational agencies do not provide, for any fiscal year, amounts for educational services at Park schools at per student levels that are equal to or greater than the amounts provided for the fiscal year before the date of enactment of this Act. (c) Limitations on Use of Funds.--Amounts provided by the Secretary to the Districts under this section may not be used by the Districts-- (1) for construction commenced after the date of enactment of this Act, construction contracts, or major capital improvements; or (2) to pay public employees for providing educational services not authorized by this Act. (d) Source of Funds.-- (1) In general.--Except as provided in paragraph (2), the Secretary may use amounts made available to the National Park Service from appropriations, donations, or fees to provide funding to Districts under this section. (2) Exceptions.--The Secretary may not provide funding under this section from amounts made available from-- (A) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); (B) the recreational fee demonstration program established under section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note; Public Law 104-134); (C) the national park passport program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992); and (D) emergency appropriations for Park flood recovery. SEC. 4. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 346e) is amended-- (1) in the first sentence-- (A) by inserting ``and Yosemite National Park'' after ``Zion National Park''; and (B) by inserting ``transportation systems and'' before ``the establishment of''; and (2) by striking ``park'' each place it appears and inserting ``parks''. SEC. 5. ADVISORY COMMISSIONS. (a) Golden Gate National Recreation Area Advisory Commission.-- Section 5 of Public Law 92-589 (16 U.S.C. 460bb-4) is amended-- (1) in subsection (b)-- (A) by striking ``(b) The Commission'' and inserting the following: ``(b) Membership.-- ``(1) In general.--The Commission''; (B) by striking ``Provided, That the'' and all that follows through the period; and (C) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: ``(2) Considerations.--In appointing members to the Commission, the Secretary shall ensure that the members represent the interests of local, historic recreational users of the recreation area.''; and (2) in subsection (g), by striking ``thirty'' and inserting ``40''. (b) Manzanar National Historic Site Advisory Commission.--Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) is amended by striking ``10 years after the date of enactment of this title'' and inserting ``on December 31, 2012''.

Authorizes the Secretary of the Interior to provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live at or near the Park upon Federal property.Allows such educational services to include maintenance and minor upgrades of facilities and transportation to and from school. Allows such payments to come from funds available to the National Park Service through appropriations, donations, or fees; but prohibits such payments from the following sources: (1) fees under the Land and Water Conservation Fund Act of 1965; (2) the recreational fee demonstration program; (3) the national park passport program; and (4) emergency appropriations for Yosemite flood recovery.Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park.Amends specified Federal law to increase the number of members on the Golden Gate National Recreation Area Advisory Commission, and require that they represent the interests of local, historic recreational users of such recreational area.Amends specified Federal law to extend through 2012 the existence of the Manzanar National Historic Site Advisory Commission.

A bill to provide for adequate school facilities in Yosemite National Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family and Medical Leave Act''. SEC. 2. MILITARY FAMILY AND MEDICAL LEAVE. (a) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Active duty.--The term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. ``(15) Covered servicemember.--The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or medical holdover status, for a serious injury or illness. ``(16) Medical hold or medical holdover status.--The term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. ``(17) Serious injury or illness.--The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (b) Military Family and Medical Leave.-- (1) Entitlement to leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Military family and medical leave.--Subject to section 103, an eligible employee shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for a covered servicemember who is the spouse, son, daughter, or parent of the employee. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) Combined leave total.--During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (2) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``section 103(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 103''; and (ii) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (B) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (3) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (A) in paragraph (1)-- (i) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (ii) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (B) in paragraph (2)-- (i) in subparagraph (A), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''; and (ii) in subparagraph (B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (4) Notice.--Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (5) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A); (B) by striking ``In any'' and inserting the following: ``(1) In general.--In any''; and (C) by adding at the end the following: ``(2) Military family and medical leave.-- ``(A) In general.--The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is-- ``(i) leave under subsection (a)(3); or ``(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1). ``(B) Both limitations applicable.--If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).''. (c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Military Family and Medical Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (d) Failure To Return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (1) in paragraph (2)(B)(i), by inserting ``or under section 102(a)(3)'' before the semicolon; and (2) in paragraph (3)(A)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (e) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (f) Instructional Employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or under section 102(a)(3)'' after ``section 102(a)(1)''.

Military Family and Medical Leave Act - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to up to 26 workweeks of leave during a 12-month period to care for a covered service member who is the employee's spouse, son, daughter, or parent. Defines covered service member as a member of the U.S. Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or medical holdover status, for a serious injury or illness. Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period. Provides for the substitution of accrued paid vacation, personal, or family leave for any part of the 26-week period. Limits a husband and wife both working for the same employer to such 26 weeks altogether during a single 12-month period.

To amend the Family and Medical Leave Act of 1993 to expand family and medical leave for spouses, sons, daughters, and parents of servicemembers with combat-related injuries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Management Accountability Act of 2007''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS BONUS REVIEW BOARD. (a) Establishment.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 713. Bonus Review Board ``(a) Establishment.--There is in the Department a Bonus Review Board, which shall review proposed ratings, bonuses, and pay adjustments for covered employees of the Department and make recommendations to the Secretary with respect to the award of such ratings, bonuses, and pay adjustments. ``(b) Responsibilities.--(1) The performance review board of the Department shall submit to the Bonus Review Board a proposal for any rating, bonus, or pay adjustment recommended by the performance review board for a covered employee at least 30 days before the Secretary may award the rating, bonus, or pay adjustment. ``(2) Not later than 14 days after receiving a proposal submitted under paragraph (1), the Bonus Review Board shall meet to review the proposal and submit to the Secretary the recommendation of the Bonus Review Board with respect to whether or not the proposed rating, bonus, or pay adjustment should be awarded. In making a recommendation with respect to a proposed rating, bonus, or pay adjustment, the Bonus Review Board shall take into consideration the performance of the Department during the fiscal year preceding the year in which the recommendation is made, especially the performance of the Department with respect to claims backlog and waiting times for appointments at Department medical facilities. ``(3) The Secretary may not award a rating, bonus, or pay adjustment to any covered employee until the Secretary has received a recommendation from the Bonus Review Board with respect to that rating, bonus, or pay adjustment. ``(c) Membership.--(1) The Bonus Review Board shall be composed of six members as follows: ``(A) Two members appointed by the chairman of the Committee on Veterans' Affairs of the House of Representatives. ``(B) Two members appointed by the chairman of the Committee on Veterans' Affairs of the Senate. ``(C) One member appointed by the ranking member of the Committee on Veterans' Affairs of the House of Representatives. ``(D) One member appointed by the ranking member of the Committee on Veterans' Affairs of the Senate. ``(2) Each member of the Bonus Review Board shall-- ``(A) not be or have ever been an employee of the Department; ``(B) shall not be a relative of any employee of the Department; and ``(C) have business experience and demonstrated expertise in managing human and financial resources. ``(3) Each member of the Bonus Review Board shall be appointed for a term of three years. ``(4) A vacancy in the Bonus Review Board shall be filled in the manner in which the original appointment was made. ``(5)(A) Members of the Bonus Review Board shall serve without compensation. ``(B) Members of the Bonus Review Board shall be allowed reasonable and necessary travel expenses, including per diem in lieu of subsistence, at rates authorized for persons serving intermittently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of the responsibilities of the advisory committee. ``(6) The Bonus Review Board shall meet at least once annually. ``(d) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Bonus Review Board. ``(e) Covered Employee.--For the purposes of this section, the term `covered employee' means an employee of the Department who-- ``(1) is employed in a Senior Executive Service position; ``(2) is appointed by the President, by and with the consent of the Senate; or ``(3) holds a position which has been excepted from the competitive service (as defined by section 2102 of title 5) by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ``(f) Annual Report.--Not later than February 1 of each year, the Secretary shall submit to Congress a report on the bonuses awarded to covered employees during the preceding calendar year. Each such report shall contain for the year covered by the report-- ``(1) the name of each person who served as a member of the Bonus Review Board; ``(2) the number of bonus proposals submitted to the Bonus Review Board; ``(3) the number of proposed bonuses that the Bonus Review Board recommended that the Secretary award to covered employees; ``(4) the number of bonuses the Secretary awarded to covered employees; and ``(5) the name of each covered employee who received a bonus and the amount of that bonus.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Bonus Review Board.''. (c) Effective Date.--Section 713 of title 38, United States Code, as added by subsection (a), shall apply with respect to any rating, bonus, or pay adjustment awarded by the Secretary of Veterans Affairs after the date that is 60 days after the date of the enactment of this Act.

Department of Veterans Affairs Management Accountability Act of 2007 - Establishes in the Department of Veterans Affairs (VA) a Bonus Review Board which shall review proposed ratings, bonuses, and pay adjustments for covered VA employees and make recommendations with respect to the award of such ratings, bonuses, and pay adjustments.

To amend title 38, United States Code, to establish in the Department of Veterans Affairs a Bonus Review Board.

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Senior Executive Service Reform Act of 2003''. (b) References.--Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; references; table of contents. Sec. 2. Amendments relating to basic pay. Sec. 3. Locality pay adjustment limitation. Sec. 4. Annual leave enhancements. Sec. 5. Expanded Senior Executive Service limited appointment authority. Sec. 6. Effective date. SEC. 2. AMENDMENTS RELATING TO BASIC PAY. (a) Basic Pay for Senior Executive Service Positions.-- (1) Pay range.--Section 5382 is amended to read as follows: ``Sec. 5382. Range in rates of pay for the senior executive service ``Each senior executive is entitled to basic pay at the rate determined for such senior executive under section 5383, except that no rate so determined may be-- ``(1) greater than the rate of basic pay for level III of the Executive Schedule, or ``(2) less than the minimum rate of basic pay payable under section 5376.''. (2) Setting individual rates.--Subsection (a) of section 5383 is amended to read as follows: ``(a)(1) Subject to section 5382, each appointing authority shall determine the rate of basic pay which shall be paid to each senior executive under such appointing authority. ``(2) A determination under this subsection shall, with respect to any senior executive, be made based on such senior executive's experience and capabilities, the responsibilities of the position such senior executive holds, and such other criteria as the Office of Personnel Management may by regulation prescribe.''. (3) Limitation on adjustments.--Subsection (c) of section 5383 is amended by striking ``Except'' and all that follows through ``title,'' and inserting ``Except as otherwise provided in regulations under section 5385,''. (b) Basic Pay for Other Positions.--Sections 5372(b)(1)(C), 5372a(b)(1), and 5376(b)(1)(B) are amended by striking ``level IV'' each place it appears and inserting ``level III''. (c) Coordination Provisions.-- (1) In general.--For purposes of determining the rate of compensation for any position described in paragraph (2), the President may, after the effective date set forth in section 6, continue to adjust rates of basic pay for the Senior Executive Service to the same extent and in the same manner as if the amendments made by this section had not been enacted. (2) Applicability.--This subsection applies with respect to any position the rate of compensation for which is set, by or under any provision of law enacted before the effective date set forth in section 6, by reference to a level or rate of pay for the Senior Executive Service. (3) Special rules.--The following special rules shall apply for purposes of carrying out this subsection: (A) Section 5382(b) of title 5, United States Code, as last in effect before the effective date specified in section 6, shall be deemed to have been amended by striking ``level IV'' and inserting ``level III''. (B)(i) Notwithstanding any other provision of law, after the effective date specified in section 6, the President may, on his own initiative, provide for such comparability payments for the Senior Executive Service as he considers necessary in order to carry out the purposes described in paragraph (1). (ii) For purposes of this subparagraph, section 5304(g)(2) of such title 5 shall, to the extent that it relates to the Senior Executive Service, be deemed to have been amended by striking ``level III'' and inserting ``level II''. (4) Limited effect.--Any adjusted rates of pay and any comparability payments fixed for the Senior Executive Service under this subsection shall not have any force or effect except as provided in paragraph (1) or (3)(B). (d) Technical and Conforming Amendments.-- (1) Limitations on pay fixed by administrative action.-- (A) Section 5306.--Section 5306(d) is amended by striking the period and inserting ``, including under section 5372, 5376, or 5383.''. (B) Section 5373.--Section 5373(a) is amended-- (i) by striking ``or'' at the end of paragraph (3); (ii) by striking paragraph (4) and inserting the following: ``(4) section 4802, 5372, 5376, or 5383; or''; and (iii) by redesignating the second paragraph (4) (as added by section 10702(c)(3) of Public Law 107-171 (116 Stat. 517)) as paragraph (5). (2) References to section 5382.-- (A) The analysis for chapter 53 is amended by striking the item relating to section 5382 and inserting the following: ``5382. Range in rates of pay for the senior executive service.''. (B) Section 3161(d)(2) is amended by striking ``established'' and inserting ``allowable''. (C) Sections 4507(e)(1) and 5384(a)(2) are each amended by striking ``5382'' and inserting ``5383''. SEC. 3. LOCALITY PAY ADJUSTMENT LIMITATION. Paragraph (2) of section 5304(g) is amended to read as follows: ``(2) The applicable maximum under this subsection shall-- ``(A) for any positions under subparagraphs (A)-(E) of subsection (h)(1), be level II of the Executive Schedule; and ``(B) for any positions under subsection (h)(1)(F) which the President may determine, be level III of the Executive Schedule.''. SEC. 4. ANNUAL LEAVE ENHANCEMENTS. (a) In General.--Section 6303 is amended by adding at the end the following: ``(e)(1) Notwithstanding any provision of subsection (a), the rate of accrual of annual leave in the case of an employee under paragraph (2) is one day for each full biweekly pay period. ``(2) This subsection applies to an employee in a position paid under section 5376 or 5383, or for an employee in an equivalent category of positions (as determined under regulations of the Office of Personnel Management) for which the minimum rate of basic pay is not less than 120 percent of the minimum rate of basic pay payable for GS- 15 of the General Schedule.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the effective date set forth in section 6. SEC. 5. EXPANDED SENIOR EXECUTIVE SERVICE LIMITED APPOINTMENT AUTHORITY. (a) Definitions.--Section 3132(a) is amended-- (1) by striking paragraphs (5) and (6), and inserting the following: ``(5) `limited term appointee' means an individual appointed under a nonrenewable appointment to a Senior Executive Service position for a term fixed in accordance with section 3394(d) and the duties of which position will expire at the end of such term; ``(6) `limited emergency appointee' means an individual appointed under a nonrenewable appointment to a Senior Executive Service position, established to meet a bona fide, unanticipated, urgent need, for a term fixed in accordance with section 3394(c);''; and (2) by striking paragraph (8) and inserting the following: ``(8) `career reserved position' means a position which is designated under subsection (b) and which may be filled either by-- ``(A) a career appointee; ``(B) a limited term appointee or limited emergency appointee who-- ``(i) is appointed to such position under section 3394; and ``(ii) immediately before entering such position, was serving under a career or career- conditional appointment outside the Senior Executive Service (or an appointment of equivalent tenure, as determined by the Office); or ``(C) a limited term appointee or limited emergency appointee who is reassigned to such position under section 3395(b); and''. (b) Duration of Limited Appointments.--Section 3394 is amended by adding at the end the following: ``(c)(1) A limited emergency appointee may be appointed for a period of not to exceed 1 year. ``(2) If the exigencies of the public business so require, such appointment may be extended for not to exceed 1 year. ``(3) The authorities under paragraphs (1) and (2) shall be available subject to section 3395(c). ``(d)(1) A limited term appointee may be appointed for a period of not to exceed 4 years. ``(2) If the exigencies of the public business so require, such appointment may be extended for not to exceed 2 years. ``(3) The authorities under paragraphs (1) and (2) shall be available subject to section 3395(c).''. (c) Reassignment Within the Senior Executive Service.-- (1) In general.--Subsection (b) of section 3395 is amended to read as follows: ``(b)(1)(A) Notwithstanding section 3394(b), a limited emergency appointee may be reassigned to another Senior Executive Service position in the same agency established to meet a bona fide, unanticipated, urgent need, except that the appointee may not serve in 1 or more positions in such agency under such appointment in excess of the term allowable under section 3394(c) (1) and (2). ``(B) An individual may not be reassigned under this paragraph to a career reserved position without the prior approval of the exercise of that reassignment authority by the Office of Personnel Management. ``(2)(A) Notwithstanding section 3394(b), a limited term appointee may be reassigned to another Senior Executive Service position in the same agency the duties of which will expire at the end of that individual's term, except that the appointee may not serve in 1 or more positions in the agency under such appointment in excess of the term allowable under section 3394(d) (1) and (2). ``(B) An individual may not be reassigned under this paragraph to a career reserved position without the prior approval of the exercise of that reassignment authority by the Office of Personnel Management.''. (2) Limitation on aggregate service.--Section 3395(c) is amended-- (A) by striking ``48 months'' and inserting ``10 years''; and (B) by striking ``36 months'' and inserting ``7 years''. (d) Reemployment Rights for Certain Appointees in the Senior Executive Service.-- (1) In general.--Section 3594 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ``(c) A limited emergency appointee or limited term appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.''. (2) Conforming amendments.--Section 3594(d) (as so redesignated by paragraph (1)) is amended-- (A) by striking ``subsections (a) and (b)'' and inserting ``subsections (a), (b), and (c)''; and (B) by adding at the end the following: ``(3) A limited emergency appointee or limited term appointee described in subsection (c) shall be entitled to the same rights under this subsection as a career appointee described in subsection (a).''. (e) Applicability; Savings Provision; Transition Rule.-- (1) Applicability.--The amendments made by this section shall apply with respect to appointments made on or after the effective date specified in section 6. (2) Savings provisions.--Appointments made prior to the effective date specified in section 6 shall continue to be governed by provisions of title 5, United States Code, applied as if this section had not been enacted. (3) Transition rule.-- (A) In general.--Service as a limited term appointee or limited emergency appointee performed before the effective date specified in section 6 shall not be taken into account for purposes of applying section 3395(c) of title 5, United States Code, as amended by this section. (B) Definitions.--For purposes of this paragraph, the terms ``limited term appointee'' and ``limited emergency appointee'' have the meanings set forth in section 3132(a) of such title 5, as in effect before such effective date. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect 90 days after the date of the enactment of this Act.

Senior Executive Service Reform Act of 2003 - Prohibits pay rates for members of the Senior Executive Service (SES) from being: (1) greater than that for level III of the Executive Schedule (ES); or (2) less the minimum rate of basic pay for senior level positions classified above GS-15. Requires each appointing authority to determine such rates based on the executive's experience and capabilities, responsibilities of the position, and such other criteria as the Office of Personnel Management may prescribe.Provides pay increases for administrative law judges, Contract Appeals Board members, and certain senior level positions by raising the ES level on which their pay is based. Authorizes the President to provide for such SES comparability pay adjustments as necessary to conform to such increased rates.Establishes as the maximum annual rate of pay, including comparability pay adjustments: (1) ES level II for SES positions, including positions in the Federal Bureau of Investigation and the Drug Enforcement Administration; and (2) ES level III for Federal positions not covered by the General Schedule for which the rate of pay is no more than the ES level IV rate.Provides one day of annual leave for each full biweekly pay period for positions classified above GS-15, senior executives, and employees for which the minimum rate of basic pay is not less than 120 percent of the GS-15 rate.Limits the duration of limited emergency appointments to one year and of limited term appointments to four years, allowing extensions if exigencies of the public business so require. Outlines reassignment authority for such employees. Increases limits on aggregate service. Provides reemployment rights.

To provide for reform of the Senior Executive Service, adjustment in the rates of pay of certain positions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Angler Preservation Act''. SEC. 2. IMPROVING SCIENTIFIC REVIEW. Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) is amended-- (1) in subsection (g)(1)(B)-- (A) by inserting ``(i)'' after ``(B)''; (B) by inserting ``risk neutral'' before ``scientific advice''; and (C) by adding at the end the following: ``(i) A scientific and statistical committee may not provide a recommendation to increase or decrease an annual catch limit by 20 percent or greater unless the recommendation has been approved in a peer review process conducted exclusively by non-governmental entities.''; and (2) in subsection (h)(7)-- (A) by striking ``and'' after the semicolon at the end of subparagraph (B); and (B) by adding at the end the following: ``(D) be submitted to Congress; and''. SEC. 3. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED FISHERIES. Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)) is amended-- (1) in paragraph (4)(A)-- (A) in clause (i), by striking ``possible'' and inserting ``practicable''; and (B) by amending clause (ii) to read as follows: ``(ii) not exceed 10 years, except in cases where-- ``(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; ``(II) the Secretary determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; ``(III) the Secretary determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock of fish is on a positive rebuilding trend; ``(IV) the Secretary determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend; ``(V) the Secretary determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect; or ``(VI) the Secretary determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish in the 25-year period preceding and there is evidence that the stock is on a positive rebuilding trend;''; and (2) in paragraph (7), in the matter preceding subparagraph (A), by inserting after the first sentence the following: ``In evaluating progress to end overfishing and to rebuild overfished stocks of fish, the Secretary shall review factors, other than commercial fishing and recreational fishing, that may contribute to a stock of fish's overfished status, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and their impact on the marine environment, predator/prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.''; and (3) by adding at the end the following: ``(8) If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), (V), or (VI) of paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish concerned may not exceed the sum of the following time periods: ``(A) The initial 10-year rebuilding period. ``(B) The expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions. ``(C) The mean generation time of the stock. ``(9) In this subsection the term `on a positive rebuilding trend' means that the biomass of the stock of fish has shown a substantial increase in abundance since the implementation of the rebuilding plan.''. SEC. 4. DEADLINE FOR DISASTER DECLARATIONS. Section 312(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a) is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating subparagraphs (A) through (C), respectively, as clauses (i) through (iii); and (3) by adding at the end the following: ``(B) When acting on the request of the Governor of an affected State or a fishing community, the Secretary shall make the determination not later than 60 days after the date on which the Secretary receives the request.''. SEC. 5. APPROVAL OF LIMITED ACCESS PRIVILEGE PROGRAMS. (a) Initiation by Eligible Fishermen.--Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)) is amended to read as follows: ``(D) New england, mid-atlantic, south atlantic, and gulf initiation.-- ``(i) In general.--In the case of a fishery under the authority of the New England, Mid- Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless-- ``(I) a petition requesting development of such a program is submitted in accordance with clause (ii) and certified under clause (iii); and ``(II) the proposed plan or amendment has been approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established. ``(ii) Petition.--A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. ``(iii) Certification by secretary.--Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition. ``(iv) Definition of eligible fishermen.-- For purposes of this subparagraph, the term `eligible fishermen' means holders of permits issued under a fishery management plan.''. (b) Termination After Five Years.--Section 303A of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following: ``(j) Termination.--A limited access privilege program for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council shall terminate at the end of the five-year period beginning on the date that the program is established unless at least two-thirds of eligible fishermen (as defined in subsection (c)(6)) in the fishery to which the program applies approve the continuation of the program.''. SEC. 6. CERTIFICATION REQUIRED FOR FISHERY CLOSURE. (a) Secretarial Requirements.-- (1) Certification requirement.--Section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853) is amended by adding at the end the following: ``(d) Certification Required for Fishery Closure.--(1) The Secretary may not implement a closure of a fishery that would have a direct or indirect affect of at least $50,000 on each of more than 25 small businesses that do business related to the recreational, charter, or commercial fishing industries involved in the fishery being closed, unless the Secretary certifies that-- ``(A) the closure is the only option available for maintaining the fishery at a sustainable level; ``(B) the stock assessment for the fishery has been updated and peer reviewed within the preceding 3-year period; and ``(C) the stock assessment was developed using at least 2 models that were subjected to outside peer review by non-governmental entities prior to such use. ``(2) In this subsection, the term `small business' means any business that has had gross revenues of less than $500,000 per year for a minimum of three years.''. (2) Application to existing closures.--The Secretary shall-- (A) review any fishery closure for which notice was published in the Federal Register within the 2-year period preceding the date of enactment of this Act, and-- (i) within the 60-day period beginning on such date of enactment, make the certification described in the amendment made by subsection (a)(1) with respect to such closure; or (ii) within the 90-day period beginning on such date of enactment, review and implement options other than closure for maintaining the fishery at a sustainable level; (B) review the effects of each such closure on coastal communities, including-- (i) the direct and indirect impact of the closure on all affected small businesses in such communities; (ii) the job losses as a result of the closure that have already occurred in such communities; and (iii) the job losses as a result of the closure that are expected to occur in such communities within the 1-year period beginning on the date the review is initiated; and (C) report to Congress on the actions taken under the amendment made by subsection (a)(1) or this paragraph for each such closure. (b) Report to Congress.--The Secretary shall report to Congress by not later than 120 days after the date of enactment of this Act on-- (1) the number of fishery closures that were established within the 5-year period preceding such date of enactment; (2) the reason for each such closure; (3) the duration of each such closure; (4) the impact of each such closure on coastal communities; and (5) the expected duration of each such closure. (c) Definitions.--In this section: (1) Fishery.--The term ``fishery'' has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration. (3) Small business.--The term ``small business'' means any business that has had gross revenues of less than $500,000 per year for a minimum of three years.

American Angler Preservation Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require each scientific and statistical committee of the eight Regional Fishery Management Councils to provide its respective Council with ongoing risk neutral scientific advice (current law does not specify that such advice be risk neutral) for fishery management decisions. Prohibits such a committee from recommending to increase or decrease an annual catch limit by 20% or greater unless the recommendation has been approved in a peer review process conducted exclusively by nongovernmental entities. Requires fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (under current law, as short as possible). Modifies the exceptions to the requirement that such period not exceed ten years. Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing. Requires, when the Secretary of Commerce extends the rebuilding period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial ten-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock. Directs the Secretary, within 60 days after receiving a request from the governor of an affected state or a fishing community, to determine whether there is a commercial fishery failure due to a fishery resource disaster resulting from certain causes. Sets forth procedures for certification of a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council. Prohibits the Secretary, acting through the National Oceanic and Atmospheric Administration (NOAA), from closing a fishery that would have an affect of at least $50,000 on each of more than 25 small businesses related to the recreational, charter, or commercial fishing industries involved in the fishery being closed, unless the Secretary certifies that specified conditions have been met.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to preserve jobs and coastal communities through transparency and accountability in fishery management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Riverside School for the Arts Act of 2000''. SEC. 2. PLANNING AND DEVELOPMENT OF THE RIVERSIDE SCHOOL FOR THE ARTS. (a) Findings.--Congress makes the following findings: (1) The United States is home to the world's largest entertainment technology industry comprising motion picture production, television, multimedia, new media, and information technology sectors; motion picture production alone accounted for $30,500,000,000 in gross domestic product in 1997. (2) California's entertainment technology industry, centered in Southern California, provides the largest export product in the State. (3) The Southern California entertainment technology industry alone employs over 500,000 people--more than 70 percent of all entertainment professionals working in the State of California. (4) The Southern California entertainment technology industry continues to report a shortage of trained personnel to fill production and artistic jobs, and an ever-growing reliance on foreign labor. (5) National education in the arts, and training of artists and technical professionals in the United States has not kept pace with the demands of the entertainment technology industry. (6) California projects that more than 260,000 new elementary and secondary school teachers will be needed in the state in the next 10 years, and the University of California and the California State University systems now require successful completion of visual and performing arts coursework as a college entrance requirement. (7) No existing educational or training institution in California offers this fusion of academic, artistic, and technical preparation that can develop professionals or teachers equipped to meet the demands of the entertainment technology industry and the needs of California's public K-12 systems. (8) Riverside County, California (population 1,441,237), which is located adjacent to the core of the Southern California entertainment industry, is considered one of the State's fastest growing population/transportation/business corridors and is strategically positioned to be a center for an evolving entertainment support industry. (9) The Riverside School for the Arts will create a new model for developing and training artists and entertainment professionals, and will educate students from throughout the region, State, and Nation. (10) In 2000, the legislature of California authorized the designation of the Riverside School for the Arts as a California Center for Excellence and authorized the joint funding and operation of the School under the three public education segments. (11) The Riverside School for the Arts will serve as a model for intersegmental education that spans the K-12, community college, and university levels. (12) The Riverside School for the Arts will serve as a model for teacher preparation programs. (13) The Riverside School for the Arts will serve as a local, regional, and national site for the study of the integration of intensive liberal arts and sciences curriculum, traditional visual and performing arts training, and emerging new media instruction. (14) The Riverside School for the Arts will provide a unique access point into the entertainment technology industry for under-represented and disadvantaged populations, as well as a retraining entry point for professionals already employed in the industry. (15) The Riverside School for the Arts, located in the City of Riverside's main urban redevelopment area, will illustrate the concept of how an intersegmental, industry-sensitive educational institution can serve as a catalyst and anchor for the revitalization of downtown areas. (16) The Riverside School for the Arts will sponsor visual and performing arts programs, including programs related to all entertainment forms--e.g., film, drama, dance, music (traditional, contemporary, and electronic), literary arts, as well as community-oriented productions and events. (17) Facility development of the Riverside School for the Arts encompasses three distinct programmatic areas of study: the performing arts, the visual arts, and the liberal arts. The Riverside School for the Arts is planned to include a 400-seat Proscenium Theater, a 200-300 seat Black Box Theater, a 400- seat Dance Studio Theater, a Photography Modeling Center, a Digital Filmmaking and Animation Hall, sound and animation studios, convertible performance and exhibition spaces, a student-operated gift store, a film and video library, a back lot area, administrative and faculty offices, and a residential housing building. (18) It is appropriate for the Federal Government to share in the costs of planning and program development of the Riverside School for the Arts because Congress recognizes that the Riverside School for the Arts has the potential to be a premier education and training facility for performing arts, new media, and entertainment technology; and serve as a model for education/business partnerships, intersegmental educational planning, teacher preparation and training, and community and economic development. (b) Definitions.--In this section-- (1) the term ``Partnership'' means Riverside Community College, the University of California at Riverside, and the Riverside County Office of Education; and (2) the term ``School'' means the Riverside School for the Arts. (c) Construction of the School.--The Secretary of Education will award a grant to the Partnership to pay for the Federal share of the costs of design, construction, furnishing, and equipping the School that will be located at a site to be determined by the Riverside Community College District, within the City of Riverside, California. (d) Grant Requirements.-- (1) In general.--In order to receive a grant awarded under subsection (c), the Partnership, acting through the President of Riverside Community College-- (A) shall submit to the Secretary of Education, within 45 days of the date of the enactment of this Act, a copy of the Riverside School for the Arts program documents; and (B) shall exercise due diligence to expeditiously execute, in a period not to exceed 90 days, a memorandum of understanding concerning construction timelines and program development phases. (2) Memorandum of understanding.--The memorandum of understanding described in paragraph (1) shall provide-- (A) the date of completion of the construction of the School; (B) that the Partnership shall award the contract for architectural engineering and design services in accordance with the California Education Code; and (C) that the contract for construction of the School-- (i) shall be awarded pursuant to a competitive bid process; and (ii) shall be awarded not later than 3 months after the solicitation of bids for the construction of the School. (3) Federal share.--The Federal share of the costs described in subsection (c) shall be 50 percent. (4) Non-federal share.--The non-Federal share of the costs described in subsection (c) shall be in cash or in kind fairly evaluated, including plant, equipment, or services. The non- Federal share of the costs described in subsection (c) shall include $25,000,000 appropriated by the California State legislature for the planning, development, and construction of the School. (e) Use of Funds for Design, Construction, Furnishing, and Equipment.--The funds received under a grant awarded under subsection (c) shall be used only for the design, construction, inspection, and furnishing of the School. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Partnership to carry out this section a total of $25,000,000 for fiscal year 2001 and succeeding fiscal years. Funds appropriated pursuant to the authority of the preceding sentence shall remain available until expended.

Requires the Partnership to: (1) consist of the Riverside Community College, the University of California at Riverside, and the Riverside County Office of Education; and (2) execute a memorandum of understanding concerning construction timelines and program development phases. Authorizes appropriations.

Riverside School for the Arts Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mens Rea Reform Act of 2015''. SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES. (a) Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. State of mind when not otherwise specifically provided ``(a) Definitions.--In this section-- ``(1) the term `covered offense'-- ``(A) means an offense-- ``(i) specified in-- ``(I) this title or any other Act of Congress; ``(II) any regulation; or ``(III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and ``(ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and ``(B) does not include-- ``(i) any offense set forth in chapter 47 or chapter 47A of title 10; ``(ii) any offense incorporated by section 13(a) of this title; or ``(iii) any offense that involves conduct which a reasonable person would know inherently poses an imminent and substantial danger to life or limb; ``(2) the term `knowingly', as related to an element of an offense, means-- ``(A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and ``(B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; ``(3) the term `state of mind' means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, or with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and ``(4) the term `willfully', as related to an element of an offense, means that the person acted with knowledge that the person's conduct was unlawful. ``(b) Default Requirement.--Except as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted-- ``(1) with the state of mind specified in the text of the covered offense for each element for which the text specifies a state of mind; and ``(2) willfully, with respect to any element for which the text of the covered offense does not specify a state of mind. ``(c) Failure To Distinguish Among Elements.--Except as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. ``(d) Exceptions.-- ``(1) In general.--Subsections (b)(2) and (c) shall not apply with respect to-- ``(A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; ``(B) any element of a covered offense, to the extent that the element establishes-- ``(i) subject matter jurisdiction over the covered offense; or ``(ii) venue with respect to trial of the covered offense; or ``(C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under-- ``(i) precedent of the Supreme Court of the United States; or ``(ii) any other provision of this title, any other Act of Congress, or any regulation. ``(2) Mere absence insufficient.--For purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. ``(e) Applicability.--This section shall apply with respect to a covered offense-- ``(1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and ``(2) that occurred-- ``(A) on or after the date of enactment of this section; or ``(B) before the date of enactment of this section, unless-- ``(i) applying this section to such covered offense would-- ``(I) punish as a crime conduct that was innocent when done; ``(II) increase the punishment for the covered offense; or ``(III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; ``(ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; ``(iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or ``(iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. ``(f) Subsequently Enacted Laws.--No law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``28. State of mind when not otherwise specifically provided.''.

Mens Rea Reform Act of 2015 This bill amends the federal criminal code to establish a default intent (state of mind)standardfor a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise. A federal criminal offense conviction under the default standard requires proof beyond a reasonable doubtthat a defendant acted intentionally and willfully with respect to each element of the offense.If a state of mind is not specified for an element of the offense, it must be shown that the defendant acted willfully. A person who acts "willfully" does so with the knowledge that the conduct is unlawful. The bill sets forth certain exceptions where the default standard shall not apply. Additionally, the bill requires that when a provision of lawidentifies an intentstandard but does not specify which elements of the offense the standard applies to, the identified standard must apply to all elements of the offense.

Mens Rea Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Preparation Program Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 3. HIGHER EDUCATION PREPARATION PROGRAM CURRICULUM. (a) Program Authorized.--From amounts appropriated under section 6 for fiscal year 2005, the Secretary shall award, on a competitive basis, a grant to a nonprofit organization to enable the nonprofit organization to develop a curriculum-based higher education preparation program curriculum for students in grades 8, 9, and 10 that-- (1) educates such students about the opportunities for and the importance of higher education and prepares such students for the process of applying to institutions of higher education; and (2) provides 1 class hour of higher education preparation instruction each week for students in grades 8, 9, and 10. (b) Application.--Each nonprofit organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Award Basis.--In awarding a grant under this section, the Secretary shall take into consideration the ability of the nonprofit organization to develop the higher education preparation program curriculum described in subsection (a). SEC. 4. HIGHER EDUCATION PREPARATION PROGRAM DEMONSTRATION PROJECT. (a) Program Authorized.-- (1) In general.--From amounts appropriated under section 6, the Secretary shall establish a demonstration project under which the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to provide higher education preparation programs, using the higher education preparation program curriculum designed under section 3, to students in grades 8, 9, and 10 in middle schools and secondary schools served by the State educational agencies. (2) Number.--The Secretary shall award grants under paragraph (1) to not more than 5 State educational agencies. (3) Duration.--The Secretary shall award each grant under paragraph (1) for a period of 5 years. (b) Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Authorized Activities.--A State educational agency receiving a grant under this section-- (1) shall use grant funds to implement the higher education preparation program curriculum developed under section 3 in middle schools and secondary schools served by the State educational agency; and (2) may use grant funds, or any other funds including private funds, to supplement the program described in paragraph (1) with appropriate enrichments, such as guest speakers, videos, or web-based services. (d) Award Basis.--In awarding grants under this section, the Secretary shall take into consideration the number of middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (e) Requirement.--In selecting students in grades 8, 9, and 10 to participate in the higher education preparation program, a State educational agency receiving a grant under this section shall give priority to students in the middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (f) State Educational Agency Reports.--A State educational agency receiving a grant under this section shall-- (1) require that each middle school and secondary school participating in the higher education preparation program submit an annual report on the progress of the demonstration project to the State educational agency; and (2) submit an annual report on the progress of the demonstration project to the Secretary. SEC. 5. REPORTS TO CONGRESS. (a) Annual Reports.--The Secretary shall submit to Congress an annual report on the progress of the demonstration project described under section 4. (b) Final Report.--Not less than 90 days after the conclusion of the demonstration project described under section 4, the Secretary shall submit to Congress a final report on the results of the demonstration project, together with recommendations for such legislative or administrative action as the Secretary determines appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2005 through 2010.

Higher Education Preparation Program Act of 2004 - Directs the Secretary of Education to award: (1) a competitive grant to a nonprofit organization to develop a curriculum-based higher education preparation program curriculum for students in grades eight, nine, and ten; and (2) competitive grants to up to five State educational agencies to use such curriculum in a demonstration project for providing higher education preparation programs to students in such grades in middle and secondary schools.

A bill to provide education to students in grades 8, 9, and 10 about the importance of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Club Drug Abuse Reduction Act''. TITLE I--INTERAGENCY CLUB DRUG TASK FORCE SEC. 101. INTERAGENCY TASK FORCE. (a) Establishment.--There is established a ``Club Drug Task Force'' (referred to in this title as the ``interagency task force'') which shall consist of the following members: (1) The Attorney General, or a designee, who shall serve as chair. (2) 2 representatives selected by the Attorney General. (3) The Secretary of Education or a designee. (4) The Secretary of Health and Human Services or a designee. (5) 2 representatives of State and local law enforcement and regulatory agencies, to be selected by the Attorney General. (6) 2 representatives selected by the Secretary of Health and Human Services. (7) 5 nongovernmental experts in drug abuse prevention and treatment to be selected by the Attorney General. (b) Responsibilities.--The interagency task force shall be responsible for designing, implementing, and evaluating the education and prevention and treatment practices and strategies of the Federal Government in conjunction with State, local, and community leaders with respect to club drugs and other synthetic stimulants. (c) Meetings.--The interagency task force shall meet at least once every 6 months. (d) Funding.--The administrative expenses of the interagency task force shall be paid out of existing Department of Justice appropriations. (e) FACA.--The Federal Advisory Committee Act (5 U.S.C. App. 2) shall apply to the interagency task force. (f) Termination.--The interagency task force shall terminate 4 years after the date of enactment of this Act. SEC. 102. PUBLIC HEALTH MONITORING. The Secretary of Health and Human Services shall develop a public health monitoring program to monitor club drugs in the United States. The program shall include the collection and dissemination of data related to club drug abuse which can be used by public health officials in policy development. SEC. 103. DEFINITION. As used in this title, the term ``club drug'' means a primary synthetic that includes 3,4-methylenedioxymethamphetamine (MDMA), Katamine, Gamma Hydroxybutyrate (GHB), Gamma Butyrolactone (GBL), Flunitrazepam (Rohypnol), d-lysergic acid diethylamide (LSD), Phencyclidine (PCP), or methamphetamine. TITLE II--EXPANDING CLUB DRUG ABUSE PREVENTION EFFORTS SEC. 201. GRANTS BY CENTER FOR SUBSTANCE ABUSE PREVENTION. Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21) is amended by adding at the end the following subsection: ``(e) Prevention of Club Drug Abuse and Addiction.-- ``(1) Grants.--The Director of the Prevention Center may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities-- ``(A) to carry out school-based programs concerning the dangers of club drug abuse and addiction, using methods that are effective and evidence-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and ``(B) to carry out community-based club drug abuse and addiction prevention programs that are effective and evidence-based. ``(2) Use of funds.--Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering club drug prevention programs in accordance with paragraph (3). ``(3) Prevention programs and activities.-- ``(A) In general.--Amounts provided under this subsection may be used-- ``(i) to carry out school-based programs that are focused on those districts with high or increasing rates of club drug abuse and addiction and targeted at populations which are most at risk to start club drug abuse; ``(ii) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for club drug abuse and addiction; ``(iii) to assist local government entities to conduct appropriate club drug prevention activities; ``(iv) to train and educate State and local law enforcement officials, prevention and education officials, members of community anti- drug coalitions and parents on the signs of club drug abuse and addiction and the options for treatment and prevention; ``(v) for planning, administration, and educational activities related to the prevention of club drug abuse and addiction; ``(vi) for the monitoring and evaluation of club drug prevention activities, and reporting and disseminating resulting information to the public; and ``(vii) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies. ``(B) Priority.--The Director of the Prevention Center shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in club drug abuse and addiction. ``(4) Analyses and evaluation.-- ``(A) In general.--Not less than $500,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Director of the Prevention Center, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for club drug abuse and addiction and the development of appropriate strategies for disseminating information about and implementing these programs. ``(B) Annual reports.--The Director of the Prevention Centers shall submit to the Committee on Energy and Commerce and Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, an annual report with the results of the analyses and evaluation under subparagraph (A). ``(5) Definition.--For purposes of this subsection, the term `club drug' means a primary synthetic that includes 3,4- methylenedioxymethamphetamine (MDMA), katamine, gamma hydroxybutyrate (GHB), gamma butyrolactone (GBL), flunitrazepam (Rohypnol), d-lysergic acid diethylamide (LSD), phencyclidine (PCP), or methamphetamine. ``(6) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each subsequent fiscal year.''.

Comprehensive Club Drug Abuse Reduction Act - Establishes the Club Drug Task Force, an interagency task force which shall have responsibility for designing, implementing, and evaluating the education and prevention and treatment practices and strategies of the Federal Government in conjunction with State, local, and community leaders with respect to club drugs and other synthetic stimulants.Directs the Secretary of Health and Human Services to develop a public health monitoring program to monitor club drugs in the United States.Amends the Public Health Service Act to authorize the Director of the Prevention Center to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities to: (1) carry out school-based programs concerning the dangers of club drug abuse and addiction, using methods that are effective and evidence-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) carry out community-based club drug abuse and addiction prevention programs that are effective and evidence-based.

To establish a club drug taskforce, and to authorize grants to expand prevention efforts regarding the abuse of club drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Stimulus Through Bonus Depreciation Act of 2001''. SEC. 2. BONUS DEPRECIATION ALLOWANCE FOR CERTAIN BUSINESS ASSETS. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following: ``(k) Bonus Allowance for Certain Business Assets.-- ``(1) In general.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall be an amount equal to 50 percent of the adjusted basis of the qualified property, and ``(B) subject to paragraph (2), the amount otherwise allowable as a depreciation deduction under this chapter for any subsequent taxable year shall be computed in the same manner as if this subsection had not been enacted. ``(2) Adjusted basis.--The aggregate deduction allowed under this section for taxable years described in paragraph (1)(B) with respect to any qualified property shall not exceed the adjusted basis of such property reduced by the amount of the deduction allowed under paragraph (1)(A). ``(3) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies, or ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(ii) the original use of which commences with the taxpayer on or after September 11, 2001, ``(iii) which is-- ``(I) acquired by the taxpayer on or after September 11, 2001, and before July 1, 2002, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into on or after September 11, 2001, and before July 1, 2002, and ``(iv) which is placed in service by the taxpayer before January 1, 2003. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(I) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(II) after application of section 280F(b) (relating to listed property with limited business use). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(iii) Repaired or reconstructed property.--Except as otherwise provided in regulations, the term `qualified property' shall not include any repaired or reconstructed property. ``(C) Special rules relating to original use.-- ``(i) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (ii) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property on or after September 11, 2001, and before January 1, 2003. ``(ii) Sale-leasebacks.--For purposes of subparagraph (A)(i), if property-- ``(I) is originally placed in service on or after September 11, 2001, by a person, and ``(II) is sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(D) Coordination with section 280f.-- For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified equipment, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i), and decrease each other limitation under subparagraphs (A) and (B) of section 280F(a)(1), to appropriately reflect the amount of the deduction allowable under paragraph (1). ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(4) Applicable convention.--Subsection (d)(3) shall not apply in determining the applicable convention with respect to qualified property.''. (b) Allowance Against Alternative Minimum Tax.-- (1) In general.--Section 56(a)(1)(A) of the Internal Revenue Code of 1986 (relating to depreciation adjustment for alternative minimum tax) is amended by adding at the end the following: ``(iii) Additional allowance for certain business assets.--The deduction under section 168(k) shall be allowed.''. (2) Conforming amendment.--Clause (i) of section 56(a)(1)(A) of such Code is amended by inserting ``or (iii)'' after ``(ii)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after September 11, 2001, in taxable years ending on or after such date.

Economic Stimulus Through Bonus Depreciation Act of 2001 - Amends the Internal Revenue Code to provide a 50 percent bonus (first-year) deduction for qualified business property (including computer software) acquired or contracted for between September 11, 2001 and July 1, 2002, and placed in service before January 1, 2003.Sets forth related provisions respecting: (1) alternative depreciation property; (2) original use; and (3) alternative minimum tax.

A bill to amend the Internal Revenue Code of 1986 to allow a bonus deduction for depreciable business assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Claims Act''. SEC. 2. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE. Section 14010 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279-2) is amended-- (1) by striking the section enumerator and heading and all that follows through ``Each year'' and inserting the following: ``SEC. 14010. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE. ``(a) Required Reports and Submissions.--Each year''; (2) in paragraph (1)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by adding ``and'' at the end; and (C) by adding at the end the following: ``(E) the number of claims that have not been resolved during the 270-day period beginning on the date of acknowledgment of receipt of the claim by the agency;''; (3) in paragraph (2), by striking ``and'' at the end; (4) in paragraph (3), by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following: ``(3) submit to each Senator and Member of Congress a list that-- ``(A) identifies the number of constituents in the State or district of the Senator or Member that have outstanding civil rights claims that have been pending for more than 270 days since the date of acknowledgment of receipt of a formal complaint by the Department of Agriculture; and ``(B) includes the number of claims that are outstanding for each 60-day interval beyond the 270-day period. ``(c) Required Submissions to Claimant.--As soon as practicable after the expiration of the 270-day period beginning on the date of acknowledgment of receipt of a civil rights claim by the Department of Agriculture, if the claim remains outstanding, the Secretary shall submit to the claimant of the outstanding civil rights claim the estimated time of resolution for the claim. ``(d) Timeline for Response and Resolution.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall accept or deny all formal civil rights complaints sent by registered mail or delivered in person for processing during the 45-day period beginning on the date of receipt of the complaint. ``(2) Failure to accept complaint.-- ``(A) In general.--If the Secretary refuses to accept a complaint as a formal civil rights complaint, the complainant may appeal the intake decision during the 15-day period beginning on the date of the disputed intake through the office of the Assistant Secretary for Administration of the Department of Agriculture. ``(B) Required response.--The Assistant Secretary for Administration shall respond not later than 45 days after the date on which an appeal is filed under subparagraph (A) on acceptance or denial of the formal complaint process. ``(3) Resolution of claims.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary shall resolve all civil rights claims during the 270-day period beginning on the date of acknowledgment of delivery of the complaint by registered mail or in person. ``(B) Exceptions.-- ``(i) Alternative dispute resolution.-- Notwithstanding subparagraph (A), in a case in which the claimant has pursued the option of alternative dispute resolution with the Secretary, the 270-day period shall not begin until-- ``(I) the claimant terminates the alternative dispute resolution process in writing to the Department of Agriculture; and ``(II)(aa) the Department has acknowledged receipt of the claim; or ``(bb) the Postal Service verifies that the complaint has been delivered by registered mail. ``(ii) Pending criminal investigation.-- Notwithstanding subparagraph (A), in a case in which a criminal investigation is pending with respect to the claims, the 270-day period shall not begin until the pending criminal investigation has been concluded. ``(C) Failure to resolve.-- ``(i) In general.--If a civil rights claim is not resolved during the 270-day period, the Secretary shall provide to the claimant, in accordance with subsections (a)(3) and (b)-- ``(I) an explanation of the reason for delay; ``(II) an explanation of the remaining process that is required for the resolution of the claim; ``(III) a description of any items necessary for review; and ``(IV) an estimated time for resolution of the claim. ``(ii) Protection of confidential information.--An explanation of the reason for delay under clause (i) shall not include confidential information relating to the claim that would interfere with potential or ongoing court proceedings. ``(4) Appeal of finding of discrimination.-- ``(A) In general.--For any civil rights claim in which discrimination is found under this section, the claimant may file an appeal of the finding with the Assistant Secretary for Administration. ``(B) Action by assistant secretary for administration.--Not later than 180 days after the date on which an appeal is filed under subparagraph (A), the Assistant Secretary for Administration shall respond to the appeal by issuing an acceptance or denial of the finding. ``(e) Periodic Audits Conducted by Inspector General of the Department of Agriculture.--Not later than 2 years after the date of enactment of this subsection and not less frequently than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.''.

Fair Claims Act - Amends the Food, Conservation, and Energy Act of 2008 to require the Secretary of Agriculture (USDA) to: (1) accept or deny a formal civil rights complaint against USDA sent by registered mail or delivered in person within 45 days of receipt; and (2) resolve such claim within 270 days of receipt, with exceptions for pending criminal investigations or alternative dispute procedures. Authorizes a claimant to file an appeal of the finding with the Assistant Secretary for Administration for any civil rights claim in which discrimination is found.

A bill to amend the Food, Conservation, and Energy Act of 2008 to require the Secretary of Agriculture to acknowledge that the Department is considering or rejecting a civil rights claim not later than 45 days after receipt of the claim and, once considering a claim, to process all civil rights complaints within 270 days.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Art and Collectibles Capital Gains Tax Treatment Parity Act''. SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) 28-percent rate gain.--For purposes of this subsection, the term `28-percent rate gain' means the excess (if any) of-- ``(A) section 1202 gain, over ``(B) the sum of-- ``(i) the net short-term capital loss, and ``(ii) the amount of long-term capital loss carried under section 1212(b)(1)(B) to the taxable year. ``(5) Reserved.--''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE TAXPAYER. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: ``(8) Special rule for certain contributions of literary, musical, artistic, or scholarly compositions.-- ``(A) In general.--In the case of a qualified artistic charitable contribution-- ``(i) the amount of such contribution taken into account under this section shall be the fair market value of the property contributed (determined at the time of such contribution), and ``(ii) no reduction in the amount of such contribution shall be made under paragraph (1). ``(B) Qualified artistic charitable contribution.-- For purposes of this paragraph, the term `qualified artistic charitable contribution' means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if-- ``(i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, ``(ii) the taxpayer-- ``(I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and ``(II) attaches to the taxpayer's income tax return for the taxable year in which such contribution was made a copy of such appraisal, ``(iii) the donee is an organization described in subsection (b)(1)(A), ``(iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under section 501(c)), ``(v) the taxpayer receives from the donee a written statement representing that the donee's use of the property will be in accordance with the provisions of clause (iv), and ``(vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been-- ``(I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and ``(II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). ``(C) Maximum dollar limitation; no carryover of increased deduction.--The increase in the deduction under this section by reason of this paragraph for any taxable year-- ``(i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and ``(ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). ``(D) Artistic adjusted gross income.--For purposes of this paragraph, the term `artistic adjusted gross income' means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to-- ``(i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and ``(ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). ``(E) Paragraph not to apply to certain contributions.--Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any Government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. ``(F) Copyright treated as separate property for partial interest rule.--In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.

Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to: (1) eliminate the 28% capital gains tax rate for collectibles, thus allowing gain from the sale of collectibles (including art works) to be taxed at the 15% tax rate applicable to other investment property; and (2) allow the creator of a literary, musical, artistic, or scholarly property a fair market value tax deduction for the donation of such property to a tax-exempt organization, if properly appraised and donated no sooner than 18 months after its creation.

A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literacy, musical, artistic, or scholarly compositions created by the donor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Employee Accountability Act''. SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service;''. SEC. 3. INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7551. Definitions ``For the purposes of this subchapter-- ``(1) `employee' has the meaning given such term in section 7541; and ``(2) `investigative leave' means a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. ``Sec. 7552. Actions covered ``This subchapter applies to investigative leave. ``Sec. 7553. Cause and procedure ``(a)(1) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) If an agency determines that such employee's conduct is serious or flagrant, the agency may place such employee on investigative leave under this subchapter without pay. ``(b)(1) At the end of each 45-day period during a period of investigative leave implemented under this section, the relevant agency shall review the investigation into the employee with respect to the misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) Not later than 5 business days after the end of each such 45- day period, the agency shall submit a report describing such review to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ``(3) At the end of a period of investigative leave implemented under this section, the agency shall-- ``(A) remove an employee placed on investigative leave under this section; ``(B) suspend such employee without pay; or ``(C) reinstate or restore such employee to duty. ``(4) The agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed 90 days. ``(c) An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on investigative leave under this section-- ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines that the employee's conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management; ``(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a written decision and specific reasons therefor at the earliest practicable date. ``(d) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: ``subchapter vi--investigative leave for senior executive service employees ``7551. Definitions. ``7552. Actions covered. ``7553. Cause and procedure.''. SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES. Section 7543 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines that the employee's conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management;''. SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. (a) Reinstatement in the Senior Executive Service.--Section 3593 of title 5, United States Code, is amended-- (1) in subsection (a)(2), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. (b) Placement in Other Personnel Systems.--Section 3594(a) of title 5, United States Code, is amended by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. Passed the House of Representatives December 19, 2012. Attest: KAREN L. HAAS, Clerk.

Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days. Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be serious or flagrant. Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days. Entitles an employee, before being placed on investigative leave, to: (1) at least 30-days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct is serious or flagrant; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date. Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB). Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.

To amend title 5, United States Code, to provide for investigative leave requirements with respect to Senior Executive Service employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community and Rural Medical Residency Preservation Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The Medicare program has a long history of supporting residency training in ambulatory sites. These sites include physician offices, nursing homes, and community health centers, all of which are cornerstones of ambulatory training for graduate medical education programs. Such sites provide an important educational experience due to the broad range of patients treated. (2) Training in ambulatory settings is critical to residents' medical education, ensuring they will be exposed to practice settings similar to those in which they may ultimately practice. It is particularly important for residency programs in primary care specialties. (3) Beginning in 1987, hospitals were allowed to count the time resident physicians spent in non-hospital settings for the purpose of direct graduate medical education (DGME) payments, subject to agreements between the hospital and the non-hospital site where training occurred. To qualify, the hospital was required to incur ``all or substantially all'' of the costs associated with the resident. In 1989, the Health Care Financing Administration (HCFA) defined ``all or substantially all'' of costs as the resident salaries and benefits. (4) Through the Balanced Budget Act of 1997, Congress further reinforced its commitment to ambulatory training by altering the financial formula to include payments for indirect medical education (IME) costs. This requirement was met if the hospital paid the residents' stipends and benefits. Effective January 1, 1999, the Center for Medicare & Medicaid Services (CMS), on its own authority, changed its regulatory definition of ``all or substantially all'' to require hospitals to also incur ``the portion of the cost of teaching physicians' salaries and fringe benefits attributable to direct graduate medical education''. (5) Despite the fact that CMS recognized the use of volunteer supervisory physicians in the preambles of two regulations and a program memorandum, CMS intermediaries have begun denying, retroactively through audits, the time residents spend in non-hospital settings in situations where faculty are volunteering their services. This has the effect of significantly reducing the IME and DGME payments a hospital or teaching program receives for residents training in non- hospital settings. SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING THE COUNTING OF RESIDENTS IN A NONHOSPITAL SETTING. (a) Direct Graduate Medical Education (DGME) Payments.-- (1) In general.--Section 1886(h)(4)(E) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(E)) is amended by adding at the end the following new sentences: ``For purposes of the preceding sentence, the term `all, or substantially all, of the costs for the training program' means the stipends and benefits provided to the resident and other amounts, if any, as determined by the hospital and the entity operating the nonhospital setting. The hospital is not required to pay the entity any amounts other than those determined by the hospital and the entity in order for the hospital to be considered to have incurred all, or substantially all, of the costs for the training program in that setting.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to portions of cost reporting periods occurring after the date of the enactment of this Act. (b) Indirect Medical Education (IME) Payments.-- (1) In general.--Section 1886(d)(5)(B)(iv) of such Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by adding at the end the following new sentences: ``For purposes of the preceding sentence, the term `all, or substantially all, of the costs for the training program' means the stipends and benefits provided to the resident and other amounts, if any, as determined by the hospital and the entity operating the nonhospital setting. The hospital is not required to pay the entity any amounts other than those determined by the hospital and the entity in order for the hospital to be considered to have incurred all, or substantially all, of the costs for the training program in that setting.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to discharges occurring after the date of the enactment of this Act.

Community and Rural Medical Residency Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to the counting of time spent in outpatient settings by full-time-equivalent residents in approved medical residency training programs, for purposes of direct graduate medical education payments and indirect medical education payments. Defines all, or substantially all, of the costs for the training program in that nonhospital setting as the residents' stipends and benefits and other amounts, if any, as determined by the hospital and the entity (wholly owned or operated by the hospital) operating the nonhospital setting. Declares that the hospital is not required to pay the entity any amounts other than those determined by the hospital and the entity in order for the hospital to be considered to have incurred all, or substantially all, of the costs for ther training program in that setting.

To amend title XVIII of the Social Security Act to clarify Congressional intent regarding the counting of residents in a nonhospital setting under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Small Business Tax Credit Act of 2017''. SEC. 2. VETERAN SMALL BUSINESS START-UP CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. VETERAN SMALL BUSINESS START-UP CREDIT. ``(a) In General.--For purposes of section 38, in the case of an applicable veteran-owned business which elects the application of this section, the veteran small business start-up credit determined under this section for any taxable year is an amount equal to 15 percent of so much of the qualified start-up expenditures of the taxpayer as does not exceed $80,000. ``(b) Applicable Veteran-Owned Small Business.--For purposes of this section-- ``(1) In general.--The term `applicable veteran-owned small business' means a small business controlled by one or more qualified veterans. ``(2) Qualified veteran.--The term `qualified veteran' means any individual (or the spouse or surviving spouse of such an individual) who-- ``(A) has served on active duty in the Armed Forces of the United States, and ``(B) who has not been discharged or released from the Armed Forces of the United States under dishonorable conditions. ``(3) Control.--The term `controlled' means-- ``(A) management and operation of the daily business, and-- ``(B)(i) in the case of a sole proprietorship, sole ownership, ``(ii) in the case of a corporation, ownership (by vote or value) of not less than 51 percent of the stock in such corporation, or ``(iii) in the case of a partnership or joint venture, ownership of not less than 51 percent of the profits interests or capital interests in such partnership or joint venture. ``(4) Small business.--The term `small business' means, with respect to any taxable year, any person engaged in a trade or business in the United States if-- ``(A) the gross receipts of such person for the preceding taxable year did not exceed $5,000,000, or ``(B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year. For purposes of subparagraph (B), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year. ``(c) Qualified Start-Up Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified start-up expenditures' means-- ``(A) any start-up expenditures (as defined in section 195(c)), or ``(B) any amounts paid or incurred during the taxable year for the purchase or lease of real property, or the purchase of personal property, placed in service during the taxable year and used in the active conduct of a trade or business. ``(d) Special Rules.--For purposes of this section-- ``(1) Year of election.--The taxpayer may elect the application of this section only for the first 2 taxable years for which ordinary and necessary expenses paid or incurred in carrying on such trade or business are allowable as a deduction by the taxpayer under section 162. ``(2) Controlled groups and common control.--All persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. ``(3) No double benefit.--If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit attributable to such property.''. (b) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Veteran small business start-up credit.''. (c) Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the veteran small business start-up credit determined under section 45S.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

Veteran Small Business Tax Credit Act of 2017 This bill amends the Internal Revenue Code to allow a new business-related tax credit for the start-up expenses of a veteran-owned small business. The allowable amount of such credit is 15% of start-up expenditures that do not exceed $80,000. The credit is allowed to any individual (or the surviving spouse of such individual) who: (1) has served on active duty in the Armed Forces, and (2) has not been discharged or released from the Armed Forces under dishonorable conditions.

Veteran Small Business Tax Credit Act of 2017

SECTION 1. REQUIRED NOTIFICATION OF SECTION 527 STATUS. (a) In General.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end the following new subsection: ``(i) Organizations Must Notify Secretary That They Are Section 527 Organizations.-- ``(1) In general.--Except as provided in paragraph (5), an organization shall not be treated as an organization described in this section-- ``(A) unless it has given notice to the Secretary, electronically and in writing, that it is to be so treated, or ``(B) if the notice is given after the time required under paragraph (2), the organization shall not be so treated for any period before such notice is given. ``(2) Time to give notice.--The notice required under paragraph (1) shall be transmitted not later than 24 hours after the date on which the organization is established. ``(3) Contents of notice.--The notice required under paragraph (1) shall include information regarding-- ``(A) the name and address of the organization (including any business address, if different) and its electronic mailing address, ``(B) the purpose of the organization, ``(C) the names and addresses of its officers, highly compensated employees, contact person, custodian of records, and members of its Board of Directors, ``(D) the name and address of, and relationship to, any related entities (within the meaning of section 168(h)(4)), and ``(E) such other information as the Secretary may require to carry out the internal revenue laws. ``(4) Effect of failure.--In the case of an organization failing to meet the requirements of paragraph (1) for any period, the taxable income of such organization shall be computed by taking into account any exempt function income (and any deductions directly connected with the production of such income). ``(5) Exceptions.--This subsection shall not apply to any organization-- ``(A) to which this section applies solely by reason of subsection (f)(1), or ``(B) which reasonably anticipates that it will not have gross receipts of $25,000 or more for any taxable year. ``(6) Coordination with other requirements.--This subsection shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a political committee.''. (b) Disclosure Requirements.-- (1) Inspection at internal revenue service offices.-- (A) In general.--Section 6104(a)(1)(A) of the Internal Revenue Code of 1986 (relating to public inspection of applications) is amended-- (i) by inserting ``or a political organization is exempt from taxation under section 527 for any taxable year'' after ``taxable year''; (ii) by inserting ``or notice of status filed by the organization under section 527(i)'' before ``, together''; (iii) by inserting ``or notice'' after ``such application'' each place it appears; (iv) by inserting ``or notice'' after ``any application''; (v) by inserting ``for exemption from taxation under section 501(a)'' after ``any organization'' in the last sentence; and (vi) by inserting ``or 527'' after ``section 501'' in the heading. (B) Conforming amendment.--The heading for section 6104(a) of such Code is amended by inserting ``or notice of status'' before the period. (2) Inspection of notice on internet and in person.--Section 6104(a) of such Code is amended by adding at the end the following new paragraph: ``(3) Information available on internet and in person.-- ``(A) In general.--The Secretary shall make publicly available, on the Internet and at the offices of the Internal Revenue Service-- ``(i) a list of all political organizations which file a notice with the Secretary under section 527(i), and ``(ii) the name, address, electronic mailing address, custodian of records, and contact person for such organization. ``(B) Time to make information available.--The Secretary shall make available the information required under subparagraph (A) not later than 5 business days after the Secretary receives a notice from a political organization under section 527(i).''. (3) Inspection by committee of congress.--Section 6104(a)(2) of such Code is amended by inserting ``or notice of status of any political organization which is exempt from taxation under section 527 for any taxable year'' after ``taxable year''. (4) Public inspection made available by organization.--Section 6104(d) of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended-- (A) by striking ``and Applications for Exemption'' and inserting ``, Applications for Exemption, and Notices of Status'' in the heading; (B) by inserting ``or notice of status under section 527(i)'' after ``section 501'' and by inserting ``or any notice materials'' after ``materials'' in paragraph (1)(A)(ii); (C) by inserting or ``or such notice materials'' after ``materials'' in paragraph (1)(B); and (D) by adding at the end the following new paragraph: ``(6) Notice materials.--For purposes of paragraph (1), the term `notice materials' means the notice of status filed under section 527(i) and any papers submitted in support of such notice and any letter or other document issued by the Internal Revenue Service with respect to such notice.''. (c) Failure To Make Public.--Section 6652(c)(1)(D) of the Internal Revenue Code of 1986 (relating to public inspection of applications for exemption) is amended-- (1) by inserting ``or notice materials (as defined in such section)'' after ``section)''; and (2) by inserting ``and notice of status'' after ``exemption'' in the heading. (d) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect on the date of the enactment of this section. (2) Organizations already in existence.--In the case of an organization established before the date of the enactment of this section, the time to file the notice under section 527(i)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section. (3) Information availability.--The amendment made by subsection (b)(2) shall take effect on the date that is 45 days after the date of the enactment of this section. SEC. 2. DISCLOSURES BY POLITICAL ORGANIZATIONS. (a) Required Disclosure of 527 Organizations.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations), as amended by section 1(a), is amended by adding at the end the following new section: ``(j) Required Disclosure of Expenditures and Contributions.-- ``(1) Penalty for failure.--In the case of-- ``(A) a failure to make the required disclosures under paragraph (2) at the time and in the manner prescribed therefor, or ``(B) a failure to include any of the information required to be shown by such disclosures or to show the correct information, there shall be paid by the organization an amount equal to the rate of tax specified in subsection (b)(1) multiplied by the amount to which the failure relates. ``(2) Required disclosure.--A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary either-- ``(A)(i) in the case of a calendar year in which a regularly scheduled election is held-- ``(I) quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made, which shall be filed not later than the fifteenth day after the last day of each calendar quarter, except that the report for the quarter ending on December 31 of such calendar year shall be filed not later than January 31 of the following calendar year, ``(II) a pre-election report, which shall be filed not later than the twelfth day before (or posted by registered or certified mail not later than the fifteenth day before) any election with respect to which the organization makes a contribution or expenditure, and which shall be complete as of the twentieth day before the election, and ``(III) a post-general election report, which shall be filed not later than the thirtieth day after the general election and which shall be complete as of the twentieth day after such general election, and ``(ii) in the case of any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, or ``(B) monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made, which shall be filed not later than the twentieth day after the last day of the month and shall be complete as if the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (A)(i)(II), a post-general election report shall be filed in accordance with subparagraph (A)(i)(III), and a year end report shall be filed not later than January 31 of the following calendar year. ``(3) Contents of report.--A report required under paragraph (2) shall contain the following information: ``(A) The amount of each expenditure made to a person if the aggregate amount of expenditures to such person during the calendar year equals or exceeds $500 and the name and address of the person (in the case of an individual, including the occupation and name of employer of such individual). ``(B) The name and address (in the case of an individual, including the occupation and name of employer of such individual) of all contributors which contributed an aggregate amount of $200 or more to the organization during the calendar year and the amount of the contribution. Any expenditure or contribution disclosed in a previous reporting period is not required to be included in the current reporting period. ``(4) Contracts to spend or contribute.--For purposes of this subsection, a person shall be treated as having made an expenditure or contribution if the person has contracted or is otherwise obligated to make the expenditure or contribution. ``(5) Coordination with other requirements.--This subsection shall not apply-- ``(A) to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a political committee, ``(B) to any State or local committee of a political party or political committee of a State or local candidate, ``(C) to any organization which reasonably anticipates that it will not have gross receipts of $25,000 or more for any taxable year, ``(D) to any organization to which this section applies solely by reason of subsection (f)(1), or ``(E) with respect to any expenditure which is an independent expenditure (as defined in section 301 of such Act). ``(6) Election.--For purposes of this subsection, the term `election' means-- ``(A) a general, special, primary, or runoff election for a Federal office, ``(B) a convention or caucus of a political party which has authority to nominate a candidate for Federal office, ``(C) a primary election held for the selection of delegates to a national nominating convention of a political party, or ``(D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President.''. (b) Public Disclosure of Reports.-- (1) In general.--Section 6104(d) of the Internal Revenue Code of 1986 (relating to public inspection of certain annual returns and applications for exemption), as amended by section 1(b)(4), is amended-- (A) by inserting ``Reports,'' after ``Returns,'' in the heading; (B) in paragraph (1)(A), by striking ``and'' at the end of clause (i), by inserting ``and'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) the reports filed under section 527(j) (relating to required disclosure of expenditures and contributions) by such organization,''; and (C) in paragraph (1)(B), by inserting ``, reports,'' after ``return''. (2) Disclosure of contributors allowed.--Section 6104(d)(3)(A) of such Code (relating to nondisclosure of contributors, etc.) is amended by inserting ``or a political organization exempt from taxation under section 527'' after ``509(a))''. (3) Disclosure by internal revenue service.--Section 6104(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Disclosure of reports by internal revenue service.--Any report filed by an organization under section 527(j) (relating to required disclosure of expenditures and contributions) shall be made available to the public at such times and in such places as the Secretary may prescribe.''. (c) Failure To Make Public.--Section 6652(c)(1)(C) of the Internal Revenue Code of 1986 (relating to public inspection of annual returns) is amended-- (1) by inserting ``or report required under section 527(j)'' after ``filing)''; (2) by inserting ``or report'' after ``1 return''; and (3) by inserting ``and reports'' after ``returns'' in the heading. (d) Effective Date.--The amendment made by subsection (a) shall apply to expenditures made and contributions received after the date of the enactment of this Act, except that such amendment shall not apply to expenditures made, or contributions received, after such date pursuant to a contract entered into on or before such date. SEC. 3. RETURN REQUIREMENTS RELATING TO SECTION 527 ORGANIZATIONS. (a) Return Requirements.-- (1) Organizations required to file.--Section 6012(a)(6) of the Internal Revenue Code of 1986 (relating to political organizations required to make returns of income) is amended by inserting ``or which has gross receipts of $25,000 or more for the taxable year (other than an organization to which section 527 applies solely by reason of subsection (f)(1) of such section)'' after ``taxable year''. (2) Information required to be included on return.--Section 6033 of such Code (relating to returns by exempt organizations) is amended by redesignating subsection (g) as subsection (h) and inserting after subsection (f) the following new subsection: ``(g) Returns Required by Political Organizations.--In the case of a political organization required to file a return under section 6012(a)(6)-- ``(1) such organization shall file a return-- ``(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), and ``(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection, and ``(2) subsection (a)(2)(B) (relating to discretionary exceptions) shall apply with respect to such return.''. (b) Public Disclosure of Returns.-- (1) Returns made available by secretary.-- (A) In general.--Section 6104(b) of the Internal Revenue Code of 1986 (relating to inspection of annual information returns) is amended by inserting ``6012(a)(6),'' before ``6033''. (B) Contributor information.--Section 6104(b) of such Code is amended by inserting ``or a political organization exempt from taxation under section 527'' after ``509(a)''. (2) Returns made available by organizations.-- (A) In general.--Paragraph (1)(A)(i) of section 6104(d) of such Code (relating to public inspection of certain annual returns, reports, applications for exemption, and notices of status) is amended by inserting ``or section 6012(a)(6) (relating to returns by political organizations)'' after ``organizations)''. (B) Conforming amendments.-- (i) Section 6104(d)(1) of such Code is amended in the matter preceding subparagraph (A) by inserting ``or an organization exempt from taxation under section 527(a)'' after ``501(a)''. (ii) Section 6104(d)(2) of such Code is amended by inserting ``or section 6012(a)(6)'' after ``section 6033''. (c) Failure To File Return.--Section 6652(c)(1) of the Internal Revenue Code of 1986 (relating to annual returns under section 6033) is amended-- (1) by inserting ``or section 6012(a)(6) (relating to returns by political organizations)'' after ``organizations)'' in subparagraph (A)(i); (2) by inserting ``or section 6012(a)(6)'' after ``section 6033'' in subparagraph (A)(ii); (3) by inserting ``or section 6012(a)(6)'' after ``section 6033'' in the third sentence of subparagraph (A); and (4) by inserting ``or 6012(a)(6)'' after ``section 6033'' in the heading. (d) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after June 30, 2000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes information on organizations that file such notices, and such notices, publicly available. Prescribes monetary penalties for failures to meet certain public availability requirements.Grants existing organizations to whom this Act applies 30 days after this Act's enactment date to file a notice.Prescribes tax penalties for failures by political organizations to make certain disclosures of contributions and expenditures for exempt functions. Exempts certain organizations and political committees from the disclosure requirement. Makes such disclosures publicly available and prescribes monetary penalties for failures to make disclosures available for inspection.Requires political organizations which have gross receipts of $25,000 or more per taxable year, with an exception, to file tax returns. Provides for public disclosure of such returns and prescribes monetary penalties for failures to file or provide correct information.

To amend the Internal Revenue Code of 1986 to require 527 organizations to disclose their political activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highlands Conservation Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to recognize the importance of the water, forest, agricultural, wildlife, recreational, and cultural resources of the Highlands region, and the national significance of the Highlands region to the United States; (2) to authorize the Secretary of the Interior to work in partnership with the Secretary of Agriculture to provide financial assistance to the Highlands States to preserve and protect high priority conservation land in the Highlands region; and (3) to continue the ongoing Forest Service programs in the Highlands region to assist the Highlands States, local units of government, and private forest and farm landowners in the conservation of land and natural resources in the Highlands region. SEC. 3. DEFINITIONS. In this Act: (1) Highlands region.--The term ``Highlands region'' means the area depicted on the map entitled ``The Highlands Region'', dated June 2004, including the list of municipalities included in the Highlands region, and maintained in the headquarters of the Forest Service in Washington, District of Columbia. (2) Highlands state.--The term ``Highlands State'' means-- (A) the State of Connecticut; (B) the State of New Jersey; (C) the State of New York; and (D) the State of Pennsylvania. (3) Land conservation partnership project.--The term ``land conservation partnership project'' means a land conservation project-- (A) located in the Highlands region; (B) identified by the Forest Service in the Study, the Update, or any subsequent Pennsylvania and Connecticut Update as having high conservation value; and (C) in which a non-Federal entity acquires land or an interest in land from a willing seller to permanently protect, conserve, or preserve the land through a partnership with the Federal Government. (4) Non-federal entity.--The term ``non-Federal entity'' means-- (A) any Highlands State; or (B) any agency or department of any Highlands State with authority to own and manage land for conservation purposes, including the Palisades Interstate Park Commission. (5) Study.--The term ``Study'' means the New York-New Jersey Highlands Regional Study conducted by the Forest Service in 1990. (6) Update.--The term ``Update'' means the New York-New Jersey Highlands Regional Study: 2002 Update conducted by the Forest Service. (7) Pennsylvania and connecticut update.--The term ``Pennsylvania and Connecticut Update'' means a report to be completed by the Forest Service that identifies areas having high conservation values in the States of Connecticut and Pennsylvania in a manner similar to that utilized in the Study and Update. SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS REGION. (a) Submission of Proposed Projects.--Each year, the governors of the Highlands States, with input from pertinent units of local government and the public, may-- (1) jointly identify land conservation partnership projects in the Highlands region from land identified as having high conservation values in the Study, the Update, or the Pennsylvania and Connecticut Update that shall be proposed for Federal financial assistance; and (2) submit a list of those projects to the Secretary of the Interior. (b) Consideration of Projects.--Each year, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall submit to Congress a list of the land conservation partnership projects submitted under subsection (a)(2) that are eligible to receive financial assistance under this section. (c) Eligibility Conditions.--To be eligible for financial assistance under this section for a land conservation partnership project, a non-Federal entity shall enter into an agreement with the Secretary of the Interior that-- (1) identifies the non-Federal entity that shall own or hold and manage the land or interest in land; (2) identifies the source of funds to provide the non-Federal share under subsection (d); (3) describes the management objectives for the land that will ensure permanent protection and use of the land for the purpose for which the assistance will be provided; (4) provides that, if the non-Federal entity converts, uses, or disposes of the land conservation partnership project for a purpose inconsistent with the purpose for which the assistance was provided, as determined by the Secretary of the Interior, the United States-- (A) may seek specific performance of the conditions of financial assistance in accordance with paragraph (3) in Federal court; and (B) shall be entitled to reimbursement from the non-Federal entity in an amount that is, as determined at the time of conversion, use, or disposal, the greater of-- (i) the total amount of the financial assistance provided for the project by the Federal Government under this section; or (ii) the amount by which the financial assistance increased the value of the land or interest in land; and (5) provides that land conservation partnership projects will be consistent with areas identified as having high conservation value in-- (A) the Important Areas portion of the Study; (B) the Conservation Focal Areas portion of the Update; (C) the Conservation Priorities portion of the Update; (D) land identified as having higher or highest resource value in the Conservation Values Assessment portion of the Update; and (E) land identified as having high conservation value in the Pennsylvania and Connecticut Update. (d) Non-Federal Share Requirement.--The Federal share of the cost of carrying out a land conservation partnership project under this section shall not exceed 50 percent of the total cost of the land conservation partnership project. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior $10,000,000 for each of fiscal years 2005 through 2014, to remain available until expended. SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS REGION. (a) In General.--To meet the land resource goals of, and the scientific and conservation challenges identified in, the Study, Update, and any future study that the Forest Service may undertake in the Highlands region, the Secretary of Agriculture, acting through the Chief of the Forest Service and in consultation with the Chief of the National Resources Conservation Service, shall continue to assist the Highlands States, local units of government, and private forest and farm landowners in the conservation of land and natural resources in the Highlands region. (b) Duties.--The Forest Service shall-- (1) in consultation with the Highlands States, undertake other studies and research in the Highlands region consistent with the purposes of this Act, including a Pennsylvania and Connecticut Update; (2) communicate the findings of the Study and Update and maintain a public dialogue regarding implementation of the Study and Update; and (3) assist the Highland States, local units of government, individual landowners, and private organizations in identifying and using Forest Service and other technical and financial assistance programs of the Department of Agriculture. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $1,000,000 for each of fiscal years 2005 through 2014. SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT. (a) Access to Private Property.--Nothing in this Act-- (1) requires a private property owner to permit public access (including Federal, State, or local government access) to private property; or (2) modifies any provision of Federal, State, or local law with regard to public access to, or use of, private land. (b) Liability.--Nothing in this Act creates any liability, or has any effect on liability under any other law, of a private property owner with respect to any persons injured on the private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act modifies any authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners.--Nothing in this Act requires the owner of any private property located in the Highlands region to participate in the land conservation, financial, or technical assistance or any other programs established under this Act. (e) Purchase of Land or Interests in Land From Willing Sellers Only.--Funds appropriated to carry out this Act shall be used to purchase land or interests in land only from willing sellers. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Highlands Conservation Act - (Sec. 2) Sets forth the purposes of this Act, including authorizing the Secretary of the Interior to provide financial assistance to the States of Connecticut, New Jersey, New York, and Pennsylvania (Highland States) to preserve and protect high priority conservation land in the Highlands region, an area depicted on a National Forest Service map entitled "The Highlands Region" dated June 2004. (Sec. 4) Authorizes the governors of the Highland States to annually submit proposed land conservation partnership projects to the Secretary for Federal financial assistance. Defines "land conservation partnership project" as a project located in the Highlands region that is identified by the Forest Service in specified studies as having a high conservation value, and in which a non-Federal entity (i.e., any Highlands State or any agency of a Highlands State with authority to own and manage land for conservation purposes) acquires land from a willing seller to permanently protect, conserve, or preserve the land through a partnership with the Federal Government. Directs the Secretary to annually submit to Congress a list of projects that are eligible for financial assistance. Sets forth eligibility conditions for financial assistance to non-Federal entities. Limits the Federal share of the cost of any land conservation partnership project to 50 percent. Authorizes appropriations for FY 2005 through FY 2014. (Sec. 5) Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to continue to assist the Highland States and other public and private entities in the conservation of land and natural resources in the Highlands region. Authorizes appropriations for FY 2005 through FY 2014. (Sec. 6) Prohibits anything in this Act from: (1) requiring a private property owner to permit public access, including access by any government, to private property; (2) modifying any law on public access to, or use of, private land; (3) creating any liability of a private property owner for persons injured on the private property; (4) modifying any governmental authority to regulate land use; and (5) requiring private property owners in the Highlands region to participate in the land conservation, financial, or technical assistance programs established by this Act. Provides that funds appropriated under this Act shall be used to purchase land or interests in land only from willing sellers.

To assist the States of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, orangutan, and gibbon are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, live capture, and exposure to emerging or introduced diseases; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; (7) although subsistence hunting of tropical forest animals has occurred for hundreds of years at a sustainable level, the tremendous increase in the commercial trade of tropical forest species is detrimental to the future of these species; and (8) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector. (b) Purposes.--The purposes of this Act are-- (1) to sustain viable populations of great apes in the wild; and (2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. SEC. 3. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation.--The term ``conservation''-- (A) means the use of methods and procedures necessary to prevent the diminution of, and to sustain viable populations of, a species; and (B) includes all activities associated with wildlife management, such as-- (i) conservation, protection, restoration, acquisition, and management of habitat; (ii) in-situ research and monitoring of populations and habitats; (iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource management; (vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals; (vii) training of local law enforcement officials in the interdiction and prevention of the illegal killing of great apes; (viii) programs for the rehabilitation of members of a species in the wild and release of the members into the wild in ways which do not threaten existing wildlife populations by causing displacement or the introduction of disease; (ix) conflict resolution initiatives; (x) community outreach and education; and (xi) strengthening the capacity of local communities to implement conservation programs. (3) Fund.--The term ``Fund'' means the Great Ape Conservation Fund established by section 5. (4) Great ape.--The term ``great ape'' means a chimpanzee, gorilla, bonobo, orangutan, or gibbon. (5) Multinational species conservation fund.--The term ``Multinational Species Conservation Fund'' means such fund as established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, under the heading ``multinational species conservation fund''. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT APE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great apes may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if the activities of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the demonstrated expertise required for the conservation of great apes. (2) Required elements.--A project proposal shall include-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will enhance programs for conservation of great apes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great apes that arise from competition for the same habitat; (3) enhance compliance with CITES and other applicable laws that prohibit or regulate the taking or trade of great apes or regulate the use and management of great ape habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great ape habitat; (B) great ape population numbers and trends; or (C) the current and projected threats to the habitat, current and projected numbers, or current and projected trends; or (5) promote cooperative projects on the issues described in paragraph (4) among government entities, affected local communities, nongovernmental organizations, or other persons in the private sector. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great apes and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding.--Amounts provided as a grant under this Act-- (1) may not be used for captive breeding of great apes other than for captive breeding for release into the wild; and (2) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. (i) Panel.--Every 2 years, the Secretary shall convene a panel of experts to identify the greatest needs for the conservation of great apes. SEC. 5. GREAT APE CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Great Ape Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expand not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2001 through 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if such authority's activities affect a great ape population; (2) the Convention on International Trade in Endangered Species of Wild Fauna and Flora Secretariat; or (3) any person or group with the demonstrated expertise required for the conservation of such apes. Sets forth requirements for project elements, review, approval, and reporting. States that grant amounts may not be used for captive breeding of such apes other than for captive breeding for release into the wild if no other conservation method for the species is biologically feasible. Directs the Secretary to convene a panel of experts every two years to identify the greatest needs for the conservation of great apes. Authorizes appropriations.

Great Ape Conservation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ruth Moore Act of 2015''. SEC. 2. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY MILITARY SEXUAL TRAUMA. (a) Annual Reports.-- (1) In general.--Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma ``(a) Reports.--Not later than December 1, 2015, and each year thereafter through 2019, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. ``(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims-- ``(A) submitted by each sex; ``(B) that were approved, including the number and percentage of such approved claims submitted by each sex; and ``(C) that were denied, including the number and percentage of such denied claims submitted by each sex. ``(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, listed by each sex, of claims assigned to each rating percentage. ``(4) Of the covered claims listed under paragraph (1) that were denied-- ``(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and ``(B) the number of denials that were based on the failure of a veteran to report for a medical examination. ``(5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. ``(6) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. ``(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. ``(c) Definitions.--In this section: ``(1) The term `covered claims' means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. ``(2) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. ``(3) The term `military sexual trauma' means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma.''. (3) Initial report.--The Secretary of Veterans Affairs shall submit to Congress an initial report described in section 1164 of title 38, United States Code, as added by paragraph (1), by not later than 90 days after the date of the enactment of this Act. Such initial report shall be in addition to the annual reports required under such section beginning in December 2015. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Veterans Affairs should update and improve the regulations of the Department of Veterans Affairs with respect to military sexual trauma by-- (1) ensuring that military sexual trauma is specified as an in-service stressor in determining the service-connection of post-traumatic stress disorder by including military sexual trauma as a stressor described in section 3.304(f)(3) of title 38, Code of Federal Regulations; and (2) recognizing the full range of physical and mental disabilities (including depression, anxiety, and other disabilities as indicated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association) that can result from military sexual trauma. (c) Provision of Information.--During the period beginning on the date that is 15 months after the date of the enactment of this Act and ending on the date on which the Secretary updates and improves regulations as described in subsection (b), the Secretary shall-- (1) provide to each veteran who has submitted a covered claim or been treated for military sexual trauma at a medical facility of the Department with a copy of the report under subsection (a)(3) or section 1164 of title 38, United States Code, as added by subsection (a)(1), that has most recently been submitted to Congress; (2) provide on a monthly basis to each veteran who has submitted any claim for disability compensation or been treated at a medical facility of the Department information that includes-- (A) the date that the Secretary plans to complete such updates and improvements to such regulations; (B) the number of covered claims that have been granted or denied during the month covered by such information; (C) a comparison to such rate of grants and denials with the rate for other claims regarding post-traumatic stress disorder; (D) the three most common reasons for such denials; (E) the average time for completion of covered claims; (F) the average time for processing covered claims at each regional office; and (G) any information the Secretary determines relevant with respect to submitting a covered claim; (3) in addition to providing to veterans the information described in paragraph (2), the Secretary shall make available on a monthly basis such information on a conspicuous location of the Internet website of the Department; and (4) submit to Congress on a monthly basis a report that includes-- (A) a list of all adjudicated covered claims, including ancillary claims, during the month covered by the report; (B) the outcome with respect to each medical condition included in the claim; and (C) the reason given for any denial of such a claim. (d) Military Sexual Trauma Defined.--In this section: (1) The term ``covered claim'' has the meaning given that term in section 1164(c)(1) of title 38, United States Code, as added by subsection (a)(1). (2) The term ``military sexual trauma'' has the meaning given that term in section 1164(c)(3) of title 38, United States Code, as added by subsection (a)(1). SEC. 3. LIMITATION ON AWARDS AND BONUSES PAID TO SENIOR EXECUTIVE EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended by striking the period at the end and inserting the following: ``, of which, during fiscal years 2016 through 2018, not more than an aggregate amount of $2,000,000 in each such fiscal year may be paid to employees of the Department of Veterans Affairs who are members of the Senior Executive Service.''. Passed the House of Representatives July 27, 2015. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 16, 2015. Ruth Moore Act of 2015 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to report to Congress, by December 1, 2015 and each year thereafter through 2019, on claims submitted during the previous fiscal year for disability compensation based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma (covered claims). Each report shall include: the number of covered claims submitted or considered; the number and percentage of such claims submitted by each sex, and the number of claims approved or denied; the number and percentage, listed by each sex, of approved covered claims assigned to each rating percentage; the three most common reasons for denial of covered claims, and the number of denials based on the veteran's failure to report for a medical examination; the number of covered claims pending and the number on appeal; the average number of days that covered claims take to complete; and a description of related training provided to Veterans Benefits Administration employees. The VA shall submit to Congress an initial report within 90 days after enactment of this Act, and annual reports beginning in December 2015. It is the sense of Congress that the VA should update regulations regarding military sexual trauma by: ensuring that military sexual trauma is specified as an in-service stressor in determining the service-connection of post-traumatic stress disorder, and recognizing the full range of physical and mental disabilities (including depression, anxiety, and other disabilities as indicated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association) that can result from military sexual trauma. For the period starting fifteen months after enactment of this Act and lasting until VA publishes updated regulations, the VA shall provide: a copy of the congressional report to each veteran who has submitted a covered claim or been treated for military sexual trauma at a VA medical facility; and monthly to each such veteran information that includes the date that the VA plans to complete such updated regulations, the number of granted or denied covered claims, a comparison to the rate of grants and denials with the rate for other claims regarding post-traumatic stress disorder, the three most common reasons for claim denials, and the average time for processing covered claims at each regional office. The VA shall report to Congress monthly regarding: (1) all adjudicated covered claims and their outcomes, and (2) the reason for denial of any covered claim. (Sec. 3) The Veterans Access, Choice, and Accountability Act of 2014 is amended to limit to $2 million during each of FY2016-FY2018 the aggregate amount of awards and bonuses paid to VA employees who are members of the Senior Executive Service.

Ruth Moore Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern New Mexico Rural Water System Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) Engineering report.--The term ``engineering report'' means the report entitled ``Eastern New Mexico Rural Water System Preliminary Engineering Report'' and dated October 2006. (3) Plan.--The term ``plan'' means the operation, maintenance, and replacement plan required by section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) System.-- (A) In general.--The term ``System'' means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre- feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations in Curry, Roosevelt, and Quay Counties in the State. (B) Inclusions.--The term ``System'' includes the major components and associated infrastructure identified as the ``Best Technical Alternative'' in the engineering report. (7) Ute reservoir.--The term ``Ute Reservoir'' means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas. SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. (a) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. (2) Use.-- (A) In general.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under section 5(a)(2). (B) Limitations.--Financial assistance provided under paragraph (1) shall not be used-- (i) for any activity that is inconsistent with constructing the System; or (ii) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes. (b) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this Act shall be not more than 75 percent of the total cost of the System. (2) System development costs.--For purposes of paragraph (1), the total cost of the System shall include any costs incurred by the Authority or the State on or after October 1, 2003, for the development of the System. (c) Limitation.--No amounts made available under this Act may be used for the construction of the System until-- (1) a plan is developed under section 4(b); and (2) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to the System. (d) Title to Project Works.--Title to the infrastructure of the System shall be held by the Authority or as may otherwise be specified under State law. SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS. (a) In General.--The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System. (b) Operation, Maintenance, and Replacement Plan.--The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.-- (1) In general.--The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act. (2) Cooperative agreement for provision of financial assistance.-- (A) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System. (B) Requirements.--The cooperative agreement entered into under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to-- (i) ensuring that the cost-share requirements established by section 3(b) are met; (ii) completing the planning and final design of the System; (iii) any environmental and cultural resource compliance activities required for the System; and (iv) the construction of the System. (b) Technical Assistance.--At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. (c) Biological Assessment.--The Secretary shall consult with the New Mexico Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that may be required for planning and constructing the System. (d) Effect.--Nothing in this Act-- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal rights to-- (A) the water of a stream; or (B) any groundwater resource. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In accordance with the adjustment carried out under subsection (b), there is authorized to be appropriated to the Secretary to carry out this Act an amount not greater than $327,000,000. (b) Adjustment.--The amount made available under subsection (a) shall be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act. (c) Nonreimbursable Amounts.--Amounts made available to the Authority in accordance with the cost-sharing requirement under section 3(b) shall be nonreimbursable and nonreturnable to the United States. (d) Availability of Funds.--At the end of each fiscal year, any unexpended funds appropriated pursuant to this Act shall be retained for use in future fiscal years consistent with this Act.

Eastern New Mexico Rural Water System Authorization Act - (Sec. 3) Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System. Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development. (Sec. 4) Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. (Sec. 5) Directs the Secretary to: (1) enter into a cooperative agreement to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System, subject to specified requirements; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance in planning, designing, constructing, and operating the System. (Sec. 6) Authorizes appropriations. Requires: (1) the amount made available to be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act; (2) amounts made available to the Authority in accordance with the cost-sharing requirement to be nonreimbursable and nonreturnable to the United States; and (3) any unexpended appropriated funds to be retained for use in future fiscal years consistent with this Act.

A bill to authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Divide Elimination Act of 2000''. SEC. 2. CREDIT FOR PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the amount paid by the taxpayer for qualified computer technology or equipment. ``(b) Dollar Limitation.--The credit allowed by subsection (a) for any taxable year shall not exceed $500. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any taxpayer who is allowed a credit under section 32 (relating to earned income credit) for the taxable year. ``(2) Qualified computer technology or equipment.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified computer technology or equipment' means any computer technology or equipment (as defined in section 170(e)(6)) acquired by purchase (as defined in section 170(d)(2)). ``(B) Exceptions.-- ``(i) Certain software excluded.--Such term shall not include game software or any other software which is not necessary for-- ``(I) use of the computer for access and use of the Internet (including email), or ``(II) business or educational use. ``(ii) Computer must be capable of internet access.--Such term shall not include any computer which does not have a modem or other equipment capable of supporting Internet access.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Purchase of computers by low-income individuals. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND EXPANSION OF ENHANCED DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF COMPUTERS. (a) Extension.--Subparagraph (F) of section 170(e)(6) of the Internal Revenue Code of 1986 (relating to special rule for contributions of computer technology and equipment for elementary or secondary school purposes) is amended by striking ``December 31, 2000'' and inserting ``June 30, 2004''. (b) Expansion.-- (1) In general.--Paragraph (6) of section 170(e) of such Code is amended by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (D), (E), (F), and (G), respectively, and by striking all that precedes subparagraph (D) (as so redesignated) and inserting the following: ``(6) Special rule for contributions of computer technology and equipment.-- ``(A) In general.--The amount of any qualified computer contribution which is taken into account under this section shall be the greater of-- ``(i) the amount determined without regard to paragraph (1), or ``(ii) the amount determined with regard to paragraph (1). ``(B) Qualified computer contribution.--For purposes of this paragraph, the term `qualified computer contribution' means a charitable contribution by a corporation of any computer technology or equipment, but only if-- ``(i) the contribution is to a qualified organization, ``(ii) the contribution is made not later than 2 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the original use of the property is by the donor or the donee, ``(iv) substantially all of the use of the property by the donee is for use within the United States and, in the case of a qualified educational organization, for educational purposes in any of the grades K-12 that are related to the purpose or function of the organization, ``(v) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(vi) in the case of a qualified educational organization, the property will fit productively into the entity's education plan, and ``(vii) the entity's use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v). ``(C) Qualified organization.--For purposes of this paragraph-- ``(i) In general.--The term `qualified organization' means-- ``(I) any qualified educational organization, ``(II) any public library located in an area which is an empowerment zone, enterprise community, or a high- poverty area (as determined by the Secretary), ``(III) any technology center located in such an area, and ``(IV) any entity described in section 501(c)(3) and exempt from tax under section 501(a) that is organized primarily for purposes of providing computers without charge to lower income families. ``(ii) Qualified educational organization.--For purposes of clause (i), the term `qualified educational organization' means-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), and ``(II) an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting elementary and secondary education.'' (2) Conforming amendment.--Subparagraph (D) of section 170(e)(6) of such Code, as redesignated by paragraph (1), is amended by striking ``qualified elementary or secondary educational contribution'' and inserting ``qualified computer contribution''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Extends and expands the deduction for charitable computer contributions to elementary and secondary schools.

Digital Divide Elimination Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biological Agents Enhanced Penalties and Control Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) certain biological agents have the potential to pose a severe threat to public health and safety; (2) such biological agents can be used as weapons by individuals or organizations for the purpose of domestic or international terrorism or for other criminal purposes; (3) the transfer and possession of potentially hazardous biological agents should be regulated to protect public health and safety; and (4) efforts to protect the public from exposure to such agents should ensure that individuals and groups with legitimate objectives continue to have access to such agents for clinical and research purposes. SEC. 3. CRIMINAL ENFORCEMENT. (a) Biological Weapons.--Chapter 10 of title 18, United States Code, is amended-- (1) in section 175(a), by inserting ``or attempts, threatens, or conspires to do the same,'' after ``to do so,''; (2) in section 177(a)(2), by inserting ``threat,'' after ``attempt,''; and (3) in section 178-- (A) in paragraph (1), by striking ``or infectious substance'' and inserting ``infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product''; (B) in paragraph (2)-- (i) by inserting ``the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule'' after ``means''; (ii) by striking ``production--'' and inserting ``production, including--''; (iii) in subparagraph (A), by inserting ``or biological product that may be engineered as a result of biotechnology'' after ``substance''; and (iv) in subparagraph (B), by inserting ``or biological product'' after ``isomer''; and (C) in paragraph (4), by inserting ``, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,'' after ``organism''. (b) Terrorism.--Section 2332a(a) of title 18, United States Code, is amended-- (1) by inserting ``, threatens,'' after ``attempts''; and (2) by inserting ``, including any biological agent, toxin, or vector (as those terms are defined in section 178)'' after ``destruction''. SEC. 4. REGULATORY CONTROL OF BIOLOGICAL AGENTS. (a) List of Biological Agents.-- (1) In general.--The Secretary shall, through regulations promulgated under subsection (c), establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety. (2) Criteria.--In determining whether to include an agent on the list under paragraph (1), the Secretary shall-- (A) consider-- (i) the effect on human health of exposure to the agent; (ii) the degree of contagiousness of the agent and the methods by which the agent is transferred to humans; (iii) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent; and (iv) any other criteria the Secretary considers appropriate; and (B) consult with scientific experts representing appropriate professional groups. (b) Regulation of Transfers of Listed Biological Agents.--The Secretary shall, through regulations promulgated under subsection (c), provide for-- (1) the establishment and enforcement of safety procedures for the transfer of biological agents listed pursuant subsection (a), including measures to ensure-- (A) proper training and appropriate skills to handle such agents; and (B) proper laboratory facilities to contain and dispose of such agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for any other criminal purpose; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. (c) Time Limits.--The Secretary shall carry out subsections (a) and (b) by issuing-- (1) interim rules not later than 90 days after the date of the enactment of this Act; (2) proposed rules not later than 180 days after the date of the enactment of this Act; and (3) final rules not later than 360 days after the date of the enactment of this Act. (d) Definitions.--For purposes of this section-- (1) the term ``biological agent'' has the same meaning as in section 178 of title 18, United States Code; and (2) the term ``Secretary'' means the Secretary of Health and Human Services.

Biological Agents Enhanced Penalties and Control Act - Amends the Federal criminal code to expand prohibitions with respect to biological weapons to include attempts, threats, and conspiracy to engage in the proscribed conduct. Authorizes the United States to obtain in a civil action an injunction against threats to engage in such conduct. Redefines: (1) "biological agent" to cover certain biological products that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product; (2) "toxin" to include the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, including certain poisonous biological products that may be engineered as a result of biotechnology or other specified biological products; and (3) "vector" to include certain molecules, including recombinant molecules, or biological products that may be engineered as a result of biotechnology. Expands code provisions regarding the use of mass destruction weapons to include threats to use such weapons and to cover any biological agent, toxin, or vector. Directs the Secretary of Health and Human Services to establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety. Sets forth criteria for inclusion in the list. Requires the Secretary to provide for: (1) the establishment and enforcement of safety procedures for the transfer of listed biological agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for other criminal purposes; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of established safety procedures or safeguards; and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. Sets forth a timetable for the Secretary to issue interim, proposed, and final rules.

Biological Agents Enhanced Penalties and Control Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Technology Research Integration and Coordination Act''. SEC. 2. COORDINATION OF ENVIRONMENTAL TECHNOLOGY RESEARCH AND DEVELOPMENT. (a) Interagency Coordination.--The Director of the Office of Science and Technology Policy shall, in coordination with the heads of other Federal agencies that have substantial investment in the development and adoption of environmental technologies, take any action necessary-- (1) to ensure, to the maximum extent practicable, the coordinated, interagency promotion of the research, development, and adoption of environmental technologies; and (2) to develop priorities for Federal environmental technology research, development, and adoption efforts. (b) Implementation.--In carrying out this section, the Director of the Office of Science and Technology Policy shall-- (1) review current Federally funded programs, including Federal budget outlays for these programs, to determine their role in the development and dissemination of environmental technologies; (2) recommend the specific responsibilities of each appropriate Federal agency to achieve the goals and priorities developed under this section; (3) describe the recommended levels of Federal funding required for each Federal agency to carry out the specific responsibilities recommended in paragraph (2); (4) develop a means for ensuring, to the maximum extent practicable, that the principles of sustainable economic development are integrated into the research, development, and technology programs of all Federal agencies; (5) ensure that the efforts of the Federal Government are coordinated with the efforts of State and local governments and private and nonprofit organizations promoting the research, development, and demonstration of environmental technologies; and (6) submit to the Congress any recommendations regarding legislative or administrative action, including recommendations on the roles of Federal agencies, which may be required to carry out this section. (c) Budget Coordination.--The Director of the Office of Science and Technology Policy shall annually assess, before the President submits to the Congress the budget for a fiscal year, the budget estimate of each relevant Federal agency for consistency with the plans, reviews, and priorities developed under this section. The Director shall make the results of the annual assessment available to the appropriate elements of the Executive Office of the President, particularly the Office of Management and Budget, for use in the preparation of such budget. (d) Annual Review and Plan.--The Director of the Office of Science and Technology shall annually submit to the Congress a report containing an evaluation and plan that assesses the progress of Federal efforts in advancing the research, development, and adoption of environmental technologies. (e) Non-Federal Participation.--The Director of the Office of Science and Technology Policy shall establish mechanisms to ensure the participation of non-Federal entities, including State and local governments, United States industry, institutions of higher education, worker organizations, professional associations, and United States nonprofit organizations, in carrying out this section, including the development of the plans and reviews developed under this section. SEC. 3. INCORPORATION OF INFORMATION ON ENVIRONMENTAL TECHNOLOGIES INTO EXISTING NETWORKS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Administrator, through the Office of Research and Development of the Environmental Protection Agency and in cooperation with the Under Secretary for Technology of the Department of Commerce and the heads of any other appropriate Federal agencies, shall, to the maximum extent practicable, use existing information network capabilities of the Federal Government to provide access to data on environmental technologies developed, tested, or verified under programs established by this Act, and by other appropriate Federal and non-Federal sources. Such data shall include information on-- (1) activities carried out under this Act and the amendments made by this Act; (2) performance standards regarding environmental technologies; (3) significant international developments in environmental technologies, fully coordinating with other international technology information programs, of the Federal Government; and (4) other information determined by the Administrator to be of substantial value in promoting the development and adoption of environmental technologies. (b) Use of Existing Resources.--In carrying out this section, the Administrator shall, to the maximum extent practicable-- (1) use existing public and private sector information providers and carriers; (2) add to existing data sources; and (3) integrate data described in subsection (a) into other technology databases maintained by the Environmental Protection Agency, the Department of Commerce, the Department of Energy, and other appropriate Federal agencies. (c) Outreach.--The Administrator shall conduct appropriate outreach efforts to advertise, deliver, and disseminate the information made available through the networks referred to in subsection (a), including information on participation in Alliances referred to in subsection (d). (d) Environmental Technology Transfer Alliances.-- (1) Technology transfer.--The Administrator may enter into partnership agreements (in this section referred to as ``Alliances'') with an agency of a State or local government, a non-profit organization in which a State or local government is a member, an institution of higher education designated by a State or local government, or a manufacturing extension and outreach service or regional technical assistance service approved by the Federal Government or a State in order to-- (A) facilitate access to information incorporated in the networks referred to in subsection (a); and (B) transfer to entities referred to in paragraph (2) other information that would enhance the development and adoption of environmental technologies. (2) Entities eligible for alliance participation.--Entities eligible for participation in an Alliance include United States companies, United States non-profit organizations, Federal laboratories, United States institutions of higher education, sponsoring organizations, and other organizations that the Administrator considers to be appropriate. (3) Alliance activities.--Under a partnership agreement referred to in paragraph (1), an Alliance-- (A) may disseminate information made available through the networks to any other entity the Alliance considers necessary to advance the goals of this section; (B) is encouraged to collect, and disseminate to United States companies in the region, information regarding opportunities for the more efficient use of materials and energy and for waste minimization, materials conversion, and recycling; (C) is encouraged to provide technical assistance to United States companies related to activities under this subsection; and (D) may undertake any other activities the Administrator considers appropriate to carry out this subsection. (4) Use of existing programs.--In selecting partners for a partnership agreement referred to in paragraph (1), the Administrator shall, to the maximum extent practicable, use existing programs for technical assistance and technical information dissemination. (5) Financial assistance.-- (A) In general.--To carry out this subsection, the Administrator may provide financial assistance to an Alliance under terms and conditions prescribed by the Administrator. (B) Limitations.--The Administrator may not provide financial assistance to an Alliance under this subsection-- (i) for construction of facilities; or (ii) in an amount that exceeds a minority cost share of the activities carried out by the Alliance under this subsection. SEC. 4. USE OF ENVIRONMENTAL TECHNOLOGY PRODUCTS BY THE FEDERAL GOVERNMENT. (a) Establishment.--The President shall establish a program for evaluating and approving the purchase by the Federal Government of environmental technology products. The President shall-- (1) work with established performance standards programs to ensure substitutability of environmental technologies for conventional technologies for the purposes of the Federal Government; (2) establish a priority list of technologies for inclusion under the program; and (3) implement a plan for the procurement of environmental technologies. (b) Report.--Within one year after the date of the enactment of this Act and annually thereafter, the President shall submit to the Congress a report describing the progress made in carrying out this section and plans for carrying out this section for the three years immediately following the year in which the report is submitted. SEC. 5. STUDY OF REGULATORY INFLUENCES ON INNOVATION IN ENVIRONMENTAL TECHNOLOGIES. (a) Review.--The Administrator, working with State regulatory agencies, shall conduct a study of current environmental regulations and their effect upon innovation in environmental technologies and the introduction of new environmental products. (b) Report.--The Administrator shall, within one year after the date of the enactment of this Act, submit to the Congress a report on the results of the study described in subsection (a). The report shall contain any suggestions of the Administrator for actions that could be taken to increase the regulatory incentives for industrial use of new environmental technologies. SEC. 6. STUDY OF THE IMPACT OF TAX INCENTIVES ON INNOVATION IN ENVIRONMENTAL TECHNOLOGIES. The President shall study the potential for efficiently encouraging the development and use of environmental technologies through tax incentives. The study shall-- (1) review existing environmental and technology development tax incentives and estimate their impact on the development and use of environmental technologies; (2) assess the potential of alternative tax incentives that are considered promising for accelerating the development and use of environmental technologies; and (3) in coordination with the study of regulatory effects on innovation in environmental technologies established in section 5, assess the relationship between existing regulations and proposed regulatory reforms on the influence of existing and potential tax incentives. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``environmental technology'' means-- (A) a technology that is primarily intended to improve the quality of the environment through pollution reduction or remediation; (B) a product, manufacturing process, or service that is capable of cost-effectively replacing the functions of an existing product, process, or service, and as compared with the product, process, or service it replaces, significantly reducing overall pollution or significantly improving the efficiency of energy or materials use; or (C) a technology within the meaning of subparagraphs (A) and (B). (3) The term ``sustainable economic development'' means the integration of environmental and economic development concerns leading to long-term economic development with reduced pollution and the more efficient use of energy and materials.

Environmental Technology Research Integration and Coordination Act - Requires the Director of the Office of Science and Technology Policy to take any action necessary to: (1) ensure the coordinated, interagency promotion of the research, development, and adoption of environmental technologies; and (2) develop priorities for Federal environmental technology research, development, and adoption efforts. Requires the Director to: (1) assess the budget estimate of each relevant Federal agency for consistency with plans, reviews, and priorities on an annual basis; (2) make assessment results available to the Executive Office of the President for use in the preparation of the President's budget; (3) report annually to the Congress on the progress of Federal efforts to advance the research, development, and adoption of environmental technologies; and (4) establish mechanisms to ensure the participation of non-Federal entities. Directs the Administrator of the Environmental Protection Agency (EPA), acting through the EPA Office of Research and Development, to use existing information network capabilities to provide access to data on environmental technologies developed, tested, or verified by programs under this Act and by other appropriate sources. Authorizes the Administrator to enter into partnership agreements ("alliances") with State or local government agencies and other specified entities to: (1) facilitate access to information incorporated in the networks; and (2) transfer to such entities other information that would enhance the development and adoption of environmental technologies. Encourages alliances to disseminate information, and provide technical assistance, to U.S. companies on opportunities for the more efficient use of materials and energy and for waste minimization, materials conversion, and recycling. Authorizes the Administrator to provide financial assistance to alliances under certain conditions. Directs the President to establish a program for evaluating and approving Federal Government purchases of environmental technology products. Requires the Administrator to study and report to the Congress on the effect of current environmental regulations upon innovation in environmental technologies and the introduction of new environmental products, including actions that could be taken to increase the regulatory incentives for industrial use of new environmental technologies. Directs the President to study the potential for efficiently encouraging the development and use of environmental technologies through tax incentives.

Environmental Technology Research Integration and Coordination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Working Families Tax Relief Act of 2009''. SEC. 2. STATE AND LOCAL SALES TAX DEDUCTION MADE PERMANENT. (a) In General.--Paragraph (5) of section 164(b) of the Internal Revenue Code of 1986 is amended by striking subparagraph (I). (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2009. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) In General.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e) (relating to termination). (b) Sunset Not To Apply.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to provisions of, and amendments made by, section 431 of such Act (relating to deduction for higher education expenses). (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. MORTGAGE INSURANCE PREMIUMS TREATED AS INTEREST MADE PERMANENT. (a) In General.--Subparagraph (E) of section 163(h)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Effective Date.--The amendment made by this section shall apply to amounts paid or accrued after December 31, 2009. SEC. 5. EXPANSION AND MODIFICATION OF THE HOMEBUYER CREDIT. (a) Extension.-- (1) In general.--Section 36(h) of the Internal Revenue Code of 1986 is amended by striking ``December 1, 2009'' and inserting ``December 31, 2009''. (2) Conforming amendment.--Section 36(g) of such Code is amended by striking ``December 1, 2009'' and inserting ``December 31, 2009''. (b) Expansion to All Purchasers of Principal Residence.-- (1) In general.--Subsection (a) of section 36 of such Code is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (2) Conforming amendments.-- (A) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (B) Section 36 of such Code is amended by striking ``first-time homebuyer credit'' in the heading and inserting ``home purchase credit''. (C) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: ``Sec. 36. Home purchase credit.''. (D) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ``homebuyer credit'' and inserting ``home purchase credit''. (c) Modification of Recapture.-- (1) Repeal of general recapture rule.--Subsection (f) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (2) 3-year recapture period.--Paragraph (6) of section 36(f) of such Code, as so redesignated, is amended to read as follows: ``(6) Recapture period.--For purposes of this subsection, the term `recapture period' means the 36-month period beginning on the date of the purchase of such residence by the taxpayer.''. (3) Conforming amendments.-- (A) Paragraph (1) of section 36(f) of such Code, as so redesignated, is amended to read as follows: ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the recapture period, the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed.''. (B) Section 36(f)(2) of such Code, as so redesignated, is amended-- (i) by striking ``paragraph (2)'' and inserting ``paragraph (1)'', and (ii) by striking the second sentence. (C) Section 36(f)(3) of such Code, as so redesignated, is amended-- (i) by striking ``Paragraphs (1) and'' in subparagraph (A) and inserting ``Paragraph (1)'', (ii) in subparagraph (B)-- (I) by striking ``Paragraph (2)'' both places it appears and inserting ``Paragraph (1)'', and (II) by striking ``paragraph (2)'' and inserting ``paragraph (1)'', (iii) in subparagraph (C)-- (I) by striking ``paragraph (2)'' in clause (i) and inserting ``paragraph (1)'', and (II) by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'', and (iv) by striking subparagraph (D). (4) Conforming amendment.--Subsection (g) of section 36 of such Code is amended by striking ``subsection (c)'' and inserting ``subsections (c) and (f)(4)(D)''. (d) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) 1st time homebuyer.--The amendment made by subsection (b) shall apply to purchases on or after the date of the enactment of this Act. (3) Modification of recapture.--The amendments made by subsection (c) shall take effect as if included in the amendments made by section 3011(c) of the Housing and Economic Recovery Act of 2008.

American Working Families Tax Relief Act of 2009 - Amends the Internal Revenue Code to make permanent the tax deductions for state and local sales taxes, qualified tuition and related expenses, and mortgage insurance premiums. Modifies the first-time homebuyer tax credit by: (1) allowing all purchasers of a principal residence, not just first-time homebuyers, to claim such credit; (2) eliminating the requirement to repay credit amounts over a 15-year period; and (3) imposing a recapture requirement for taxpayers who dispose of a residence within 36 months after purchase. Extends such credit through December 31, 2009.

To amend the Internal Revenue Code of 1986 to make permanent the deduction for State and local sales tax, the deduction for qualified tuition and related expenses, and the deduction for mortgage interest premiums, and to modify to the homebuyer credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stephanie Tubbs Jones Gift of Life Medal Act of 2008''. SEC. 2. ELIGIBILITY REQUIREMENTS FOR STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL. (a) In General.--Subject to the provisions of this section and the availability of funds under this Act, any organ donor, or the family of any organ donor, shall be eligible for a Stephanie Tubbs Jones Gift of Life Medal (hereafter in this Act referred to as a ``medal''). (b) DOCUMENTATION.--The Secretary of Health and Human Services shall direct the entity operating the Organ Procurement and Transplantation Network to-- (1) establish an application procedure requiring the relevant organ procurement organization through which an individual or family of the individual made an organ donation, to submit to such entity documentation supporting the eligibility of the individual or the family, respectively, to receive a medal; (2) determine through the documentation provided and, if necessary, independent investigation whether the individual or family, respectively, is eligible to receive such a medal; and (3) arrange for the presentation to the relevant organ procurement organization all medals struck pursuant to section 4 to individuals or families that are determined to be eligible to receive medals. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), only 1 medal may be presented to a family under subsection (b). Such medal shall be presented to the donating family member, or in the case of a deceased donor, the family member who signed the consent form authorizing, or who otherwise authorized, the donation of the organ involved. (2) Exception.--In the case of a family in which more than 1 member is an organ donor, a medal may be presented for each such organ donor. SEC. 3. SOLICITATION OF DONATIONS; PROHIBITION ON USE OF FEDERAL FUNDS. (a) In General.--The Organ Procurement and Transplantation Network may collect funds to offset expenditures relating to the issuance of medals authorized under this Act. (b) Payment of Funds.-- (1) In general.--Except as provided in paragraph (2), all funds received by the Organ Procurement and Transplantation Network under subsection (a) shall be promptly paid by the Organ Procurement and Transplantation Network to the Secretary of Health and Human Services for purposes of purchasing medals under this Act for distribution and paying the administrative costs of the Secretary of Health and Human Services and the Secretary of the Treasury in carrying out this Act. (2) Limitation.--Not more than 7 percent of any funds received under subsection (a) may be used to pay administrative costs, and fundraising costs to solicit funds under subsection (a), incurred by the Organ Procurement and Transplantation Network in carrying out this Act. (c) Prohibition on Use of Federal Funds.--No Federal funds (including amounts appropriated for use by the Organ Procurement and Transplantation Network) may be used for purposes of carrying out this Act, including purchasing medals under this Act or paying the administrative costs of the Secretary of Health and Human Services or the Secretary of the Treasury in carrying out this Act. SEC. 4. DESIGN AND PRODUCTION OF MEDAL. (a) In General.--Subject to the provisions of this section, the Secretary of the Treasury shall design and strike the Stephanie Tubbs Jones Gift of Life Medals, each of which shall-- (1) weigh 250 grams; (2) have a diameter of 3 inches; and (3) consist of bronze. (b) Design.-- (1) In general.--The design of the medals shall commemorate the compassion and courage manifested by and the sacrifices made by organ donors and their families, and the medals shall bear suitable emblems, devices, and inscriptions. (2) Selection.--The design of medals struck under this section shall be-- (A) selected by the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Organ Procurement and Transplantation Network, interested members of the family of Stephanie Tubbs Jones, Dr. William H. Frist, and the Commission of Fine Arts; and (B) reviewed by the Citizens Coin Advisory Committee. (c) National Medals.--The medals struck pursuant to this section are national medals for purposes of chapter 51 of title 31, United States Code. (d) Striking and Delivery of Minimum-Sized Lots.--The Secretary of the Treasury shall strike and deliver to the Secretary of Health and Human Services no fewer than 100 medals at any time pursuant to an order by such Secretary. (e) Cost of Medals.--Medals struck under this section and sold to the Secretary of Health and Human Services for distribution in accordance with this Act shall be sold to the Secretary of Health and Human Services at a price sufficient to cover the cost of designing and striking the medals, including labor, materials, dies, use of machinery, and overhead expenses. (f) No Expenditures in Advance of Receipt of Fund.-- (1) In general.--The Secretary of the Treasury shall not strike or distribute any medals under this Act until such time as the Secretary of Health and Human Services certifies that sufficient funds have been received by such Secretary to cover the cost of the medals ordered. (2) Design in advance of order.--Notwithstanding paragraph (1), the Secretary of the Treasury may begin designing the medal at any time after the date of the enactment of this Act and take such other action as may be necessary to be prepared to strike such medals upon receiving the certification described in such paragraph, including preparing dies and striking test pieces. SEC. 5. MEDALS NOT TREATED AS VALUABLE CONSIDERATION. A medal under this Act shall not be treated as valuable consideration for purposes of section 301(a) of the National Organ Transplant Act (42 U.S.C. 274e(a)). SEC. 6. DEFINITIONS. For purposes of this Act: (1) Organ.--The term ``organ'' has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations. (2) Organ procurement organization.--The term ``organ procurement organization'' means a qualified organ procurement organization described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)). (3) Organ procurement and transplantation network.-- The term ``Organ Procurementand Transplantation Network'' means the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Stephanie Tubbs Jones Gift of Life Medal Act of 2008 - Makes any organ donor, or the family of any organ donor, eligible for a Stephanie Tubbs Jones Gift of Life Medal. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network to establish an application procedure, determine eligibility, and arrange for the presentation of medals. Allows only one medal per family. Requires that such medal be presented to the donor or, in the case of a deceased donor, the family member who signed the consent form authorizing the organ donation. Authorizes the Network to collect funds to offset expenditures relating to the issuance of medals. Prohibits federal funds from being used to carry out this Act. Requires the Secretary of the Treasury to design and strike the Stephanie Tubbs Jones Gift of Life Medals using certain specifications. Provides that a medal under this Act shall not be treated as valuable consideration for purposes of prohibiting transferring human organs for valuable consideration.

To establish the Stephanie Tubbs Jones Gift of Life Medal for organ donors and the family of organ donors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Reinvestment Act''. SEC. 2. LIMITATION ON USE OF FUNDS FROM LAND AND WATER CONSERVATION FUND. The Land and Water Conservation Fund Act of 1965 is amended-- (1) in section 1(b)(2) (16 U.S.C. 460l-4(b)(2)) by striking ``acquisition and development'' and inserting ``maintenance''; (2) in section 5 (16 U.S.C. 460l-7) in the last sentence, in the text preceding paragraph (1), by striking ``acquisition'' and inserting ``maintenance''; (3) in section 7(a) (16 U.S.C. 460l-9(a))-- (A) in the matter preceding paragraph (1) by inserting ``for maintenance'' after ``otherwise allotted''; (B) in paragraph (1)-- (i) in the matter preceding the first undesignated paragraph by striking ``For the acquisition'' and inserting ``For the maintenance''; (ii) by amending the second undesignated paragraph to read as follows: ``National forest system.--Wilderness areas of the National Forest System, and other areas of national forests that are primarily of value for outdoor recreation.''; and (iii) by amending the third undesignated paragraph to read as follows: ``National wildlife refuge system.--Federal lands that are acquired for endangered species and threatened species under section 5(a) of the Endangered Species Act of 1973; areas acquired under section 2 of the Act of September 28, 1962 (16 U.S.C. 460k-1); national wildlife refuge areas acquired under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)), and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986; and any areas acquired for the National Wildlife Refuge System by specific Acts.''; and (C) by striking paragraph (3); (4) in subsection (b) of section 7 (16 U.S.C. 460l-9(b)) by striking ``unless'' and all that follows through the end of the subsection and inserting a period; (5) by striking subsection (c) of section 7 (16 U.S.C. 460l-9(c)); and (6) by striking sections 9 and 10 (16 U.S.C 460l-10a and 460l-10b). SEC. 3. REQUIREMENT TO REDUCE BACKLOGGED MAINTENANCE. The head of each covered landholding agency shall-- (1) by not later than the end of the 5-fiscal-year period beginning on the date of the enactment of this Act, reduce by at least 20 percent the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to lands under the administrative jurisdiction of the agency; and (2) by not later than the end of each 5-fiscal-year period thereafter, reduce the dollar value of backlogged maintenance that exists on the first day of that period with respect to lands under the administrative jurisdiction of the agency, by an amount that is equal to or greater than the sum of-- (A) 20 percent of the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to such lands; (B) the amount of any reduction in backlogged maintenance previously required under this section that has not been carried out; and (C) any additional backlogged maintenance that arose on or after the date of the enactment of this Act and that has not been carried out. SEC. 4. REPORTS ON REDUCTION OF BACKLOGGED MAINTENANCE. (a) In General.--The head of each covered landholding agency shall publish and submit reports to the Congress that-- (1) document the progress made by the agency in reducing backlogged maintenance with respect to lands under the administrative jurisdiction of the agency, including a statement of-- (A) the dollar value of the reduction in backlogged maintenance that has been achieved by the agency in the 5-fiscal-year period covered by the report; (B) whether or not the agency, in the 5-fiscal-year period covered by the report, has achieved the reduction in backlogged maintenance required to be achieved by the agency under section 3 for that period; and (C) the amount (if any) by which the dollar value stated in subparagraph (A) is less than the amount of reduction in backlogged maintenance that is required to be achieved by the agency under section 3; (2) include a prioritized list of construction, deferred maintenance, and regular maintenance projects the agency must carry out in order to achieve reductions in backlogged maintenance required under section 3; and (3) include a plan for carrying out such projects over the next 5 fiscal years. (b) Timing of Reports.--The head of a covered landholding agency-- (1) shall publish and submit the first report under this section by not later than 30 days after the end of the first 5- fiscal-year period beginning after the date of the enactment of this Act; and (2) shall publish and submit subsequent reports under this section by not later than 30 days after the end of each subsequent 5-fiscal-year period thereafter until all backlogged maintenance has been completed with respect to lands under the administratieve jurisdiction of the agency. (c) Final Report.--Not later than December 31 of the year in which all backlogged maintenance has been completed with respect to lands under the administratieve jurisdiction of a covered landholding agency, the head of the agency shall submit to the Congress a final report that, in detail-- (1) prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, based on the success of programs of the agency that relate to such lands; (2) describes a system of regular maintenance that is required with respect to such lands; and (3) includes a prioritized list of capital improvement projects for such lands. SEC. 5. PRIORITIZATION OF LANDS. Not later than 4 years after the date of the enactment of this Act, the head of each covered landholding agency shall submit to the Congress a report that prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, from highest to lowest priority in the order of their importance to the success of programs carried out by the agency. SEC. 6. DEFINITIONS. In this Act: (1) Backlogged maintenance.--The term ``backlogged maintenance''-- (A) means the total dollar value of regular maintenance, deferred maintenance, and capital improvement to be carried out with respect to lands under the administrative jurisdiction of a covered landholding agency that has not been completed; and (B) is deemed to be, on the date of the enactment of this Act-- (i) $354,000,000 with respect to lands under the administrative jurisdiction of the Bureau of Land Management; (ii) $1,500,000,000 with respect to lands under the administrative jurisdiction of the United States Fish and Wildlife Service; (iii) $7,300,000,000 with respect to lands under the administrative jurisdiction of the Forest Service; and (iv) $5,400,000,000 with respect to lands under the administrative jurisdiction of the National Park Service. (2) Covered landholding agency.--The term ``covered landholding agency'' means each of-- (A) the Bureau of Land Management; (B) the United States Fish and Wildlife Service; (C) the Forest Service; and (D) the National Park Service. (3) Maintenance.--The term ``maintenance'' means the upkeep of real property, including capital improvement and development.

Land Reinvestment Act - Amends the Land and Water Conservation Fund Act of 1965 to provide for the maintenance of certain Federal lands and waters.Eliminates instances in which certain appropriations from the Land and Water Conservation Fund can be used for: (1) acquisition; or (2) preacquisition work.Withdraws authorization for the Secretary of the Interior to make certain types of minor revisions to the boundaries of the National Park System.Strikes authorization for the Secretary to enter into contracts for: (1) the acquisition of lands and waters within the National Park System, the National Forest System, and the National Wildlife Refuge System; and (2) options to acquire land and waters in the National Park System.Sets forth requirements for the Bureau of Land Management, the United States Fish and Wildlife Service, the Forest Service, and the National Park Service to reduce backlogged maintenance. Requires such agencies to prioritize Federal lands under their respective jurisdictions according to contributions to the success of agency programs.

To amend the Land and Water Conservation Fund to limit the use of funds available from the Land and Water Conservation Fund Act of 1965 to use for maintenance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Iran in the Western Hemisphere Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has vital political, economic, and security interests in the Western Hemisphere. (2) Iran is pursuing cooperation with Latin American countries by signing economic and security agreements in order to create a network of diplomatic and economic relationships to lessen the blow of international sanctions and oppose Western attempts to constrict its ambitions. (3) According to the Department of State, Hezbollah, with Iran as its state sponsor, is considered the ``most technically capable terrorist group in the world'' with ``thousands of supporters, several thousand members, and a few hundred terrorist operatives,'' and officials from the Iranian Islamic Revolutionary Guard Corps (IRGC) Qods Force have been working in concert with Hezbollah for many years. (4) The IRGC's Qods Force has a long history of supporting Hezbollah's military, paramilitary, and terrorist activities, providing it with guidance, funding, weapons, intelligence, and logistical support, and in 2007, the Department of the Treasury placed sanctions on the IRGC and its Qods Force for their support of terrorism and proliferation activities. (5) The IRGC's Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socioeconomic ties with the well established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. (6) According to the Department of Defense, the IRGC and its Qods Force played a significant role in some of the deadliest terrorist attacks of the past two decades, including the 1994 attack on the AMIA Jewish Community Center in Buenos Aires, by generally directing or supporting the groups that actually executed the attacks. (7) Reports of Iranian intelligence agents being implicated in Hezbollah-linked activities since the early 1990s suggest direct Iranian government support of Hezbollah activities in the Tri- Border Area of Argentina, Brazil, and Paraguay, and in the past decade, Iran has dramatically increased its diplomatic missions to Venezuela, Bolivia, Nicaragua, Ecuador, Argentina, and Brazil. Iran has built 17 cultural centers in Latin America, and it currently maintains 11 embassies, up from 6 in 2005. (8) Hezbollah and other Iranian proxies with a presence in Latin America have raised revenues through illicit activities, including drug and arms trafficking, counterfeiting, money laundering, forging travel documents, pirating software and music, and providing haven and assistance to other terrorists transiting the region. (9) Bolivia, Cuba, Ecuador, Nicaragua, and Venezuela expressed their intention to assist Iran in evading sanctions by signing a statement supporting Iran's nuclear activities and announcing at a 2010 joint press conference in Tehran their determination to ``continue and expand their economic ties to Iran'' with confidence that ``Iran can give a crushing response to the threats and sanctions imposed by the West and imperialism''. (10) The U.S. Drug Enforcement Administration concluded in 2008 that almost one-half of the foreign terrorist organizations in the world are linked to narcotics trade and trafficking, including Hezbollah and Hamas. (11) In October 2011, the United States charged two men, Manssor Arbabsiar, a United States citizen holding both Iranian and United States passports, and Gholam Shakuri, an Iran-based member of Iran's IRGC Qods Force, with conspiracy to murder a foreign official using explosives in an act of terrorism. Arbabsiar traveled to Mexico with the express intent to hire ``someone in the narcotics business'' to carry out the assassination of the Saudi Arabian Ambassador in the United States. While in the end, he only engaged a U.S. Drug Enforcement Agency informant posing as an associate of a drug trafficking cartel, Arbabsiar believed that he was working with a member of a Mexican drug trafficking organization and sought to send money to this individual in installments and not in a single transfer. (12) In February 2011, actions by the Department of the Treasury effectively shut down the Lebanese Canadian Bank. Subsequent actions by the United States Government in connection with the investigation into Lebanese Canadian Bank resulted in the indictment in December 2011 of Ayman Joumaa, an individual of Lebanese nationality, with citizenship in Lebanon and Colombia, and with ties to Hezbollah, for trafficking cocaine to the Los Zetas drug trafficking organization in Mexico City for sale in the United States and for laundering the proceeds. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to use a comprehensive government-wide strategy to counter Iran's growing hostile presence and activity in the Western Hemisphere by working together with United States allies and partners in the region to mutually deter threats to United States interests by the Government of Iran, the Iranian Islamic Revolutionary Guard Corps (IRGC), the IRGC's Qods Force, and Hezbollah. SEC. 4. DEFINITIONS. In this Act: (1) Western hemisphere.--The term ``Western Hemisphere'' means the United States, Canada, Mexico, the Caribbean, South America, and Central America. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 5. REQUIREMENT OF A STRATEGY TO ADDRESS IRAN'S GROWING HOSTILE PRESENCE AND ACTIVITY IN THE WESTERN HEMISPHERE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall conduct an assessment of the threats posed to the United States by Iran's growing presence and activity in the Western Hemisphere and submit to the relevant congressional committees the results of the assessment and a strategy to address Iran's growing hostile presence and activity in the Western Hemisphere. (b) Matters To Be Included.--The strategy described in subsection (a) should include-- (1) a description of the presence, activities, and operations of Iran, the Iranian Islamic Revolutionary Guard Corps (IRGC), its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present in the Western Hemisphere, including information about their leaders, objectives, and areas of influence and information on their financial networks, trafficking activities, and safe havens; (2) a description of the terrain, population, ports, foreign firms, airports, borders, media outlets, financial centers, foreign embassies, charities, religious and cultural centers, and income- generating activities in the Western Hemisphere utilized by Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present in the Western Hemisphere; (3) a description of the relationship of Iran, the IRGC, its Qods Force, and Hezbollah with transnational criminal organizations linked to Iran and other terrorist organizations in the Western Hemisphere, including information on financial networks and trafficking activities; (4) a description of the relationship of Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present in the Western Hemisphere with the governments in the Western Hemisphere, including military-to- military relations and diplomatic, economic, and security partnerships and agreements; (5) a description of the Federal law enforcement capabilities, military forces, State and local government institutions, and other critical elements, such as nongovernmental organizations, in the Western Hemisphere that may organize to counter the threat posed by Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present in the Western Hemisphere; (6) a description of activity by Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present at the United States borders with Mexico and Canada and at other international borders within the Western Hemisphere, including operations related to drug, human, and arms trafficking, human support networks, financial support, narco- tunneling, and technological advancements that incorporates-- (A) with respect to the United States borders, in coordination with the Governments of Mexico and Canada and the Secretary of Homeland Security, a plan to address resources, technology, and infrastructure to create a secure United States border and strengthen the ability of the United States and its allies to prevent operatives from Iran, the IRGC, its Qods Force, Hezbollah, or any other terrorist organization from entering the United States; and (B) within Latin American countries, a multiagency action plan, in coordination with United States allies and partners in the region, that includes the development of strong rule-of-law institutions to provide security in such countries and a counterterrorism and counter-radicalization plan to isolate Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist organizations linked to Iran that may be present in the Western Hemisphere from their sources of financial support and counter their facilitation of terrorist activity; and (7) a plan-- (A) to address any efforts by foreign persons, entities, and governments in the region to assist Iran in evading United States and international sanctions; (B) to protect United States interests and assets in the Western Hemisphere, including embassies, consulates, businesses, energy pipelines, and cultural organizations, including threats to United States allies; (C) to support United States efforts to designate persons and entities in the Western Hemisphere for proliferation activities and terrorist activities relating to Iran, including affiliates of the IRGC, its Qods Force, and Hezbollah, under applicable law including the International Emergency Economic Powers Act; and (D) to address the vital national security interests of the United States in ensuring energy supplies from the Western Hemisphere that are free from the influence of any foreign government that would attempt to manipulate or disrupt global energy markets. (c) Development.--In developing the strategy under this section, the Secretary of State shall consult with the heads of all appropriate United States departments and agencies, including the Secretary of Defense, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative. (d) Form.--The strategy in this section may be submitted in classified form, but shall include an unclassified summary of policy recommendations to address the growing Iranian threat in the Western Hemisphere. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of State should keep the relevant congressional committees continually informed on the hostile actions of Iran in the Western Hemisphere. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit the rights or protections enjoyed by United States citizens under the United States Constitution or other Federal law, or to create additional authorities for the Federal Government that are contrary to the United States Constitution and United States law. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 12, 2012. The summary of that version is repeated here.) Countering Iran in the Western Hemisphere Act of 2012 - States that it is U.S. policy to use a comprehensive strategy to counter Iran's growing hostile presence in the Western Hemisphere by working together with U.S. allies and partners in the region to deter threats to U.S. interests by Iran, the Iranian Islamic Revolutionary Guard Corps (IRGC), the IRGC's Qods Force, and Hezbollah. Directs the Secretary of State to submit to Congress a strategy to address Iran's growing presence and activity in the Western Hemisphere which should include: (1) descriptions of the presence, activities, and operations of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah; (2) descriptions of the terrain, population, ports, foreign firms, airports, borders, media outlets, financial centers, foreign embassies, charities, religious and cultural centers, and income-generating activities utilized by Iran, the IRGC, the IRGC's Qods Force, and Hezbollah; (3) descriptions of the relationship of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah with transnational criminal organizations; (4) descriptions of the relationship of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah that may be present with governments in the Western Hemisphere; (5) descriptions of federal law enforcement capabilities, military forces, state and local government institutions, and other critical elements, such as nongovernmental organizations that may organize to counter the Iranian threat in the Western Hemisphere; (6) descriptions of activity by Iran, the IRGC, the IRGC's Qods Force, and Hezbollah that may be present at the U.S. borders with Mexico and Canada and at other international borders within the Western Hemisphere; and (7) a plan to address efforts by foreign persons, entities, and governments in the region to assist Iran in evading sanctions, to protect U.S. interests, assets, and allies in the Western Hemisphere, to support U.S. efforts to designate persons and entities in the Western Hemisphere for proliferation and terrorist activities relating to Iran, and to address vital U.S. interests in ensuring energy supplies from the Western Hemisphere. Authorizes such strategy to be submitted in classified form, but requires it to include an unclassified summary of policy recommendations addressing the growing Iranian threat in the Western Hemisphere. Expresses the sense of Congress that the Secretary should keep Congress informed about Iran's hostile actions in the Western Hemisphere.

To provide for a comprehensive strategy to counter Iran's growing hostile presence and activity in the Western Hemisphere, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Supervisor Training Act of 2010''. SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS. (a) In General.--Section 4121 of title 5, United States Code, is amended-- (1) by inserting before ``In consultation with'' the following: ``(a) In this section-- ``(1) the term `interactive' includes simultaneous personal interaction between an instructor and one or more trainees; ``(2) the term `small agency' means an agency that is a member organization of the Small Agency Council; and ``(3) the term `supervisor' means-- ``(A) a supervisor as defined under section 7103(a)(10); ``(B) a management official as defined under section 7103(a)(11); and ``(C) any other employee as the Director of the Office of Personnel Management may by regulation prescribe.''; (2) by striking ``In consultation with'' and inserting ``(b) Under operating competencies promulgated by, and in consultation with,''; and (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: ``(2)(A) a program to provide training to supervisors on actions, options, and strategies a supervisor may use in-- ``(i) developing and discussing relevant goals and objectives together with the employee, communicating and discussing progress relative to performance goals and objectives and conducting performance appraisals; ``(ii) mentoring and motivating employees and improving employee performance and productivity; ``(iii) fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees; ``(iv) effectively managing employees with unacceptable performance; ``(v) addressing reports of a hostile work environment, reprisal, or harassment of, or by, another supervisor or employee; and ``(vi) otherwise carrying out the duties or responsibilities of a supervisor; ``(B) a program to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsection (b) (1) and (8) of that section), employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and ``(C) a program under which experienced supervisors mentor new supervisors by-- ``(i) transferring knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, leadership, and professional development; and ``(ii) pointing out strengths and areas for development. ``(c) Training in programs established under subsection (b)(2) (A) and (B) shall be interactive for managers in their first year as a supervisor. ``(d)(1) Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program established under subsection (b)(2). ``(2) After completion of a program under subsection (b)(2) (A) and (B), each supervisor shall be required to complete a program under subsection (b)(2) (A) and (B) at least once every 3 years. ``(3) Each program established under subsection (b)(2) shall include provisions under which credit shall be given for periods of similar training previously completed. ``(e)(1) If, due to unforeseen circumstances, an individual cannot complete a program established under subsection (b) within the deadline established under subsections (d)(1) or (d)(2), the Office of Personnel Management shall regulate an appropriate schedule for such individual to complete such program. ``(2) Not later than 2 years after the date of enactment of this subsection and annually thereafter, the Office of Personnel Management shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Such report shall include the number of individuals who received an adjusted training schedule pursuant to paragraph (1). ``(f)(1) When consulting with the head of a small agency in establishing a training program for such agency under subsection (b), the Office of Personnel Management shall consult with the Small Agency Council. Any such program established by such head must otherwise meet the requirements of subsections (b), (c), and (d). ``(2) Notwithstanding the requirements of subsection (b) and with the prior written approval of the Office of Personnel Management, the head of an agency that is not a small agency may use, in lieu of establishing a training program under subsection (b), a training program established by the head of a small agency under such subsection. ``(g) Notwithstanding section 4118(c), the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section. Regulations prescribed under this subsection shall include measures by which to assess the effectiveness of agency supervisor training programs.''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations in accordance with subsection (g) of section 4121 of title 5, United States Code, as added by subsection (a) of this section. (c) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act and apply to-- (A) each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on or after that effective date; and (B) each individual who is employed in the position of a supervisor on that effective date as provided under paragraph (2). (2) Supervisors on effective date.--Each individual who is employed in the position of a supervisor on the effective date of this section and who is not subject to an adjusted schedule under section 4121(e) of title 5, United States Code (as added by subsection (a) of this section), shall be required to-- (A) complete each program established under section 4121(b)(2) of such title (as added by subsection (a) of this section), not later than 3 years after the effective date of this section; and (B) complete programs every 3 years thereafter in accordance with section 4121(d) (2) and (3) of such title. SEC. 3. MANAGEMENT COMPETENCIES. (a) In General.--Chapter 43 of title 5, United States Code, is amended-- (1) by redesignating section 4305 as section 4306; and (2) inserting after section 4304 the following: ``Sec. 4305. Management competencies ``(a) In this section, the term `supervisor' means-- ``(1) a supervisor as defined under section 7103(a)(10); ``(2) a management official as defined under section 7103(a)(11); and ``(3) any other employee as the Director of the Office of Personnel Management may by regulation prescribe. ``(b) The Director of the Office of Personnel Management shall issue guidance to agencies on competencies supervisors are expected to possess in order to effectively manage, and be accountable for managing, the performance of employees. ``(c) Each agency shall-- ``(1) based on the Office of Personnel Management's competency model, assess the overall competency of the supervisors in such agency; ``(2) develop and implement a supervisor training program to strengthen issues identified during such assessment; and ``(3) measure the effectiveness of the supervisor training program established under paragraph (3) in improving supervisor competence. ``(d) Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit a report to the Office on the progress of the agency in implementing this section, including measures used to assess program effectiveness.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Management competencies. ``4306. Regulations.''. (2) Reference.--Section 4304(b)(3) of title 5, United States Code, is amended by striking ``section 4305'' and inserting ``section 4306''.

Federal Supervisor Training Act of 2010 - Revises provisions relating to specific training programs for federal agency supervisors. Requires the head of each federal agency to establish: (1) a program to provide training to supervisors on developing and discussing relevant goals and objectives with the employee, communicating and discussing progress on performance goals and objectives and conducting performance appraisals, mentoring and motivating employees and improving employee performance and productivity, fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees, effectively managing employees with unacceptable performance, and addressing reports of a hostile work environment, reprisal, or harassment; (2) a program to provide training to supervisors on prohibited personnel practices, employee collective bargaining and union participation rights, and processes to enforce employee rights; and (3) a program under which experienced supervisors mentor new supervisors. Requires: (1) an individual to complete all such programs within one year after being appointed as a supervisor; (2) supervisors to complete one of the first two programs every three years; (3) the Office of Personnel Management (OPM) to regulate an appropriate schedule for an individual who cannot complete such programs within the established deadlines due to unforeseen circumstances; and (4) OPM to consult with the Small Agency Council regarding establishment of a supervisor training program for a small agency. Requires the Director of OPM to issue guidance to federal agencies on competencies supervisors are expected to possess in order to effectively manage, and be accountable for managing, the performance of employees. Requires each agency to: (1) assess the overall capacity of the supervisors in the agency, based on OPM's competency model; (2) develop and implement a supervisor training program to strengthen issues identified during such assessment; and (3) measure the effectiveness of that program in improving supervisor competence.

To amend chapter 41 of title 5, United States Code, to provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peopling of America Theme Study Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) an important facet of the history of the United States is the story of how the United States was populated; (2) the migration, immigration, and settlement of the population of the United States-- (A) is broadly termed the ``peopling of America''; and (B) is characterized by-- (i) the movement of groups of people across external and internal boundaries of the United States and territories of the United States; and (ii) the interactions of those groups with each other and with other populations; (3) each of those groups has made unique, important contributions to American history, culture, art, and life; (4) the spiritual, intellectual, cultural, political, and economic vitality of the United States is a result of the pluralism and diversity of the American population; (5) the success of the United States in embracing and accommodating diversity has strengthened the national fabric and unified the United States in its values, institutions, experiences, goals, and accomplishments; (6)(A) the National Park Service's official thematic framework, revised in 1996, responds to the requirement of section 1209 of the Civil War Sites Study Act of 1990 (16 U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the Secretary shall ensure that the full diversity of American history and prehistory are represented'' in the identification and interpretation of historic properties by the National Park Service; and (B) the thematic framework recognizes that ``people are the primary agents of change'' and establishes the theme of human population movement and change--or ``peopling places''--as a primary thematic category for interpretation and preservation; and (7) although there are approximately 70,000 listings on the National Register of Historic Places, sites associated with the exploration and settlement of the United States by a broad range of cultures are not well represented. (b) Purposes.--The purposes of this Act are-- (1) to foster a much-needed understanding of the diversity and contribution of the breadth of groups who have peopled the United States; and (2) to strengthen the ability of the National Park Service to include groups and events otherwise not recognized in the peopling of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Theme study.--The term ``theme study'' means the national historic landmark theme study required under section 4. (3) Peopling of america.--The term ``peopling of America'' means the migration, immigration, and settlement of the population of the United States. SEC. 4. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF AMERICA. (a) Theme Study Required.--The Secretary shall prepare and submit to Congress a national historic landmark theme study on the peopling of America. (b) Purpose.--The purpose of the theme study shall be to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that-- (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped the culture and society of the United States. (c) Identification and Designation of Potential New National Historic Landmarks.-- (1) In general.--The theme study shall identify and recommend for designation new national historic landmarks. (2) List of appropriate sites.--The theme study shall-- (A) include a list, in order of importance or merit, of the most appropriate sites for national historic landmark designation; and (B) encourage the nomination of other properties to the National Register of Historic Places. (3) Designation.--On the basis of the theme study, the Secretary shall designate new national historic landmarks. (d) National Park System.-- (1) Identification of sites within current units.--The theme study shall identify appropriate sites within units of the National Park System at which the peopling of America may be interpreted. (2) Identification of new sites.--On the basis of the theme study, the Secretary shall recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (e) Continuing Authority.--After the date of submission to Congress of the theme study, the Secretary shall, on a continuing basis, as appropriate to interpret the peopling of America-- (1) evaluate, identify, and designate new national historic landmarks; and (2) evaluate, identify, and recommend to Congress sites for which studies for potential inclusion in the National Park System should be authorized. (f) Public Education and Research.-- (1) Linkages.-- (A) Establishment.--On the basis of the theme study, the Secretary may identify appropriate means for establishing linkages-- (i) between-- (I) regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsections (b) and (d); and (II) groups of people; and (ii) between-- (I) regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures identified under subsection (b); and (II) units of the National Park System identified under subsection (d). (B) Purpose.--The purpose of the linkages shall be to maximize opportunities for public education and scholarly research on the peopling of America. (2) Cooperative arrangements.--On the basis of the theme study, the Secretary shall, subject to the availability of funds, enter into cooperative arrangements with State and local governments, educational institutions, local historical organizations, communities, and other appropriate entities to preserve and interpret key sites in the peopling of America. (3) Educational initiatives.-- (A) In general.--The documentation in the theme study shall be used for broad educational initiatives such as-- (i) popular publications; (ii) curriculum material such as the Teaching with Historic Places program; (iii) heritage tourism products such as the National Register of Historic Places Travel Itineraries program; and (iv) oral history and ethnographic programs. (B) Cooperative programs.--On the basis of the theme study, the Secretary shall implement cooperative programs to encourage the preservation and interpretation of the peopling of America. SEC. 5. COOPERATIVE AGREEMENTS. The Secretary may enter into cooperative agreements with educational institutions, professional associations, or other entities knowledgeable about the peopling of America-- (1) to prepare the theme study; (2) to ensure that the theme study is prepared in accordance with generally accepted scholarly standards; and (3) to promote cooperative arrangements and programs relating to the peopling of America.

Peopling of America Theme Study Act - Directs the Secretary of the Interior to prepare and submit to Congress a national historic landmark theme study on the peopling of America to identify regions, areas, trails, districts, communities, sites, buildings, structures, objects, organizations, societies, and cultures that: (1) best illustrate and commemorate key events or decisions affecting the peopling of America; and (2) can provide a basis for the preservation and interpretation of the peopling of America that has shaped U.S. culture and society.

To require the Secretary of the Interior to conduct a theme study on the peopling of America, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) During the initial months after Virginia was settled, the Rappahannocks had 3 encounters with Captain John Smith. The first occurred when the Rappahannock weroance (headman) traveled to Quiyocohannock (a principal town across the James River from Jamestown) where he met with the Englishman to determine if Smith had been the ``great man'' who had previously sailed into the Rappahannock River, killed a Rappahannock weroance, and kidnapped Rappahannock people. He determined that Smith was too short to be that ``great man''. On a second meeting, during John Smith's captivity (December 16, 1607 until January 8, 1608), Smith was taken to the Rappahannock principal village to show the people that Smith was not the great man. A third meeting took place during Smith's exploration of the Chesapeake Bay (July 1608 until September 1608), when Smith was prevailed upon to make peace between the Rappahannock and the Moraughtacund Indians. The Moraughtacunds had stolen 3 women from the Rappahannock King. In the settlement, Smith had the 2 tribes meet on the spot of their first fight. When it was established that both sides wanted peace, Smith told the Rappahannock King to select which of the 3 women he wanted; the Moraughtacund King got second choice; Mosco, a Wighcocomoco (on the Potomac River) guide, was given the third woman. (2) In 1645, Captain William Claiborne tried unsuccessfully to establish treaty relations with the Rappahannocks. The Rappahannocks had not participated in the Pamunkey-led uprising in 1644, and the English wanted to ``treat with the Rappahannocks or any other Indians not in amity with Opechancanough, concerning serving the county against the Pamunkeys''. (3) In April 1651, the Rappahannocks conveyed their first tract of land to an English settler, Colonel Morre Fauntleroy. The deed was signed by Accopatough, weroance of the Rappahannock Indians. (4) In September 1653, Lancaster County signed a treaty with Rappahannock Indians. The terms of the treaty gave Rappahannocks the rights of the Englishmen in the county court, and it tried to make the Rappahannock more accountable to English law. (5) In September 1653, Lancaster County defined and marked the bounds of its Indian settlements. According to the Lancaster clerk of court, ``the tribe called the great Rappahannocks lived on the Rappahannock Creek just across the river above Tappahannock''. (6) In September 1656, (Old) Rappahannock County (modern- day Richmond and Essex Counties) signed a treaty with Rappahannock Indians. The treaty mirrored the Lancaster County treaty from 1653, and added 2 points: Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives and the English encouraged the Rappahannocks to send their children to live among the English as servants, who the English promised would be treated well. (7) In 1658, the Virginia assembly revised a 1652 Act stating that ``there be no grants of land to any Englishman whatsoever de futuro until the Indians be first served with the proportion of 50 acres of land for each bowman''. (8) In 1669, the colony conducted a census of Virginia Indians. At that time, the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River. At the time of the visit, census takers were counting only the tribes along the rivers. This explains the low number of 30 Rappahannock bowmen counted on the river. The Rappahannocks used this hunting village on the north side of the Mattaponi River as their primary residence until they were removed in 1684. (9) In May 1677, the Treaty of Middle Plantation was signed with England. The Pamunkey Queen Cockacoeske signed on behalf of the Rappahannocks ``who were supposed to be her tributaries''. However, before the treaty could be ratified, the Queen of Pamunkey complained to the Virginia Colonial Council ``that she was having trouble with Rappahannocks and Chickahominies, supposedly tributaries of hers''. (10) In November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 acres ``about the town where they dwelt''. The Rappahannocks ``town'' was their hunting village on the north side of the Mattaponi River, where they had lived throughout the 1670's. The acreage allotment was based on the 1658 Indian land act (seen above), which translated into a bowman population of 70, or an approximate total Rappahannock population of 350. (11) In 1683, following raids by Iroquoian warriors on both Indian and English Settlements, the Virginia Colonial Council ordered the Rappahannocks to leave their reservation and unite with the Nanzatico Indians at Nanzatico Indian Town, which was located across and 30 miles up the Rappahannock River. (12) Between 1687 and 1699, the Rappahannocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town. (13) In 1706, by order of Essex County, Lieutenant Richard Covington ``escorted'' the Portobaccos and Rappahannocks out of Portobacco Indian Town, out of Essex County, and into King and Queen County where they settled along the ridgeline between the Rappahannock and Mattaponi Rivers, the site of their ancient hunting village and Mattaponi Rivers, the site of their ancient hunting village and 1682 reservation. (14) During the 1760s 3 Rappahannock girls were raised on Thomas Nelson's ``Bleak Hill'' Plantation in King William County. One girl married a Saunders man, one married a Johnson man, and the third had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson. In the 19th century, these Saunders, Johnson, and Nelson families are among the core Rappahannock families from which the modern tribe traces its descent. (15) In 1819 and 1820, Edward Bird, John Bird and his unnamed wife, Carter Nelson, Edmund Nelson, and Carter Spurlock (all Rappahannock ancestors) were listed on the tax roles of King and Queen County. They are taxed at the county poor rate. Edmund Bird is added to the list in 1821. This is significant documentation because the overwhelming majority of pre-1864 records for King and Queen County were destroyed by fire. (16) Beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church. This is the first instance of conversion to Christianity by at least some Rappahannocks. Twenty-six identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list; 28 were listed on the 1863 membership roster; that number had declined to 12 in 1878 and had risen only slightly to 14 by 1888. One reason for the decline: in 1870, a Methodist circuit rider, Joseph Mastin, secured funds to purchase land and construct St. Stephens Baptist church for the Rappahannocks living nearby in Caroline County. Mastin documented from 1850 to 1870. St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964. At both, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate. (17) During the early 1900s, James Mooney, noted anthropologist, maintained correspondence with the Rappahannocks, surveying them and instructing them on how to formalize their tribal government. (18) In November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights. In 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government. Speck began a professional relationship with the Tribe that would last more than 30 years and document Rappahannock history and traditions as never done before. (19) In April 1921, Rappahannock Chief George Nelson asked the Governor of Virginia, Westmoreland Davis, to forward a proclamation to the President of the United States. A list of tribal members and a handwritten copy of the proclamation itself were appended. The letter concerned Indian freedom of speech and assembly nationwide. Chief Nelson testified also before Congress requesting acknowledgement of the Rappahannocks civil and sovereign rights, quoting Isaiah 40:31; ``They that wait upon the Lord shall renew their Strength; they shall mount up with wings as Eagles; They shall run, and not be weary; and they shall walk, and not faint''. (20) In 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia. Prior to that time, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia. (21) In December 1923, Rappahannock Chief George Nelson testified before the United States Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia. (22) In 1930, the Rappahannocks were engaged in an ongoing dispute with the Commonwealth of Virginia and the United States Census Bureau about their classification in the 1930 Federal census. In January 1930, Rappahannock Chief Otho S. Nelson wrote to the Chief Statistician of the United States Census Bureau asking that the 218 enrolled Rappahannocks be listed as Indians. In February, Leon Truesdell replied to Nelson saying that ``special instructions'' were being given about classifying Indians. That April, Nelson wrote to William M. Steuart at the Census Bureau asking about the enumerators' failure to classify his people as Indians. Nelson said that enumerators had not asked the question about race when they interviewed his people. In a follow-up letter to Truesdell, Nelson reported that the enumerators were ``flatly denying'' his people's request to be listed as Indians. Furthermore, the race question was completely avoided during interviews. The Rappahannocks had talked with Caroline and Essex County enumerators, and with John M.W. Green already, without success. Nelson asked Truesdell to list people as Indian if he sent a list of members. The matter was settled by William Steuart who concluded that the Bureaus rule was that people of Indian descent could only be classified as ``Indian'' if Indian ``blood'' predominated and ``Indian'' identity was accepted in the local community. The Virginia Vital Statistics Bureau classed all nonreservation Indians as ``negro'', and it failed to see why ``an exception should be made'' for the Rappahannocks. Therefore, in 1925, the Indian Rights Association took on the Rappahannock case to assist them in fighting for their recognition and rights as an Indian Tribe. (23) During the World War II, the Pamunkeys, Mattaponis, Chickahominies, and Rappahannocks fought the draft boards about their racial identity. The Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units. In the end, 3 Rappahannocks were convicted of violating the Federal draft laws. After spending time in a Federal prison, they were granted conscientious objector status and served out the remainder of the war working in military hospitals. (24) In 1943, Frank Speck noted that there were approximately 25 communities of Indians left in the Eastern United States that were entitled to Indian classification. The Rappahannocks were included in this group. (25) In the 1940s, Leon Truesdell, Chief Statistician, United States Bureau of the Census, listed 118 members in the Rappahannock tribe in the Indian population of Virginia. (26) In April 25, 1940, the United Stated Department of the Interior, Office of Indian Affairs, included the Rappahannocks in their list of Tribes by State and Agency. (27) In 1948, the Smithsonian Institution Annual Report included an article by William Harlen Gilbert titled, ``Surviving Indian Groups of the Eastern United States''. The Rappahannock Tribe was included and described in this article. (28) In the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck. The State agreed to pay a tribal teacher to teach 10 students bused by King and Queen County to Sharon Indian School in King William County, Virginia. In 1965, Rappahannock students entered Marriott High School (a white public school) by Executive order of the Governor of Virginia. In 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition. In 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes. In 1980, the Rappahannocks received funding through the Administration for Native Americans, to develop an economic program for the Tribe. (29) In 1983, the Rappahannocks received State recognition. This Bill acknowledges the perseverance of our people and their long struggle to maintain their community, tribal culture, and traditions, to take their rightful place in the history of the United States. (30) Thomasina E. Jordan is commended for her tireless effort and work to gain federal recognition for Virginia Indians. Thomasina E. Jordan laid the foundation to make federal recognition a possibility. The Virginia Indians stand on her shoulders. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Tribe'' means the organization possessing the legal name Rappahannock Tribe, Inc., only and no other tribe, subtribe, band, or splinter groups representing themselves as Rappahannocks; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) the term ``member'' means an enrolled member of the Tribe, as of the date of the enactment of this Act, or an individual who has been placed on the membership rolls of the Tribe in accordance with this Act. SEC. 3. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are not inconsistent with any specific provision of this Act, shall be applicable to the Tribe and its members. (b) Federal Services and Benefits.-- (1) In general.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be deemed to be the area comprised of King and Queen, Caroline, and Essex, Spotsylvania, Stafford, and Richmond Counties, Virginia. SEC. 4. MEMBERSHIP; GOVERNING DOCUMENTS. The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of the enactment of this Act. SEC. 5. GOVERNING BODY. The governing body of the Tribe shall be the governing body on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the governing documents of the Tribe. SEC. 6. RESERVATION OF THE TRIBE. Notwithstanding any other provision of law, if the Tribe transfers other land within the boundaries of King and Queen County, Essex County, Richmond County, Caroline County, Spotsylvania County, or Stafford County, Virginia, to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe. SEC. 7. GAMING PROHIBITION. No land taken into trust for the benefit of the tribe shall be considered Indian lands for the purposes of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). SEC. 8. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS. Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members.

Extends federal recognition to the Rappahannock Tribe, Inc., of Virginia. Makes the Tribe and its members eligible for all future services and benefits provided by the federal government to federally recognized tribes. Deems the Tribe's service area to be King and Queen, Caroline, and Essex, Spotsylvania, Stafford, and Richmond Counties, Virginia. Sets forth requirements for submission of a tribal membership roll and governing documents. Requires the Secretary to take into trust for the Tribe's benefit any other land within such counties the Tribe transfers to the Secretary. Provides that no land taken into trust for the Tribe's benefit shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act.

To extend Federal recognition to the Rappahannock Tribe, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Affordable Gas Price Act''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Termination of restrictions on oil and natural gas development on Federal lands. Sec. 4. Limitation of suits under National Environmental Policy Act of 1969. Sec. 5. Incentives for investment in oil refineries. Sec. 6. Suspension of fuel taxes on highway motor fuels when weekly United States retail gasoline prices exceed benchmark. Sec. 7. Increase in mileage reimbursement rates. Sec. 8. Termination of application of title IV of the Trade Act of 1974 to the Russian Federation and Kazakhstan. SEC. 2. FINDINGS. Congress finds the following: (1) High fuel costs retard economic growth and diminish the quality of life for all Americans. (2) The trucking industry is particularly hard hit by high fuel prices. (3) Attempts to address the issue of high gasoline costs by increasing government involvement in the market through measures such as price controls will only lead to shortages, rationing, and a return of gasoline lines. (4) The Federal regulations restricting drilling impose prohibitive costs on the development of new sources of energy, artificially inflating the price of gas. (5) Federal gas taxes increase the price of oil thus burdening American families, business, and truckers. (6) Allowing private parties to delay, or even halt, the construction of new refineries through litigation over the National Environmental Protection Act's Environmental Impact Statement requirement reduces the supply of gas thus raising gas prices. (7) The so-called Jackson-Vanik (``freedom-of-emigration'') amendment (section 402 of the Trade Act of 1974) was a United States reaction to the Soviet Union's highly restrictive emigration policy of the time. (8) By 2005, some 15 years after the end of communist rule over the Soviet Union, successor states Russia and Kazakhstan allow their citizens the right and opportunity to emigrate, free of any heavy tax on the visas or other documents required for emigration and free of any other tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice. (9) Elimination of the Jackson-Vanik amendment's threat of trade-restricting provisions would increase the United States access to oil supplies from non-Arab countries, thus lowering gas prices. SEC. 3. TERMINATION OF RESTRICTIONS ON OIL AND NATURAL GAS DEVELOPMENT ON FEDERAL LANDS. (a) Outer Continental Shelf.-- (1) Termination of laws prohibiting expenditures for natural gas leasing and preleasing activities.--All provisions of existing Federal law prohibiting the spending of appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. (2) Revocation of existing presidential withdrawals.--All existing withdrawals by the President under the authority of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil or natural gas. (b) Coastal Plain of Alaska.--Sections 1002(i) and 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142(i) and 3143) are repealed. SEC. 4. LIMITATION OF SUITS UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Limitation on Suits.--A statement required under subsection (a)(2)(C) is not subject to judicial review.''. SEC. 5. INCENTIVES FOR INVESTMENT IN OIL REFINERIES. (a) Increase of Expensing for Refineries.--Subsection (a) of section 179C of the Internal Revenue Code of 1986 (relating to election to expense certain refineries) is amended by striking ``50 percent'' and inserting ``100 percent''. (b) Class Life for Refineries.-- (1) In general.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 5-year property) is amended by striking ``and'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting ``, and'', and by inserting after clause (vii) the following new clause: ``(viii) any petroleum refining property.''. (2) Petroleum refining asset.--Section 168(i) of such Code is amended by adding at the end the following new paragraph: ``(20) Petroleum refining property.-- ``(A) In general.--The term `petroleum refining property' means any asset for petroleum refining, including assets used for the distillation, fractionation, and catalytic cracking of crude petroleum into gasoline and its other components. ``(B) Asset must meet environmental laws.--Such term shall not include any asset which does not meet all applicable environmental laws in effect on the date such asset was placed in service. For purposes of the preceding sentence, a waiver under the Clean Air Act shall not be taken into account in determining whether the applicable environmental laws have been met. ``(C) Special rule for mergers and acquisitions.-- Such term shall not include any asset with respect to which a deduction was taken under subsection (e)(3)(B) by any other taxpayer in any preceding year.''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to refineries placed in service after the date of the enactment of this Act. (B) Exception.--The amendments made by this section shall not apply to any refinery with respect to which the taxpayer has entered into a binding contract for the construction thereof on or before the date of the enactment of this Act. SEC. 6. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any suspension period, the tax imposed by this section and section 4041 on highway motor fuel shall be suspended. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Suspension period.--The term `suspension period' means the period-- ``(i) beginning on the date on which the weekly United States retail gasoline price, regular grade (as published by the Energy Information Administration, Department of Energy), inclusive of such tax, is greater than $3.00 per gallon, and ``(ii) ending on the date on which such price (as so published), without regard to this subsection, does not exceed $3.00 per gallon. ``(B) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under this section or section 4041 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a suspension in a rate of tax by reason of section 4081(f) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) 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 had such section 4081(f) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. (d) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (B) on such date such fuel is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date based on a request submitted to the taxpayer before the date which is 3 months after the tax suspension date by the dealer who held the highway motor fuel on such date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection-- (A) Tax suspension date.--The term ``tax suspension date'' means the first day of any suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (e) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date. (3) Definitions.--For purposes of this subsection-- (A) Tax restoration date.--The term ``tax restoration date'' means the first day after the suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (C) Held by a person.--A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use. (5) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4). (C) Controlled groups.--For purposes of this subsection-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (6) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section. SEC. 7. INCREASE IN MILEAGE REIMBURSEMENT RATES. (a) Business.--For purposes of the Internal Revenue Code of 1986, after the date of the enactment of this Act, the optional standard mileage rates to be used for computing the deductible costs of operating an automobile for business purposes shall be not less than 70 cents per mile. (b) Medical, Moving, and Charitable Contribution Rates.--For any day during the period under which highway motor fuel taxes are suspended under section 4081(f) of the Internal Revenue Code of 1986-- (1) the optional standard mileage rates to be used for computing the deductible costs of operating an automobile for medical, moving, and charitable purposes shall be the same rate which is in effect for such day for business purposes, and (2) the rate under section 170(i) shall not apply. SEC. 8. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 TO THE RUSSIAN FEDERATION AND KAZAKHSTAN. (a) Presidential Determinations and Extensions of Nondiscriminatory Treatment.--Notwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may-- (1) determine that such title should no longer apply to both the Russian Federation and Kazakhstan; and (2) after making a determination under paragraph (1) with respect to the Russian Federation and Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of those countries. (b) Termination of Application of Title IV.--On and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of the Russian Federation and Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply to those countries.

Affordable Gas Price Act - Declares without force or effect all provisions of existing federal law that prohibit spending appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of the Outer Continental Shelf. Revokes all existing withdrawals by the President under the authority of the Outer Continental Shelf Lands Act. Amends the Alaska National Interest Lands Conservation Act to repeal: (1) the withdrawal of public lands within the Coastal Plain from entry or appropriation under federal mining or mineral leasing laws; and (2) the prohibition against the production, leasing, and development of oil and gas from the Arctic National Wildlife Refuge (ANWR). Amends the National Environmental Policy Act of 1969 to shield from judicial review mandatory statements by certain federal officials regarding the environmental impact of federal actions upon the quality of the human environment. Amends the Internal Revenue Code to: (1) set forth additional incentives for investment in oil refineries; (2) suspend the tax on highway motor fuels when retail gasoline exceeds a certain benchmark; and (3) increase mileage reimbursement rates. Authorizes the President to extend normal trade relations treatment to the products of the Russian Federation and Kazakhstan.

To reduce the price of gasoline by allowing for offshore drilling, eliminating Federal obstacles to constructing refineries and providing incentives for investment in refineries, suspending Federal fuel taxes when gasoline prices reach a benchmark amount, and promoting free trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Education and Awareness Requires Learning Young Act of 2009'' or ``EARLY Act''. SEC. 2. YOUNG WOMEN'S BREAST CANCER AWARENESS AND SUPPORT. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO BREAST CANCER ``SEC. 399HH. YOUNG WOMEN'S BREAST CANCER AWARENESS AND SUPPORT. ``(a) Public Education Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a national evidence-based education campaign-- ``(A) to increase public awareness regarding the threats posed by breast cancer to young women of all ethnic and cultural backgrounds, including the particular risks faced by certain ethnic and cultural groups; and ``(B) focusing on awareness of risk factors of breast cancer among young women and achieving early detection of breast cancer among young women through community-centered informational forums, public service advertisements, and media campaigns. ``(2) Authorized activities.--In conducting the education campaign under paragraph (1), the Secretary may-- ``(A) make public announcements targeted towards young women with the goal of educating them that breast cancer occurs in young women and the steps they can take to recognize their individual risk factors and ensure early detection of breast cancer, ensuring that such messaging is age-appropriate; ``(B) provide education, through written materials, identifying evidence based methods to lower the risk of breast cancer in young women through changes in lifestyle including diet, exercise, and environmental factors; ``(C) conduct other activities determined by the Secretary to promote educational awareness, early detection, and risk-reducing practices among young women and increase the number of young women with breast cancer warning signs who seek immediate care; ``(D) award grants, contracts, or cooperative agreements to appropriate State agencies to carry out secondary school and university education campaigns, focusing on breast cancer awareness among young women; ``(E) develop and distribute to young women, physicians, and other appropriate health care professionals, educational materials-- ``(i) designed for young women; ``(ii) relating to particular risk factors for breast cancer in women under the age of 40; ``(iii) identifying methods for increasing early detection, including clinical breast exams, blood component analysis, and where there is a increased risk of breast cancer due to ethnic background, genetic mutations, or other risk factors, other predictive tools such as genetic counseling and testing; ``(iv) identifying methods for increasing self awareness, including breast self exams, learning how to perform such exams, and knowing the signs of breast malignancies; ``(v) identifying evidenced based methods to lower the risk of breast cancer through changes in lifestyle, including diet, exercise, and environmental factors; ``(vi) identifying available treatment options for breast cancer; and ``(vii) for young women who have been diagnosed with breast cancer, health information from credible sources that provides information on-- ``(I) fertility preservation; ``(II) support, including social, emotional, psychosocial, financial, lifestyle, and caregiver support; ``(III) familial risk factors; and ``(IV) risk reduction strategies to reduce recurrence or metastasis; and ``(F) carry out a health education program targeted to specific higher-risk populations of young women based on race, ethnicity, level of acculturation, and family history, including the African-American and Ashkenazi Jewish populations under 40 years of age. ``(3) Media campaign.--In conducting the education campaign under paragraph (1), the Secretary shall award grants to entities to establish national multimedia campaigns oriented to young women that-- ``(A) will encourage young women to be aware of-- ``(i) their personal risk factors, including by talking to their medical practitioner about those risks; ``(ii) strategies for increasing early detection, including clinical breast exams, and where there is a increased risk of breast cancer due to ethnic background, genetic mutations, or other risk factors, other predictive tools such as genetic counseling and testing; ``(iii) strategies for increasing self awareness, including doing breast self exams, learning how to perform such exams, and knowing the signs of breast malignancies; ``(iv) evidence based preventative lifestyle changes, including eating healthily and maintaining a healthy weight; and ``(v) other breast cancer early detection and risk reduction strategies determined appropriate by the Secretary; ``(B) will encourage young women of specific higher-risk populations based on race, ethnicity, level of acculturation, and family history, including the African-American and Ashkenazi Jewish populations under 40 years of age to talk to their medical practitioners about those risks and methods for appropriate screening and surveillance, including available genetic testing and counseling; and ``(C) may include advertising through television, radio, print media, billboards, posters, all forms of existing and emerging social networking media, other Internet media, and any other media determined appropriate by the Secretary. ``(4) Advisory committee.--. ``(A) Establishment.--Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee to assist in creating and conducting the education campaign under paragraph (1). ``(B) Membership.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall appoint to the advisory committee under subparagraph (A) such members as deemed necessary to properly advise the Secretary, and shall include organizations and individuals with expertise in breast cancer prevention, diagnosis, genetic screening and counseling, treatment, and rehabilitation in young women. ``(b) Health Care Professional Education Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Health Resources and Services Administration, shall conduct an education campaign to increase awareness among physicians and other health care professionals-- ``(A) relating to the risk factors, risk reduction strategies, early diagnosis and treatment of breast cancer in young women; ``(B) on when to refer patients to a health care provider with genetics expertise; and ``(C) on how to provide counseling that addresses long-term survivorship and health concerns of young women diagnosed with breast cancer. ``(2) Materials.--The education campaign under paragraph (1) may include the distribution of print, video, and Web-based materials on assisting physicians and other health care professionals in-- ``(A) identifying generally the risk factors and early warning signs and symptoms of breast cancer specific to women under the age of 40 and the specific risk factors that would require increased monitoring; ``(B) counseling patients on the benefits of evidence based healthy lifestyles which reduce the risks of breast cancer; ``(C) counseling patients on the importance of consistent breast self exams to facilitate breast self awareness and teaching patients how to perform such exams; ``(D) understanding the importance of early diagnosis, including teaching young women the symptoms of breast cancer and early detection practices, including clinical breast exams, blood component analysis, genetic counseling and testing where appropriate, and other strategies determined to be appropriate by the Secretary; and ``(E) the unique long-term effects faced by young women with breast cancer that will need to be addressed over their lifetimes, including-- ``(i) re-entry into the workforce or school; ``(ii) infertility as a result of treatment; ``(iii) neuro-cognitive effects; ``(iv) important effects of cardiac, vascular, muscle, and skeletal complications; and ``(v) secondary malignancies. ``(c) Prevention Research Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct prevention research on breast cancer in younger women, including the following: ``(1) Behavioral and other research on the impact of breast cancer diagnosis on young women. ``(2) Formative research to assist with the development of educational messages and information for the public, targeted populations, and their families about breast cancer. ``(3) Surveys of physician and public knowledge, attitudes, and practices about breast cancer prevention and control in high-risk populations. ``(d) Support for Young Women Diagnosed With Breast Cancer.-- ``(1) In general.--The Secretary shall award grants to organizations and institutions to provide health information from credible sources and substantive assistance directed to young women diagnosed with breast cancer on-- ``(A) education and counseling regarding fertility preservation; ``(B) support, including social, emotional, psychosocial, financial, lifestyle, and caregiver support; ``(C) familial risk factors; and ``(D) risk reduction strategies to reduce recurrence or metastasis. ``(2) Priority.--In making grants under paragraph (1), the Secretary shall give priority to applicants that deal specifically with young women and breast cancer. ``(e) No Duplication of Effort.--In conducting an education campaign or other program under subsections (a), (b), (c), or (d), the Secretary shall avoid duplicating other existing Federal breast cancer education efforts. ``(f) Measurement; Reporting.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) measure young women's awareness regarding breast cancer, including knowledge of specific risk factors and early warning signs, and young women's proactive efforts at early detection, including seeking out information on risk-reducing lifestyle choices, the number or percentage of young women receiving regular clinical breast exams, the number or percentage of young women who perform breast self exams, and the frequency of such exams, before the implementation of this section; ``(2) establish quantitative benchmarks to measure the impact of activities under this section; ``(3) not less than every 3 years, measure the impact of such activities; and ``(4) submit reports to the Congress on the results of such measurements. ``(g) Definitions.--In this section-- ``(1) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands; and ``(2) the term `young women' means women 15 to 39 years of age. ``(h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $9,000,000 for each of the fiscal years 2010 through 2014.''.

Breast Cancer Education and Awareness Requires Learning Young Act of 2009 or EARLY Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct a national evidence-based education campaign: (1) to increase public awareness regarding the threats posed by breast cancer to young women, including the particular risks faced by certain ethnic and cultural groups; and (2) focusing on awareness of risk factors and achieving early detection through community-centered informational forums, public service advertisements, and media campaigns. Directs the Secretary to award grants to entities to establish national multimedia campaigns that: (1) will encourage young women to be aware of their personal risk factors, strategies for increasing early detection and self awareness, evidence based preventative lifestyle changes, and other appropriate breast cancer early detection and risk reduction strategies; (2) will encourage young women of specific higher-risk populations to talk to their medical practitioners about those risks and methods for appropriate screening and surveillance; and (3) may include advertising through specified media. Requires the Secretary, acting through the Director, to: (1) establish an advisory committee to assist in creating and conducting the public education campaign; (2) conduct an education campaign to increase awareness among health care professionals; and (3) conduct prevention research. Directs the Secretary to award grants to organizations and institutions to provide to young women diagnosed with breast cancer substantive assistance and health information from credible sources on: (1) education and counseling regarding fertility preservation; (2) social, emotional, psychosocial, financial, lifestyle, and caregiver support; (3) familial risk factors; and (4) risk reduction strategies to reduce recurrence or metastasis.

To amend the Public Health Service Act to increase awareness of the risks of breast cancer in young women and provide support for young women diagnosed with breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Every Vote Count Act''. SEC. 2. VOTING MODERNIZATION PROGRAM. (a) Grants Authorized.--The Federal Election Commission (referred to in this Act as the ``Commission'') is authorized to award matching grants to encourage States and local voting areas to modernize applicable voting systems used for voting and to enhance voter participation. (b) Use of Funds.-- (1) State.--Amounts received under this section by a State shall be-- (A) disbursed to eligible local voting areas in accordance with subsection (d) to replace applicable voting systems used in elections for Federal office in eligible local voting areas with advanced voting systems, such as electronic voting systems; and (B) from any amounts not disbursed under subparagraph (A) or amounts received from eligible local voting areas under paragraph (2), used-- (i) to enhance voter participation through activities such as improving registration of voters, expanding training of election officials, and upgrading other voting equipment; and (ii) to reimburse any costs incurred by the State as a result of the amendments made under section 3. (2) Eligible local voting area.--Amounts received under this section by an eligible local voting area shall be-- (A) used to replace applicable voting systems used in elections for Federal office in the voting area with an advanced voting system (as determined under paragraph (3)(B)), such as electronic voting systems; (B) in an amount not in excess of 33 percent of the amount received, used-- (i) to train election officials and educate voters in the use of advanced voting systems implemented under subparagraph (A); and (ii) to reimburse any costs incurred by the voting area as a result of the amendments made under section 3; (C) to the extent that all applicable voting systems in the voting area are replaced under subparagraph (A), for purposes described in subparagraph (B); and (D) to the extent any amount is not needed for a use under this paragraph, transferred to the State for use under paragraph (1)(B). (3) Replacement of systems.-- (A) In general.--Applicable voting systems replaced under paragraph (1) shall only be replaced with an advanced voting system, as determined under subparagraph (B), that significantly lowers error rates in voting procedures with the intent of eventually replacing all applicable voting systems in the State with a single advanced voting system. (B) Determination of system to be used.--Not later than 60 days after receiving a grant under this section, the chief election official of the State shall determine the single advanced voting system to be used to replace the applicable voting systems in the State under this subsection. (c) Requirement of Matching Funds.--A State that receives a grant under this section shall agree to expend State or local funds in an amount equal to 20 percent of the amount of the grant for any purpose for which the grant was awarded. (d) Disbursement of Funds.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Commission shall make grants to eligible States in accordance with this subsection. (2) Amount of grant awards.--For purposes of making grants under this subsection, the Commission shall allocate to each eligible State an amount that bears the same ratio to the total amount allocated under this section as-- (A) the number of applicable voting systems in use in the eligible State; bears to (B) the total number of such systems in use in all eligible States receiving grants under this section. (3) States.-- (A) Requirements.--Not later than 90 days after a grant is received under this subsection, the State election official shall-- (i) notify local election officials of the grant availability and the requirements of the grant; and (ii) expeditiously disburse such proceeds to eligible local voting areas for use under this section. (B) Formula.--The State election official shall disburse to each eligible local voting area an amount that bears the same ratio to the total amount the State receives under this section as-- (i) the total number of applicable voting systems in use in the eligible local voting area; bears to (ii) the total number of such systems in use in all local voting areas in the State. (4) Determination of number of applicable voting systems.-- (A) In general.--Except as provided in subparagraph (B), the number of applicable voting systems in a State or local voting area shall be determined in such manner as the Commission determines reasonable. (B) Paper ballot.--In the case of an applicable voting system that is a paper ballot, the number shall be an amount equal to the number of registered voters in the State or local voting area using the paper ballot, as applicable, divided by 200. (e) Opt-Out Provision.--An eligible State may opt to not receive any amount under this section if, not later than 30 days after the date of enactment of this Act, the State notifies the Commission that the State does not want to receive a grant under this section. (f) Definitions.--In this section: (1) Advanced voting system.--The term ``advanced voting system'' means a system that-- (A) does not allow for overvotes; (B) significantly reduces undervotes from voter error (such as by indicating any office on the ballot for which the voter has not cast a vote); (C) provides a record of a ballot cast; (D) significantly reduces recount error in comparison to the system being replaced; and (E) ensures accessibility to voters with disabilities. (2) Applicable voting system.--The term ``applicable voting system'' means-- (A) a lever machine; (B) a punchcard system; or (C) a paper ballot. (3) Eligible local voting area.--The term ``eligible local voting area'' means a local voting area that-- (A) uses an applicable voting system; and (B) not later than 30 days after the date the area receives notification of grant availability under subsection (d)(3)(A), notifies the State election official of the acceptance of the grant. (4) Eligible state.--The term ``eligible State'' means a State that has a local voting area that uses an applicable voting system. (5) Lever machine.--The term ``lever machine'' means a voting device that employs a lever to cast a vote for a candidate from a list of candidates posted on a ballot and records the vote by advancing a counting mechanism. (6) Local voting area.--The term ``local voting area'' means the unit of local government in a State for which a local agency is responsible for administering elections and the purchase and maintenance of voting equipment, such as a county. (7) Paper ballot.--The term ``paper ballot'' means a method of voting that employs a paper ballot-- (A) that is counted by hand; (B) containing all choices for the offices in the election; (C) on which the voter casts a vote by marking the ballot; and (D) the results of which are confidential. (8) Punchcard system.--The term ``punchcard system'' means a voting device, such as the Votomatic machine, that employs a stylus which punches through the ballot to record a vote. (g) Authorization of Appropriations.--There is authorized to be appropriated, and there is appropriated, $1,000,000,000 to carry out the provisions of this section. SEC. 3. MILITARY VOTING PROVISIONS. (a) Guarantee of Residency.--Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 590 et seq.) is amended by adding at the end the following: ``Sec. 704. (a) For purposes of voting for an office of the United States or of a State, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become resident in or a resident of any other State. ``(b) In this section, the term `State' includes a territory or possession of the United States, a political subdivision of a State, territory, or possession, and the District of Columbia.''. (b) State Responsibility to Guarantee Military Voting Rights.-- (1) Registration and balloting.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (A) by inserting ``(a) Elections for Federal Offices.--'' before ``Each State shall--''; and (B) by adding at the end the following: ``(b) Elections for State and Local Offices.--Each State shall-- ``(1) permit absent uniformed services voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for State and local offices; and ``(2) accept and process, with respect to any election described in paragraph (1), any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the election.''. (2) Conforming amendment.--The heading for title I of such Act is amended by striking ``FOR FEDERAL OFFICE''.

Make Every Vote Count Act - Authorizes the Federal Election Commission (FEC) to award matching grants to encourage States and local voting areas to modernize applicable voting systems and to enhance voter participation.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for purposes of voting for a Federal or State office, a person absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State.Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to: (1) permit absent uniformed services voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for State and local offices; and (2) accept and process, with respect to any such election, any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the election.

A bill to establish a grant program administered by the Federal Election Commission for the purpose of assisting States to upgrade voting systems to use more advanced and accurate voting devices and to enhance participation by military personnel in national elections.

short title Section 1. This Act may be cited as the ``Mowa Band of Choctaw Indians Recognition Act''. federal recognition Sec. 2. Federal recognition is hereby extended to the Mowa Band of Choctaw Indians of Alabama. All Federal laws of general application to Indians and Indian tribes shall apply with respect to the Mowa Band of Choctaw Indians of Alabama. restoration of rights Sec. 3. (a) All rights and privileges of the Mowa Band of Choctaw Indians which may have been abrogated or diminished before the date of enactment of this Act by reason of any provision of Federal law that terminated Federal recognition of the Mowa Band of Choctaw Indians of Alabama are hereby restored and such Federal law shall no longer apply with respect to the Band or the members of the Band. (b) Under the treaties entered into by the ancestors of the Mowa Band of Choctaws, all historical tribal lands were ceded to the United States. Congress does hereby approve and ratify such cession effective as of the date of the said cession and said cession shall be regarded as an extinguishment of all interest of the Mowa Band of Choctaws, if any, in said lands as of the date of the cession. By virtue of the approval and ratification of the cession of said lands, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Mowa Band of Choctaws, including but not limited to, claims for trespass damages or claims for use and occupancy, arising subsequent to the cession and that are based upon any interest in or right involving such land, shall be regarded as extinguished as of the date of the cession. (c) The Mowa Band of Choctaws has no historical land claim and cannot, and shall not utilize its Federal recognition as provided by this Act to assert any historical land claim. As used herein, ``historical land claim'' means a claim to land based upon a contention that the Mowa Band of Choctaws, or its ancestors, were the native inhabitants of such land or based upon the Mowa Band of Choctaws' status as native Americans or based upon the Mowa Band of Choctaws' Federal recognition as provided by this Act. (d) Except as otherwise specifically provided in section 4 or any other provision of this Act, nothing in this Act may be construed as altering or affecting-- (1) any rights or obligations with respect to property, (2) any rights or obligations under any contract, or (3) any obligation to pay a tax levied before the date of enactment of this Act. lands Sec. 4. (a) All legal rights, title, and interests in lands that are held by the Mowa Band of Choctaw Indians of Alabama on the date of enactment of this Act are hereby transferred to the United States in trust for the use and benefit of the Mowa Band of Choctaw Indians of Alabama. (b)(1) Notwithstanding any other provision of law, the Mowa Band of Choctaw Indians of Alabama shall transfer to the Secretary of the Interior, and the Secretary of the Interior shall accept on behalf of the United States, any interest in lands acquired by such Band after the date of enactment of this Act. Such lands shall be held by the United States in trust for the benefit of the Mowa Band of Choctaw Indians of Alabama. (2) Notwithstanding any other provision of law, the Attorney General of the United States shall approve any deed or other instrument used to make a conveyance under paragraph (1). (c) Any lands held in trust by the United States for the benefit of the Mowa Band of Choctaw Indians of Alabama by reason of this section shall constitute the reservation of such Band. (d) The Congress finds that the provisions of this section are enacted at the request of the Mowa Band of Choctaw Indians of Alabama and are in the best interests of such Band. services Sec. 5. The Mowa Band of Choctaw Indians of Alabama, and the members of such Band, shall be eligible for all services and benefits that are provided by the Federal Government to Indians because of their status as federally recognized Indians and, notwithstanding any other provision of law, such services and benefits shall be provided after the date of enactment of this Act to the Band, and to the members of the Band, without regard to the existence of a reservation for the Band or the location of the residence of any member of the Band on or near any Indian reservation. constitution and bylaws Sec. 6. (a) The Mowa Band of Choctaw Indians of Alabama may organize for its common welfare and adopt a constitution and bylaws in accordance with regulations prescribed by the Secretary of the Interior. The Secretary of the Interior shall offer to assist the Band in drafting a constitution and bylaws for the Band. (b) Any constitution, bylaws, or amendments to the constitution or bylaws that are adopted by the Mowa Band of Choctaw Indians of Alabama shall take effect only after such constitution, bylaws, or amendments are filed with the Secretary of the Interior. membership Sec. 7. (a) Until a constitution for the Mowa Band of Choctaw Indians of Alabama is adopted, the membership of the Band shall consist of every individual who-- (1) is named in the tribal membership roll that is in effect on the date of enactment of this Act, or (2) is a descendant of any individual described in paragraph (1). (b) After the adoption of a constitution by the Mowa Band of Choctaw Indians of Alabama, the membership of the Band shall be determined in accordance with the terms of such constitution or any bylaws adopted under such constitution. regulations Sec. 8. The Secretary of the Interior shall prescribe such regulations as may be necessary to carry out the purposes of this Act.

Mowa Band of Choctaw Indians Recognition Act - Extends Federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores Federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Extinguishes all specified claims against the United States, a State or local government, or any other person or entity, by the Band arising subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its Federal recognition to assert any historical land claim. Transfers all interests in lands held by the Band to the United States, to be held in trust for the benefit of the Band.

Mowa Band of Choctaw Indians Recognition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Anti-Semitism Act of 2010''. SEC. 2. REPORTS. Section 4 of the Global Anti-Semitism Review Act of 2004 (Public Law 108-332) is amended to read as follows: ``SEC. 4. REPORTS AND BRIEFS. ``(a) Reports.--Not later than one year after the date of the enactment of this Act and not later than December 31 of each even- numbered year thereafter, the Secretary of State shall submit to Congress a report on acts of anti-Semitism in countries around the world, including a description of-- ``(1) acts of anti-Semitic physical violence against, and anti-Semitic harassment of, Jewish people, and acts of anti- Semitic violence against, and anti-Semitic vandalism of, Jewish community institutions, such as schools, synagogues, or cemeteries, that occurred in each country, including a description of emerging issues and key trends; ``(2) anti-Semitic incitement and discourse, including instances of propaganda in government and nongovernment media, and including anti-Semitic incitement and discourse couched as expression against the State of Israel, that occur in each country, including a description of emerging issues and key trends; ``(3) the responses of the government of each country to the acts, incitement, and discourse referred to in paragraphs (1) and (2), including the willingness of leading government officials to publicly condemn such acts, incitement, and discourse; ``(4) the actions taken by the government of each country to enact, enforce, and prosecute laws relating to anti- Semitism, including the provision to law enforcement, prosecutorial, and other bodies of training and resources relating to monitoring and combating anti-Semitism; ``(5) government monitoring, collecting data on, and publicly reporting the acts, incitement, and discourse referred to in paragraphs (1) and (2), and fulfillment or non- fulfillment of governmental obligations or commitments to such monitoring, collecting, and reporting; and ``(6) the promotion by the government of each country of anti-bias and tolerance education directed specifically to countering anti-Semitism, including Holocaust education and commemoration. ``(b) Briefs.--Not later than year after the date of the enactment of this Act and not later than December 31 of each year thereafter, the Ambassador at Large for Monitoring and Combating Anti-Semitism shall brief Congress on United States policies to monitor and combat anti- Semitism in countries around the world, including a description of-- ``(1) United States advocacy within intergovernmental organizations of policies to address anti-Semitism in the member states of such organizations, including technical and other assistance, training, and cooperation offered, and United States diplomacy to counter anti-Semitism within intergovernmental organizations and forums that promote anti- Semitism or provide it with a platform; ``(2) United States advocacy in bilateral relations with countries around the world of policies to address anti- Semitism, including technical assistance and other assistance, training, and cooperation offered; ``(3) United States contributions to support specific initiatives to monitor and combat anti-Semitism in countries around the world; ``(4) United States outreach to Jewish communities in countries around the world, including Jewish communities in countries where such communities are endangered, vulnerable to, or subject to anti-Semitic violence, harassment, vandalism, incitement, or discourse; ``(5) United States advocacy to encourage countries around the world to implement commitments to monitor and combat anti- Semitism; ``(6) incorporation by the Department of State of monitoring and combating anti-Semitism into the Department's public diplomacy program, including the International Visitors Program; and ``(7) Department of State training on issues relating to monitoring and combating anti-Semitism, including training at the Foreign Service Institute, being provided to chiefs of mission, human rights officers, other Foreign Service officers, the staff of the Office to Monitor and Combat Anti-Semitism, the staff of the Office of International Religious Freedom, and other officers and staff of the Department of State and other departments and agencies as needed.''. SEC. 3. OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM. Section 59 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2731) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) in the heading, by striking ``Special Envoy'' and inserting ``Ambassador at Large''; and (ii) by striking ``Special Envoy'' and ```Special Envoy''' and inserting ``Ambassador at Large'' and ```Ambassador at Large''', respectively; and (B) by amending subparagraph (B) to read as follows: ``(B) Appointment of ambassador at large.--The President shall appoint the Ambassador at Large, by and with the advice and consent of the Senate.''; (2) in subsection (c), by striking ``Special Envoy'' each place it appears and inserting ``Ambassador at Large''; and (3) by adding at the end the following new subsection: ``(d) Funding.--The Secretary of State shall provide the Ambassador at Large with funds for the hiring of staff for the Office (which staff shall be distinct from the staff of the Office of International Religious Freedom or any other office or bureau of the Department of State) to assist the Ambassador at Large in carrying out the provisions of this section, including sufficient staff to coordinate and assist in the preparation of reports required under section 4(a) of the Global Anti-Semitism Review Act of 2004 (Public Law 108-332), for the conduct of investigations by the Office, and for any necessary travel.''. SEC. 4. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting ``the Ambassador at Large for Monitoring and Combating Anti-Semitism appointed under section 59 of the State Department Basic Authorities Act of 1956,'' before ``the Ambassador at Large for International Religious Freedom''; (B) by striking ``January 1, 1999'' and inserting ``January 1, 2012''; and (C) by inserting ``human rights officers, the staff of the Office to Monitor and Combat Anti-Semitism, other staff of the Office of International Religious Freedom, and other officers and staff of the Department of State and other Federal departments and agencies as needed'' after ``chiefs of mission,''; (2) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (3) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) instruction on anti-Semitism, including various aspects and manifestations of anti-Semitism, and on legal, law enforcement, and prosecutorial issues relevant to monitoring and combating anti-Semitism;''.

Combating Anti-Semitism Act of 2010 - Amends the Global Anti-Semitism Review Act of 2004 to revise substantive and periodic reporting provisions. Amends the State Department Basic Authorities Act of 1956 to provide that the Office to Monitor and Combat anti-Semitism shall be headed by the Ambassador at Large for Monitoring and Combating anti-Semitism. (The Office is currently headed by the Special Envoy for Monitoring and Combating anti-Semitism.) Amends the Foreign Service Act of 1980 to include in Foreign Service officer training after January 1, 2012, instruction on anti-Semitism and on legal and law enforcement issues relevant to monitoring and combating anti-Semitism.

To amend the Global Anti-Semitism Review Act of 2004 and the State Department Basic Authorities Act of 1956 to provide for additional reporting and briefing on anti-Semitism around the world and on Department of State actions to monitor and combat anti-Semitism, funding the Office to Monitor and Combat Anti-Semitism, training for Foreign Service Officers and other employees and staff of the Department of State, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009''. SEC. 2. SHORT TITLE. Section 1 of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 note; Public Law 102-259) is amended to read as follows: ``SEC. 1. SHORT TITLE. ``This Act may be cited as the `Morris K. Udall and Stewart L. Udall Foundation Act'.''. SEC. 3. FINDINGS. Section 3 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the Foundation-- ``(A) since 1995, has operated exceptional scholarship, internship, and fellowship programs for areas of study related to the environment and Native American tribal policy and health care; ``(B) since 1999, has provided valuable environmental conflict resolution services and leadership through the United States Institute for Environmental Conflict Resolution; and ``(C) is committed to continue making a substantial contribution toward public policy in the future by-- ``(i) playing a significant role in developing the next generation of environmental and Native American leaders; and ``(ii) working with current leaders to improve decisionmaking on-- ``(I) challenging environmental, energy, and related economic problems; and ``(II) tribal governance and economic issues; ``(6) Stewart L. Udall, as a member of Congress, Secretary of the Interior, environmental lawyer, and author, has provided distinguished national leadership in environmental and Native American policy for more than 50 years; ``(7) as Secretary of the Interior from 1961 to 1969, Stewart L. Udall oversaw the creation of 4 national parks, 6 national monuments, 8 national seashores and lakeshores, 9 recreation areas, 20 historic sites, and 56 wildlife refuges; and ``(8) it is fitting that the leadership and vision of Stewart L. Udall in the areas of environmental and Native American policy be jointly honored with that of Morris K. Udall through the foundation bearing the Udall name.''. SEC. 4. DEFINITIONS. Section 4 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended-- (1) in paragraph (1), by striking ``Morris K. Udall Scholarship and Excellence in National Environmental Policy''; (2) in paragraph (5), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in paragraph (9), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 5. ESTABLISHMENT OF FOUNDATION. Section 5 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5603) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''; and (3) in subsection (f)(2), by striking ``the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code'' and inserting ``a rate determined by the Board in accordance with section 5383 of title 5, United States Code''. SEC. 6. AUTHORITY OF FOUNDATION. Section 7 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605) is amended-- (1) in subsection (a)(5)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) to conduct training, research, and other activities under section 6(7).''; and (2) by striking subsection (b) and inserting the following: ``(b) Udall Scholars.--Recipients of scholarships, fellowships, and internships under this Act shall be known as `Udall Scholars', `Udall Fellows', and `Udall Interns', respectively.''. SEC. 7. ESTABLISHMENT OF TRUST FUND. Section 8 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5606) is amended-- (1) in the section heading, by striking ``scholarship and excellence in national environmental policy'' and inserting ``and stewart l. udall''; and (2) in subsection (a), by striking ``Scholarship and Excellence in National Environmental Policy'' and inserting ``and Stewart L. Udall''. SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. Section 9(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607(a)) is amended by inserting before the period at the end the following: ``, including a reasonable amount for official reception and representation expenses, as determined by the Board, not to exceed $5,000 for a fiscal year''. SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY. Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended by adding at the end the following: ``(f) Agency Management or Control.--Use of the Foundation or Institute to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).''. SEC. 10. ADMINISTRATIVE PROVISIONS. Section 12(a) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5608(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) appoint such personnel as may be necessary to carry out the provisions of this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and ``(B) fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code, except that up to 4 employees (in addition to the Executive Director under section 5(f)(2)) may be paid at a rate determined by the Board in accordance with section 5383 of that title.''; (2) in paragraph (6), by striking ``and'' at the end; (3) by redesignating paragraph (7) as paragraph (8); and (4) by inserting after paragraph (6) the following: ``(7) to rent office space in the District of Columbia or its environs; and''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609) is amended-- (1) in subsection (a), by striking ``is authorized to be appropriated to the Trust Fund $40,000,000'' and inserting ``are authorized to be appropriated to the Trust Fund such sums as are necessary''; and (2) by striking subsection (b) and inserting the following: ``(b) Environmental Dispute Resolution Fund.--There are authorized to be appropriated to the Environmental Dispute Resolution Fund established under section 10(a) such sums as are necessary for the operating costs of the Institute.''.

Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to rename: (1) the Act, the Morris K. Udall and Stewart L. Udall Foundation Act; (2) the Morris K Udall Scholarship and Excellence in National Environmental Policy Trust Fund, the Morris K Udall and Stewart L. Udall Trust Fund; (3) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation, the Morris K. Udall and Stewart L. Udall Foundation; and (4) Morris K. Udall Scholars, Udall Scholars. Requires the Executive Director of the Foundation to be paid at a senior executive rate. Directs the Foundation to award grants to the Udall Center for Studies in Public Policy, at the University of Arizona, to conduct training, research, and other activities with regard to the involvement of Native American and Alaska Native professionals in health care and public policy. Allows the use of reasonable amounts of the Trust Fund for official reception and representation expenses, not to exceed $5,000 for a fiscal year. Sets forth administrative provisions that allow the Foundation to: (1) appoint personnel without regard to federal law provisions governing appointments in the competitive service; (2) pay up to four employees, in addition to the Executive Director, at senior executive pay rates; and (3) rent office space in the District of Columbia or its environs. Authorizes such sums as may be necessary to: (1) the Trust Fund; and (2) the Environmental Dispute Resolution Fund, for the operating costs of the United States Institute for Environmental Conflict Resolution.

A bill to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor the legacy of Stewart L. Udall, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) On June 25, 1941, President Franklin D. Roosevelt issued Executive Order No. 8802 establishing the Fair Employment Practices Commission and opening the doors for the very first African- Americans to enlist in the United States Marine Corps. (2) The first Black Marine recruits were trained at Camp Montford Point, near the New River in Jacksonville, North Carolina. (3) On August 26, 1942, Howard P. Perry of Charlotte, North Carolina, was the first Black private to set foot on Montford Point. (4) During April 1943 the first African-American Marine Drill Instructors took over as the senior Drill Instructors of the eight platoons then in training; the 16th Platoon (Edgar R. Huff), 17th (Thomas Brokaw), 18th (Charles E. Allen), 19th (Gilbert H. Johnson), 20th (Arnold R. Bostic), 21st (Mortimer A. Cox), 22nd (Edgar R. Davis, Jr.), and 23rd (George A. Jackson). (5) Black Marines of the 8th Ammunition Company and the 36th Depot Company landed on the island of Iwo Jima on D-Day, February 19, 1945. (6) The largest number of Black Marines to serve in combat during World War II took part in the seizure of Okinawa in the Ryuku Islands with some 2,000 Black Marines seeing action during the campaign. (7) On November 10, 1945, the first African-American Marine, Frederick C. Branch, was commissioned as a second lieutenant at the Marine Corps Base in Quantico, Virginia. (8) Overall 19,168 Blacks served in the Marine Corps in World War II. (9) An enterprising group of men, including original Montford Pointer Master Sergeant Brooks E. Gray, planned a reunion of the Men of Montford Point, and on September 15, 1965, approximately 400 Montford Point Marines gathered at the Adelphi Hotel in Philadelphia, Pennsylvania, to lay the foundation for the Montford Point Marine Association Inc., 16 years after the closure of Montford Point as a training facility for Black recruits. (10) Organized as a non-military, nonprofit entity, the Montford Point Marine Association's main mission is to preserve the legacy of the first Black Marines. (11) Today the Montford Point Marine Association has 36 chapters throughout the United States. (12) Many of these first Black Marines stayed in the Marine Corps like Sergeant Major Edgar R. Huff. (13) Sergeant Major Huff was one of the very first recruits aboard Montford Point. (14) Sergeant Major Huff was also the first African-American Sergeant Major and the first African-American Marine to retire with 30 years of service which included combat in three major wars, World War II, the Korean War, and the Vietnam War. (15) During the Tet Offensive, Sergeant Major Huff was awarded the Bronze Star Medal with combat ``V'' for valor for saving the life of his radio operator. (16) Another original Montford Pointer who saw extensive combat action in both the Korean War and the Vietnam War was Sergeant Major Louis Roundtree. (17) Sergeant Major Roundtree was awarded the Silver Star Medal, four Bronze Star Medals, three Purple Hearts, and numerous other personal and unit awards for his service during these conflicts. (18) On April 19, 1974, Montford Point was renamed Camp Johnson after legendary Montford Pointer Sergeant Major Gilbert ``Hashmark'' Johnson. (19) The Montford Point Marine Association has several memorials in place to perpetuate the memory of the first African- American Marines and their accomplishments, including-- (A) the Montford Point Marine Association Edgar R. Huff Memorial Scholarship which is offered annually through the Marine Corps Scholarship Foundation; (B) the Montford Point Museum located aboard Camp Johnson (Montford Point) in Jacksonville, North Carolina; (C) the Brooks Elbert Gray, Jr. Consolidated Academic Instruction Facility named in honor of original Montford Pointer and the Montford Point Marine Corps Association founder Master Gunnery Sergeant Gray. This facility was dedicated on 15 April 2005 aboard Camp Johnson, North Carolina; and (D) during July of 1997 Branch Hall, a building within the Officers Candidate School in Quantico, Virginia, was named in honor of Captain Frederick Branch. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Montford Point Marines, collectively, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the 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. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (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 medals 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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the award of a single Congressional Gold Medal to collectively honor the Montford Point Marines, U.S. Marine Corps, in recognition of their dedicated service during World War II. (Camp Montford Point, North Carolina, was the site for the training of the first African-American Marines.) Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals. Authorizes appropriations.

To grant the congressional gold medal to the Montford Point Marines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reservists Education Improvement Act''. SEC. 2. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Entitlement.--Section 3311(b) of title 38, United States Code, is amended-- (1) in paragraph (6)(A), by striking ``12 months'' and inserting ``6 months''; (2) by striking paragraph (7); and (3) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively. (b) Amount of Educational Assistance.--Section 3313(c) of such title is amended by striking paragraph (7). (c) Conforming Amendments.--Sections 3311, 3313, 3316, 3322, and 3679 of such title are further amended-- (1) in section 3311(f), by striking ``paragraph (9)'' each place it appears and inserting ``paragraph (8)''; (2) in section 3313-- (A) in subsection (c)(1), by striking ``(9)'' and inserting ``(8)''; (B) in subsection (d), by striking ``paragraphs (2) through (7)'' each place it appears and inserting ``paragraphs (2) through (6)''; (C) in subsection (e)(2)(C)-- (i) by striking ``paragraphs (3) through (8)'' and inserting ``paragraphs (3) through (7)''; and (ii) by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (D) in subsection (f)(2)(A)(ii), by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (E) in subsection (g)(3)-- (i) in subparagraph (A)(iv)-- (I) by striking ``paragraphs (3) through (8)'' and inserting ``paragraphs (3) through (7)''; and (II) by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (ii) in subparagraph (B)(iii)-- (I) by striking ``paragraphs (3) through (8)'' and inserting ``paragraphs (3) through (7)''; and (II) by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (iii) in subparagraph (C)(ii)-- (I) in subclause (I), by striking ``(9)'' and inserting ``(8)''; and (II) in subclause (II)-- (aa) by striking ``paragraphs (3) through (8)'' and inserting ``paragraphs (3) through (7)''; and (bb) by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; and (iv) in subparagraph (D)(ii)-- (I) in subclause (I), by striking ``(9)'' and inserting ``(8)''; and (II) in subclause (II)-- (aa) by striking ``paragraphs (3) through (8)'' and inserting ``paragraphs (3) through (7)''; and (bb) by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; and (F) in subsection (h), by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (3) in section 3316-- (A) in subsection (a)(1), by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; and (B) in subsection (b)(1), by striking ``paragraphs (2) through (7)'' and inserting ``paragraphs (2) through (6)''; (4) in section 3322-- (A) in subsection (e), by striking ``3311(b)(9)'' and inserting ``3311(b)(8)''; (B) in subsection (f), by striking ``3311(b)(9)'' and inserting ``3311(b)(8)''; and (C) in subsection (h)(2), by striking ``3311(b)(9)'' and inserting ``3311(b)(8)''; and (5) in section 3679(c)(2)(B), by striking ``3311(b)(9)'' and inserting ``3311(b)(8)''.

Guard and Reservists Education Improvement Act This bill revises eligibility for, and the amounts of, Department of Veterans Affairs post-9/11 educational assistance based on a service member's active duty service, excluding training. Full benefits are available for service members who serve 36 months on active duty, and tiered lesser amounts are available for service members who serve for shorter periods. The bill consolidates certain of these tiers and increases the amount of assistance for individuals who serve on active duty for: (1) at least 6 months but less than 18 months, and (2) at least 90 days but less than 6 months.

Guard and Reservists Education Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty Relief for American Consumers Act of 2010''. SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has-- (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (c) Use of Amounts for Deficit Reduction.--Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010.

Royalty Relief for American Consumers Act of 2010 - Prohibits the Secretary of the Interior from issuing a new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (OCSLA) to certain lessees or persons unless such lessee or person has renegotiated each covered lease to require the payment of royalties if the price of oil and natural gas is greater than or equal to specified OCSLA price thresholds. Directs the Secretary to agree to a request by a lessee to amend any lease issued for any Central and Western Gulf of Mexico tract between January 1, 1996, and November 30, 2000, to incorporate price thresholds applicable to royalty suspension provisions that are equal to or less than specified OCSLA price thresholds. Requires: (1) an amended lease to impose the new or revised price thresholds effective October 1, 2010; and (2) existing lease provisions to prevail through September 30, 2010. States that a lessee or any other person who has any interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under OCSLA unless the lessee or other person has: (1) renegotiated each covered lease to include price thresholds that are equal to or less than specified OCSLA price thresholds; or (2) entered into an agreement with the Secretary to modify the terms of all covered leases to include limitations on royalty relief based on market prices that are equal to or less than such price thresholds.

A bill to provide royalty relief, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Advancement and Enhancement (SAVE) Act of 1998''. SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $250 ($500 in the case of a joint return). ``(2) Limitation based on taxable income.--No exclusion from gross income shall be allowed under this section for an individual for a taxable year if the individual has any amount of taxable income taxed at the rate of 39.6 percent for the taxable year. ``(3) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Interest.--For purposes of this section, the term `interest' means-- ``(1) interest on deposits with a bank (as defined in section 581), ``(2) amounts (whether or not designated as interest) paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(A) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(B) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, ``(3) interest on-- ``(A) evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a domestic corporation in registered form, and ``(B) to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, ``(4) interest on obligations of the United States, a State, or a political subdivision of a State (not excluded from gross income of the taxpayer under any other provision of law), and ``(5) interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. ``(d) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).''. (b) Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (4) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (5) Section 854 of such Code is amended by adding at the end the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the sum of the aggregate dividends and the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, there shall be taken into account under section 116 only the portion of such dividend which bears the same ratio to the amount of such dividend as the sum of the aggregate dividends received and aggregate interest received bears to gross income. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) Gross income.--The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) Aggregate dividends.--The term `aggregate dividends' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(d)(1) (relating to certain distributions) shall apply. ``(C) Interest.--The term `interest' has the meaning given such term by section 116(c).''. (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--For purposes of section 116, in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Interest.--The term `interest' has the meaning given such term by section 116(c). ``(5) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $250 ($500 for joint filers) of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts; and (2) nonresident aliens.

Savings Advancement and Enhancement (SAVE) Act of 1998

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Farm Safety Net Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent availability of marketing assistance loans. Sec. 3. Establishment of minimum loan rates for marketing assistance loans. Sec. 4. Increase in duration of marketing assistance loans. Sec. 5. Limitations on marketing loan gains and loan deficiency payments. SEC. 2. PERMANENT AVAILABILITY OF MARKETING ASSISTANCE LOANS. Section 131(a) of the Agriculture Market Transition Act (7 U.S.C. 7231(a)) is amended by striking ``through 2002'' and inserting ``and subsequent''. SEC. 3. ESTABLISHMENT OF MINIMUM LOAN RATES FOR MARKETING ASSISTANCE LOANS. (a) Wheat.--Subsection (a) of section 132 of the Agriculture Market Transition Act (7 U.S.C. 7232) is amended-- (1) in paragraph (1)(B), by striking ``not more than $2.58 per bushel'' and inserting ``not less than $3.40 per bushel for each of the 2000 and subsequent crop years''; and (2) in paragraph (2), by striking ``If the Secretary'' and inserting ``Subject to the minimum loan rate specified in paragraph (1)(B), if the Secretary''. (b) Corn.--Subsection (b) of such section is amended-- (1) in paragraph (1)(B), by striking ``not more than $1.89 per bushel'' and inserting ``not less than $2.43 per bushel for each of the 2000 and subsequent crop years''; and (2) in paragraph (2), by striking ``If the Secretary'' and inserting ``Subject to the minimum loan rate specified in paragraph (1)(B), if the Secretary''. (c) Grain Sorghum and Oats.--Subsection (b)(3) of such section is amended by adding at the end the following: ``Notwithstanding the preceding sentence, the loan rate for a marketing assistance loan under section 131 for each of the 2000 and subsequent crop years shall be not less than-- ``(A) $2.24 per bushel for grain sorghum; and ``(B) $1.46 per bushel for oats.''. (d) Barley.--Subsection (b) of such section is amended-- (1) in paragraph (3), by striking ``, barley,''; and (2) by adding at the end the following new paragraph: ``(4) Barley.--For each of the 2000 and subsequent crop years, the loan rate for a marketing assistance loan under section 131 for barley shall be-- ``(A) not less than 85 percent of the simple average price received by producers of malting or feed barley, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of barley, excluding the year in which the all barley average price was the highest and the year in which the all barley average price was the lowest in the period; but ``(B) not less than $2.43 per bushel.''. (e) Upland Cotton.--Subsection (c)(2) of such section is amended by striking ``$0.50 per pound or more than $0.5192 per pound'' and inserting ``$0.61 per pound for each of the 2000 and subsequent crop years''. (f) Extra Long Staple Cotton.--Subsection (d)(2) of such section is amended by striking ``not more than $0.7965 per pound'' and inserting ``not less than $0.887 per pound for each of the 2000 and subsequent crop years. (g) Rice.--Subsection (e) of such section is amended by striking ``$6.50 per hundredweight'' and inserting ``$8.25 per hundredweight for each of the 2000 and subsequent crop years''. (h) Soybeans.--Subsection (f)(1)(B) of such section is amended by striking ``$4.92 or more than $5.26 per bushel'' and inserting ``$5.50 per bushel for each of the 2000 and subsequent crop years''. (i) Other Oil Seeds.--Subsection (f)(2)(B) of such section is amended by striking ``$0.087 or more than $0.093 per pound'' and inserting ``$0.0972 per pound for each of the 2000 and subsequent crop years''. SEC. 4. INCREASE IN DURATION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agriculture Market Transition Act (7 U.S.C. 7233) is amended to read as follows: ``SEC. 133. TERM OF LOANS. ``(a) Term of Loan.--In the case of each loan commodity, a marketing assistance loan under section 131 shall have a term of 20 months beginning on the first day of the first month after the month in which the loan is made. ``(b) Extensions Authorized.--The Secretary may extend the term of a marketing assistance loan for any loan commodity.''. SEC. 5. LIMITATIONS ON MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS. (a) Establishment of New Limitations.--Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) is amended-- (1) by inserting ``(A)'' before ``The total amount''; (2) by striking ``$75,000'' and inserting ``$100,000''; and (3) by adding at the end the following new subparagraphs: ``(B) In addition to the limitation in subparagraph (A), if the value of all contract commodities and oilseeds for which a person obtains nonrecourse marketing loans under the Agricultural Market Transition Act during any crop year, plus the value of nonrecourse marketing loans forgone by the person in return for loan deficiency payments during that crop year, is more than $400,000, but less than or equal to $600,000, the Secretary shall reduce-- ``(i) the amount of any payments specified in paragraph (3) corresponding to the value in excess of $400,000, but less than or equal to $500,000, by 10 percent; and ``(ii) the amount of any payments specified in paragraph (3) corresponding to the value in excess of $500,000, but less than or equal to $600,000, by 20 percent. ``(C) Subject to subparagraph (A), the total value of all contract commodities and oilseeds for which a person may obtain nonrecourse marketing loans under the Agricultural Market Transition Act during any crop year or forgo such loans in return for loan deficiency payments during that crop year, or both, may not exceed $600,000. ``(D) In this paragraph, the term `value' means the total amount obtained by multiplying-- ``(i) the quantity of each contract commodity and oilseed for which a person obtains a nonrecourse marketing loan or forgoes such a loan in return for loan deficiency payments; by ``(ii) the loan rate applicable to the commodity under section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232).''. (b) Availability of Recourse Loans for Additional Production.-- Section 137 of the Agricultural Market Transition Act (7 U.S.C. 7237) is amended by adding at the end the following new subsection: ``(e) Recourse Loans for Loan Commodities.--The Secretary shall make available recourse loans, as determined by the Secretary, to a producer of loan commodities who is prevented by section 1001(2) of the Food Security Act of 1985 from obtaining nonrecourse marketing loans under this subtitle during any crop year or forgoing nonrecourse marketing loans in return for loan deficiency payments.''.

Increases program loan rates for wheat, corn, upland cotton. extra long staple cotton, rice, soybeans, and other oil seeds. Establishes individual loan rates for grain sorghum, oats, and barley. Increases loan duration to 20 months, and authorizes extensions. Provides recourse loans to producers otherwise prevented by the Food Security Act of 1985 from obtaining nonrecourse marketing loans. Amends the Food Security Act of 1985 to increase the limit on marketing loan gains and loan deficiency payments. Establishes additional limitations.

Family Farm Safety Net Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Cheyenne Land Consolidation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1877, the United States forcibly relocated members of the Northern Cheyenne Tribe from the Montana Territory to Oklahoma; (2) soon thereafter, in the face of great hardship and suffering significant loss of life, the Tribe walked back to the Montana Territory to reclaim the ancestral homeland of the Tribe; (3) in 1884, President Arthur established a 371,200-acre reservation for the Tribe extending eastward from the eastern boundary of the Crow Indian Reservation to approximately 12 miles east of Rosebud Creek in Montana; (4) the Tongue River Indian Reservation, as the reservation was known as at the time of establishment, included within the boundaries of the Reservation-- (A) tracts occupied legally and illegally by non- Indian settlers; and (B) tracts (including the subsurface rights) owned by the Northern Pacific Railway; (5) in addition to the Northern Cheyenne individuals living on the Tongue River Indian Reservation, Northern Cheyenne families, with encouragement and assistance from the United States military, settled on land to the east of the Reservation and on both sides of the Tongue River; (6) in 1898, at the direction of Congress, the Secretary of the Interior dispatched Indian Inspector James McLaughlin to southeastern Montana to report on opportunities for reducing hostilities between the Northern Cheyenne and non-Indian settlers; (7) in 1900, in accordance with the recommendations of McLaughlin-- (A) President McKinley expanded the Tongue River Indian Reservation from the Crow Indian Reservation on the west to the middle of the Tongue River on the east; and (B) Congress appropriated funds-- (i) to purchase settler land and claims and the Northern Pacific Railway land within the expanded Reservation; and (ii) to relocate to the expanded reservation 46 Northern Cheyenne families who had settled on land to the east of the Tongue River; (8) however, when McLaughlin negotiated to purchase the tracts held by the Northern Pacific Railway within the expanded Northern Cheyenne Reservation, McLaughlin neglected to purchase the subsurface rights of the Railway in 8 sections totaling approximately 5,000 acres; (9) the subsurface rights described in paragraph (8)-- (A) are currently owned by Great Northern Properties; and (B) constitute the only subsurface within the Reservation not owned by the Tribe; (10) the Tribe asserts that the Tribe retains claims against the United States arising from the continuing failure of the United States to acquire the subsurface rights described in paragraph (8) as directed by Congress; (11) in 2002, the Tribe brought suit against the Secretary, asserting that the proposed conveyances of the extensive Federal coal tracts to the State under the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1543) would violate-- (A) the Federal trust responsibility to the Tribe; and (B) several Federal laws; (12) although the Northern Cheyenne tribal community chronically suffers harsh economic conditions and severe deficits in public services and facilities, the community does not share in any significant portion of the public revenues generated by surrounding energy development; (13) subsequently, the Tribe withdrew the 2002 suit against the United States, with prejudice, based in large part on commitments that legislation substantially in the form of this Act (and further legislation providing funding to the Tribe to address the impacts of coal development in areas adjoining the Reservation) would be introduced and pursued with support from the State, Great Northern Properties, and others; and (14) if the conveyances of mineral rights authorized by this Act are carried out, the Tribe will waive all legal claims against the United States arising from the longstanding and continuing loss to the Tribe of the Reservation mineral rights owned by Great Northern Properties. SEC. 3. DEFINITIONS. In this Act: (1) Cheyenne tracts.--The term ``Cheyenne tracts'' means the aggregate tract of land that-- (A) is located in the eastern portion of the State within the boundaries of the Reservation; (B) comprises approximately 5,000 acres; (C) is generally depicted on the map entitled ``Cheyenne Coal Land Conveyance'' and dated April 7, 2010; and (D) is comprised of land located in-- (i) T. 2 S., R. 44 E., sec. 17; (ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; (iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and S\1/2\N\1/2\, Lots 1-4; (iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and E\1/2\W\1/2\, Lots 1-4; (v) T. 3 S., R. 44 E., sec. 9, N\1/2\, SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4; (vi) T. 3 S., R. 44 E., sec. 17; (vii) T. 3 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; and (viii) T. 3 S., R. 44 E., sec. 21, N\1/2\, SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2. (2) Federal tracts.--The term ``Federal tracts'' means the tracts of land that-- (A) are located in the State; (B) are located outside of the boundaries of the Reservation; (C) consist of approximately 4,500 acres; (D) are generally depicted on the map entitled ``Federal Coal Land Conveyance'' and dated November 30, 2011; and (E) are comprised of land located in the following 2 areas: (i) The area commonly known as ``Bridge Creek'', which is comprised of land located in-- (I) T. 3 S., R. 44 E., sec. 26, S\1/2\; (II) T. 3 S., R. 44 E., sec. 34; (III) T. 3 S., R. 45 E., sec. 30, E\1/2\SW\1/4\ and SE\1/4\, Lots 3-4; and (IV) T. 4 S., R. 44 E., sec. 2, SE\1/4\NW\1/4\ , SW\1/4\NE\1/4\, Lots 2-4. (ii) The area commonly known as the ``Bull Mountains'', which is comprised of land located in-- (I) T. 6 N., R. 27 E., sec. 4, S\1/ 2\N\1/2\ and S\1/2\, Lots 1-4; (II) T. 6 N., R. 27 E., sec. 8; (III) T. 6 N., R. 27 E., sec. 10; (IV) T. 6 N., R. 27 E., sec. 14; and (V) T. 6 N., R. 27 E., sec. 22, S\1/2\NW\1/4.\ (3) Great northern properties.--The term ``Great Northern Properties'' means-- (A) the Great Northern Properties Limited Partnership, which is a Delaware limited partnership; and (B) any successor to the ownership interest of Great Northern Properties in any coal or iron that underlies the Cheyenne tracts. (4) Reservation.--The term ``Reservation'' means the Northern Cheyenne Reservation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Signal peak energy.--The term ``Signal Peak Energy'' means Signal Peak Energy, LLC, a Delaware limited liability company. (7) State.--The term ``State'' means the State of Montana. (8) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 4. MINERAL RIGHTS CONVEYANCES. (a) In General.--Not later than 60 days after the date on which the Secretary receives all notifications described in subsection (b), the following shall be completed in a single transaction: (1) Great Northern Properties shall convey to the Tribe all mineral interests of Great Northern Properties underlying the Cheyenne tracts. (2) The Secretary shall terminate any existing Federal lease to Signal Peak Energy for the coal underlying the Federal tracts described in section 3(2)(E)(ii). (3) The Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal underlying the Federal tracts. (b) Notifications.--As a condition of the conveyances authorized under subsection (a)-- (1) Great Northern Properties and the Tribe shall provide joint written notification to the Secretary that Great Northern Properties and the Tribe have agreed on a revenue sharing formula for all coal produced from the Federal tracts; and (2) Great Northern Properties and Signal Peak Energy shall provide joint written notification to the Secretary that Great Northern Properties and Signal Peak Energy have agreed on terms and conditions for the lease of coal in the Federal tracts described in section 3(2)(E)(ii). (c) Bonus Payments.--All bonus payments required in a Federal lease sale for coal underlying the Federal tracts described in section 3(2)(E)(ii) shall be retained by the United States and distributed in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.), regardless of the termination of the lease under subsection (a)(2). (d) Immunities.--The mineral interests underlying the Cheyenne tracts conveyed to the Tribe under subsection (a) shall not be subject to taxation by the State (including any political subdivision of the State). (e) Waiver of Legal Claims.--In return for the mineral conveyances and termination of Federal leases under subsection (a)-- (1) the Tribe shall waive each claim relating to the failure of the United States to acquire in trust for the Tribe as part of the Reservation the private mineral interests underlying the Cheyenne tracts; (2) Great Northern Properties shall waive any claim against the United States relating to the value or completion of the conveyances under this section; and (3) Signal Peak Energy shall waive any claim against the United States relating to the terms or termination of the lease of coal in the Federal tracts described in section 3(2)(E)(ii). (f) Rescission of Mineral Conveyances.--If any portion of the mineral conveyances under subsection (a) is invalidated by a Federal district court, and the judgment of the Federal district court is not vacated or reversed on appeal-- (1) not later than 1 year after the date on which there is a final judgment, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under subsection (a); and (2) if the Secretary or Great Northern Properties carries out the rescission under paragraph (1), the waiver of the Tribe under subsection (e) shall be considered to be rescinded. (g) Prohibition of Strip Mining in the Bull Mountains Federal Tracts.--On completion of the mineral conveyances authorized by subsection (a), the coal underlying the Bull Mountains Federal tracts described in section 3(2)(E)(ii) shall not be strip mined. SEC. 5. SYSTEMATIC SUBSIDENCE EVALUATION REPORT. (a) In General.--After the completion of the mineral conveyances authorized under section 4(a), but not later than December 31, 2013, and every 2 years thereafter, Signal Peak Energy shall, as a condition of the conveyances, prepare a report on the effects of subsidence in the Federal tracts described in section 3(2)(E)(ii). (b) Requirements.--The report prepared under subsection (a) shall, with respect to the tracts described in subsection (a)-- (1) summarize subsidence monitoring data required by the State pursuant to the regulatory program that implements an approved cooperative agreement, as described in section 740.4 of title 30, Code of Federal Regulations (or successor regulations); (2) describe the occurrence and severity of cracking, fissure development, rock toppling, erosion, slope failure, sloughing, and landslide risks; (3) describe the potential for subsidence-related surface hazards for humans, livestock, and wildlife; and (4) evaluate the accuracy of the predictive subsidence model applied pursuant to the State regulatory program that implements an approved cooperative agreement, as described in section 740.4 of title 30, Code of Federal Regulations (or successor regulations). (c) Public Availability.--Signal Peak Energy shall submit to, and make available for public inspection at, the Montana Department of Environmental Quality the reports prepared under subsection (a). SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. No sums or other benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Northern Cheyenne Land Consolidation Act - Directs the Secretary of the Interior, if Great Northern Properties conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States to the coal underlying specified federal tracts in Montana outside the Tribe's reservation. Requires the Secretary to terminate any existing federal lease to Signal Peak Energy for the coal underlying the Bull Mountains portion of those federal tracts. Conditions these conveyances on: (1) Great Northern Properties and the Tribe agreeing on a revenue sharing formula for all coal produced from the federal tracts, and (2) Great Northern Properties and Signal Peak Energy agreeing on a lease for the coal underlying the Bull Mountains portion of the federal tracts. Requires the Northern Cheyenne Tribe to waive each legal claim relating to the failure of the United States to acquire in trust for the Tribe the private mineral interests underlying the Cheyenne tracts as part of the Tribe's reservation. Prohibits the strip mining of the coal under the Bull Mountains portion of the federal tracts on the completion of this Act's mineral conveyances. Require Signal Peak Energy, as a condition of the conveyances, to report on the effects of subsidence in the Bull Mountains portion of the federal tracts.

A bill to settle claims of the Northern Cheyenne Tribe by authorizing the Secretary of the Interior to convey mineral rights in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of United States Troops From Foreign Prosecution Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1)(A) A treaty is a contract between sovereign nations and, like a private contract, cannot force a nation to be subject to its terms if that nation has not agreed to be bound by its terms. (B) The treaty known as the Rome Statute of the International Criminal Court, adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (hereinafter referred to as the ``ICC Treaty''), by claiming the unprecedented power to investigate and try citizens of any nation--even the citizens of nations that are not party to the treaty--based upon events taking place in the territory of a nation party to the treaty, is entirely unsupported in international law. (2)(A) Under the terms of the ICC Treaty, an institution, to be called the International Criminal Court (hereinafter referred to as the ``Court''), is to be established upon the ratification of the ICC Treaty by 60 nations. (B) The creation of this permanent, supranational Court, with the independent power to judge and punish elected officials of sovereign nations for their official actions, represents a decisive break with fundamental United States ideals of self-government and popular sovereignty. (C) The creation of the Court would constitute the transfer of the ultimate authority to judge the acts of United States officials away from the people of the United States to an unelected and unaccountable international bureaucracy. (3)(A) In its design and operation, the Court is fundamentally inconsistent with core United States political and legal values. (B) For example, a defendant would face a judicial process almost entirely foreign to the traditions and standards of the United States and be denied the right to a trial by a jury of one's peers, reasonable bail, a speedy trial, and the ability to confront witnesses to challenge the evidence against the defendant. (4)(A) A prosecutor under the ICC Treaty would be able to appeal a verdict of acquittal, effectively placing the accused in ``double jeopardy''. (B) Such appeals are forbidden in the law of the United States and have been inconsistent with the Anglo-American legal tradition since the 17th century. (5) Because the guarantees of the Bill of Rights in the United States Constitution would not be available to those individuals prosecuted by the Court, the United States could not participate in, or facilitate, any such court. (6)(A) If the United States were to join the ICC Treaty, United States citizens could face removal to jurisdictions outside the United States for prosecution and judgment, without the benefit of a trial by jury, in a tribunal that would not guarantee many other rights granted by the United States Constitution and laws of the United States, and where the judges may well cherish animosities, or prejudices against them. (B) These are among the very offenses of the King and Parliament listed in the Declaration of Independence that required separation from England, revolution, and war. (7) The Court would be able to prosecute any individual United States citizen, including the President, military and civilian officers and officials, enlisted personnel, and even ordinary citizens who were involved in any action the Court determined to be within its jurisdiction. SEC. 3. PROHIBITION ON IMPLEMENTATION OF ICC TREATY. Notwithstanding any other provision of law, no Federal department or agency shall-- (1) take any action that has the effect of observing or implementing the provisions of the ICC Treaty; or (2)(A) provide funding or other support for the International Criminal Court; or (B) transfer any person to the custody of the International Criminal Court. SEC. 4. PROHIBITION ON FOREIGN ECONOMIC ASSISTANCE FOR COUNTRIES THAT RATIFY ICC TREATY. (a) Sense of the Congress.--It is the sense of the Congress that the President should inform both allies and adversaries of the United States that ratification of the ICC Treaty, in view of jurisdictional claims provisions in the Treaty that violate international law, will be considered an unfriendly act directed at the United States, and that ratification by any foreign country will adversely affect bilateral relations between the United States and that country. (b) Prohibition on Economic Assistance.--Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following: ``SEC. 620K. PROHIBITION ON ECONOMIC ASSISTANCE FOR COUNTRIES THAT RATIFY ICC TREATY. ``(a) Prohibition.--Notwithstanding any other provision of law, United States economic assistance may not be provided, directly or indirectly, to a foreign country that ratifies the ICC Treaty. ``(b) Definitions.--In this section: ``(1) ICC treaty.--The term `ICC Treaty' means the Treaty known as the Rome Statute of the International Criminal Court adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court. ``(2) United states economic assistance.--The term `United States economic assistance' means any assistance under part I of this Act and any assistance under chapter 4 of part II of this Act, except that such term does not include humanitarian assistance.''. SEC. 5. SENSE OF THE CONGRESS RELATING TO REFERRAL BY UNITED NATIONS TO ICC. It is the sense of Congress that the President should instruct the United States representative to the United Nations to veto any attempt by the United Nations Security Council to refer a matter to the International Criminal Court for investigation. SEC. 6. DEFINITIONS. As used in this Act: (1) ICC treaty.--The term ``ICC Treaty'' means the Treaty known as the Rome Statute of the International Criminal Court adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court. (2) International criminal court.--The term ``International Criminal Court'' means the institution, known as the International Criminal Court, established upon the ratification of the ICC Treaty by 60 nations.

Expresses the sense of Congress that the President should inform both allies and adversaries of the United States that ratification of the ICC Treaty will be considered an unfriendly act directed at the United States, and will adversely affect bilateral relations between the United States and that country. Amends the Foreign Relations Act of 1961 to prohibit U.S. economic assistance to any country that ratifies the ICC Treaty. Expresses the sense of Congress that the President should instruct the U.S. representative to the United Nations (UN) to veto any attempt by the UN Security Council to refer a matter to the Court for investigation.

Protection of United States Troops From Foreign Prosecution Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011''. SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES. (a) Establishment.--The President shall establish a committee to be known as the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States (in this Act referred to as the ``Committee'') to analyze and report on the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, 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 Agriculture, acting through the Chief Economist. (2) The Secretary of Commerce, acting through the Under Secretary for International Trade. (3) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics. (4) The Secretary of Energy, acting through the Administrator of the Energy Information Administration. (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury. (6) The Administrator of the Environmental Protection Agency. (7) The Chairman of the Council of Economic Advisors. (8) The Chairman of the Federal Energy Regulatory Commission. (9) The Administrator of the Office of Information and Regulatory Affairs. (10) The Chief Counsel for Advocacy of the Small Business Administration. (11) The Chairman of the United States International Trade Commission, acting through the Office of Economics. (c) Chair.--The Secretary of Commerce shall serve as Chair of the Committee. In carrying out the functions of the Chair, the Secretary of Commerce shall consult with the members serving on the Committee pursuant to paragraphs (5) and (11) of subsection (b). (d) Consultation.--In conducting analyses under section 3 and preparing reports under section 4, the Committee shall consult with, and consider pertinent reports issued by, the Electric Reliability Organization certified under section 215(c) of the Federal Power Act (16 U.S.C. 824o(c)). (e) Termination.--The Committee shall terminate 90 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, 2020, and 2030, of the following: (1) The cumulative impact of covered rules that are promulgated as final regulations on or before January 1, 2012, in combination with covered actions. (2) The cumulative impact of all covered rules (including covered rules that have not been promulgated as final regulations on or before January 1, 2012), in combination with covered actions. (3) The incremental impact of each covered rule not promulgated as a final regulation on or before January 1, 2012, relative to an analytic baseline representing the results of the analysis conducted under paragraph (1). (b) Contents.--The Committee shall include in each analysis conducted under this section the following: (1) Estimates of the impacts of the covered rules and covered actions with regard to-- (A) the global economic competitiveness of the United States, particularly with respect to energy intensive and trade sensitive industries; (B) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; (C) any resulting change in national, State, and regional electricity prices; (D) any resulting change in national, State, and regional fuel prices; (E) the impact on national, State, and regional employment during the 5-year period beginning on the date of enactment of this Act, and also in the long term, including secondary impacts associated with increased energy prices and facility closures; and (F) the reliability and adequacy of bulk power supply in the United States. (2) Discussion of key uncertainties and assumptions associated with each estimate. (3) A sensitivity analysis. (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) local and industry-specific labor markets; and (F) agriculture, as well as key uncertainties associated with each topic. (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 shall use the best available data, including the most recent data representing air and water quality, facility emissions and discharges, and installed controls. (e) Covered Rules.--In this section, the term ``covered rule'' means the following: (1) The following published rules (including any successor or substantially similar rule): (A) ``Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone'', published at 75 Fed. Reg. 45210 (August 2, 2010). (B) ``National Ambient Air Quality Standards for Ozone'', published at 75 Fed. Reg. 2938 (January 19, 2010). (C) ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters'', published at 76 Fed. Reg. 15608 (March 21, 2011). (D) ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 21, 2011). (E) ``National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial- Commercial-Institutional, and Small Industrial- Commercial-Institutional Steam Generating Units'', signed by Administrator Lisa P. Jackson on March 16, 2011. (F) ``Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities'', published at 75 Fed. Reg. 35127 (June 21, 2010). (G) ``Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category'', published at 74 Fed. Reg. 62995 (December 1, 2009). (H) ``National Pollutant Discharge Elimination System--Proposed Regulations to Establish Requirements for Cooling Water Intake Structures at Existing Facilities and Amend Requirements at Phase I Facilities'', signed by Administrator Lisa P. Jackson on March 28, 2011. (I) ``Primary National Ambient Air Quality Standard for Sulfur Dioxide'', published at 75 Fed. Reg. 35520 (June 22, 2010). (J) ``Primary National Ambient Air Quality Standards for Nitrogen Dioxide'', published at 75 Fed. Reg. 6474 (February 9, 2010). (2) The following additional rules or guidelines promulgated on or after January 1, 2009: (A) Any rule or guideline promulgated under sections 111(b) or 111(d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d)) to address climate change. (B) Any rule or guideline promulgated by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency under or as the result of section 169A or 169B of the Clean Air Act (42 U.S.C. 7491, 7492). (C) Any rule establishing or modifying a national ambient air quality standard 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 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.), if such application occurs with respect to an air pollutant that is identified as a greenhouse gas in ``Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act'', published at 74 Fed. Reg. 66496 (December 15, 2009). SEC. 4. REPORTS; PUBLIC COMMENT. (a) Preliminary Report.--Not later than January 31, 2012, 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 90 days after such submission. (c) Final Report.--Not later than August 1, 2012, 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. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act a total of $2,000,000 for fiscal years 2012 and 2013.

Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 - Requires the President to establish the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of covered rules and actions of the Environmental Protection Agency (EPA) concerning air, waste, water, and climate change for each of calendar years 2016, 2020, and 2030. Requires such analysis to include: (1) estimates of the impacts of covered rules promulgated as final regulations on or before January 1, 2012, in combination with covered actions on U.S. economic competitiveness, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, local and industry-specific labor markets, and agriculture. Includes among "covered rules" specified national standards for air quality, hazardous and solid waste, and water pollutants and other rules promulgated under specified provisions of the Clean Air Act on or after January 1, 2009. Defines "covered action" as any action on or after such date by the EPA, a state, a local government, or a permitting agency as a result of the application of specified Clean Air Act (CAA) provisions with respect to an air pollutant that is identified as a greenhouse gas.

To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Minority Business Enterprise Incubator Program Act''. SEC. 2. PURPOSES OF NATIONAL MINORITY BUSINESS ENTERPRISE INCUBATOR PROGRAM. The purposes of the National Minority Business Enterprise Incubator Program are-- (1) to promote economic development and the creation of wealth and job opportunity in low-income areas and within areas of economic transition, inclusive of parts of the country with declining manufacturing bases and among minority individuals living in such areas through minority business enterprise incubation centers; (2) to develop a minority business enterprise incubation program with the mission of providing focused technical and managerial assistance to aid in the development of minority business enterprises; (3) to make grants to economic development organizations and other entities for the purpose of providing business incubation services to minority business enterprises; and (4) to revitalize and reuse industrial or commercial sites for entrepreneurship and economic growth. SEC. 3. NATIONAL MINORITY BUSINESS ENTERPRISE INCUBATOR GRANTS. (a) In General.--In accordance with the requirements of this section, the National Director of the Minority Business Development Agency may make 3-year to 5-year grants to eligible organizations to establish and operate minority business enterprise incubator programs. (b) Applications.--To be eligible to receive a grant under this section, an eligible organization shall submit an application to the National Director at such time and in such form and manner as the National Director may require. Each such application shall include the grantee's plan for establishing and operating a minority business enterprise incubator program. (c) Selection of Grantees.--In selecting the grantees under this section, the National Director shall evaluate and rank applicants in accordance with predetermined selection criteria that will be stated in terms of relevant importance of such criteria. The relative importance of the criteria shall be made publicly available and stated in each solicitation for applicants made by the National Director. The criteria shall include the following: (1) The experience of the applicant in conducting business development. (2) The experience of the applicant in technology and manufacturing. (3) The extent to which the incubator will assist in the development of low-income, women, or minority business, or the revitalization of rural areas, inner cities, central cities, or depressed manufacturing areas. (4) The extent to which the proposed site is in an area of high unemployment and will result in the reuse of a previously used industrial or commercial site. (5) The extent to which the applicant has a management team in place with experience in running a business incubator or relevant business development experience. (6) The extent to which the applicant's plan will result in the economic development of low-income communities or high- unemployment areas. (7) The ability of the applicant to successfully establish and operate a minority business enterprise incubator program. (8) The ability of the applicant to enter into cooperative agreements with financial institutions to provide a streamlined process for business concerns utilizing the minority business enterprise incubator program to obtain financial assistance. (9) The ability of the applicant to provide the services of licensed professionals. (10) The extent to which the applicant's plan for establishing and operating a minority business enterprise incubator program will do the following: (A) Enhance minority business enterprise development. (B) Meet the needs and goals of the community in which the incubator is to be located. (C) Serve as a catalyst for further entrepreneurial development. (D) Involve the rehabilitation of a warehouse, factory, or building which has fallen into disrepair. (E) Assist in redeveloping and reinvesting in an economically challenged or disadvantaged area. (F) Target minority and women entrepreneurs. (G) Focus on the development of manufacturing and technology. (H) Retain or create jobs. (I) Include assistance regarding marketing, financial management, human resources development, and access to capital (both debt and equity). (d) Grant Requirements.--Each grantee shall use the grant funds to establish a minority business enterprise incubator program, which shall make the following assistance available (on a shared or unshared basis, as the grantee may determine) to businesses participating in such program: (1) Office space. (2) Office equipment, including computers, facsimile machines, photocopiers, access to telecommunications services (including broadband services), and manufacturing equipment. (3) Administrative and technical staff. (4) Training and technical assistance in the areas of marketing, financial management, human resources, and contracting. (5) Assistance in obtaining loans. (6) Assistance in locating investors and networking with local business organizations. (7) Individualized reviews of marketing, financial, and business plans, which shall occur monthly for such period as the National Director may determine and quarterly thereafter. (8) Legal, accounting, and marketing services. (9) Mentoring program with established, successful, large businesses to last the duration of the business' stay in the incubator. (e) Additional Assistance.--A grantee may use grant funds to provide family care services to participating business and any other assistance which is approved by the National Director. (f) Additional Program Requirements.-- (1) Participating businesses.--Each grantee shall select the businesses which will participate in the grantee's minority business enterprise incubation program. The grantee shall select businesses which have the potential to be self- sustaining. Each grantee shall require participating businesses to participate in the technical and managerial training described in subsection (d)(4), to submit marketing, financial, and business plans and to participate in the review of such plans described in subsection (d)(7). (2) Cooperative agreements with financial institutions.-- Each grantee shall enter into a cooperative agreement with one or more financial institutions to provide a streamlined process by which participating businesses may obtain loans. (3) Fees.--Each grantee may charge participating businesses a fee for the assistance provided to such business by the grantee. The amount of such fee shall be determined under a sliding scale based on the financial success of the participating business. The grantee may only charge a nominal fee for the first 2 years of such businesses participation in the incubator. (g) Non-Federal Matching Funds.--The National Director shall not make available any grant funds under this section until the grantee has contributed non-Federal matching funds in an amount equal to 50 percent of the amount of such grant funds. (h) Eligible Organizations.--For purposes of this section, the term ``eligible organization'' means any of the following: (1) An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (2) A business league, chamber of commerce, or board of trade described in section 501(c)(6) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (3) A local development agency that is chartered, established, or otherwise sanctioned by a State or local government. (4) A small business development center (within the meaning of section 21 of the Small Business Act) or equivalent minority business enterprise center, as defined by the National Director. (5) A college or university. (6) A unit of State or local government. (i) Federal Coordination.--The National Director, in consultation with the Economic Development Administration, the Rural Development Agency, the Department of Agriculture, the Department of Housing and Urban Development, the Delta Regional Authority, and the Small Business Administration, shall-- (1) undertake efforts to coordinate and enhance Federal programs that relate to minority business enterprise incubation programs; and (2) invite State and local governments, lending institutions, and other appropriate public and private organizations to serve as intermediaries in outreach efforts related to minority business enterprise incubation programs. (j) Reports.-- (1) Initial report.--One year after the first grant is made under this section, the National Director shall transmit to the Congress a preliminary report regarding the National Minority Business Enterprise Incubator Program conducted under this section. (2) Final report.--Four years after the first grant is made under this section, the National Director shall transmit to the Congress a final report regarding the National Minority Business Enterprise Incubator Program conducted under this section. Such report shall include any recommendations of the National Director regarding ways to improve such program and the recommendation of the National Director as to whether such program should be extended. (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2008 and 2009, which amounts shall remain available until expended. SEC. 4. DEFINITION. As used in this Act, the term ``National Director'' means the National Director of the Minority Business Development Agency.

National Minority Business Enterprise Incubator Program Act - Authorizes the National Director of the Department of Commerce's Minority Business Development Agency to make grants to certain organizations (e.g., public charities, business leagues, small business development centers, colleges or universities) to establish and operate minority business enterprise incubator programs.

To establish the National Minority Business Enterprise Incubator Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children From Internet Pornographers Act of 2011''. SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``(a) In General.--Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both. ``(b) Exclusion From Offense.--This section does not apply to a financial transaction conducted by a person in cooperation with, or with the consent of, any Federal, State, or local law enforcement agency.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 3. MONEY LAUNDERING PREDICATE. Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``1466A (relating to obscene visual representation of the abuse of children),'' before ``section 1708''; and (2) by inserting ``1960A (relating to financial facilitation of access to child pornography),'' before ``section 2113''. SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS. (a) In General.--Section 2703 of title 18, United States Code, is amended by adding at the end the following: ``(h) Retention of Certain Records.-- ``(1) A commercial provider of an electronic communication service shall retain for a period of at least one year a log of the temporarily assigned network addresses the provider assigns to a subscriber to or customer of such service that enables the identification of the corresponding customer or subscriber information under subsection (c)(2) of this section. ``(2) Access to a record or information required to be retained under this subsection may not be compelled by any person or other entity that is not a governmental entity. ``(3) The Attorney General shall make a study to determine the costs associated with compliance by providers with the requirement of paragraph (1). Such study shall include an assessment of all the types of costs, including for hardware, software, and personnel that are involved. Not later than 2 years after the date of the enactment of this paragraph, the Attorney General shall report to Congress the results of that study. ``(4) In this subsection-- ``(A) the term `commercial provider' means a provider of electronic communication service that offers Internet access capability for a fee to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used; and ``(B) the term `Internet' has the same meaning given that term in section 230(f) of the Communications Act of 1934.''. (b) Sense of Congress.--It is the sense of Congress-- (1) to encourage electronic communication service providers to give prompt notice to their customers in the event of a breach of the data retained pursuant to section 2703(h) of title 18 of the United States Code, in order that those effected can take the necessary steps to protect themselves from potential misuse of private information; and (2) that records retained pursuant to section 2703(h) of title 18, United States Code, should be stored securely to protect customer privacy and prevent against breaches of the records. (c) Transition Rule.--The amendment made by this section shall not apply until 180 days after the date of the enactment of this Act to a provider of an electronic communications service that does not, on that date of enactment, have in effect a system of retention of records that complies with the requirements of that amendment. (d) Study.-- (1) The Attorney General, not later than 2 years after the date of the enactment of this Act, shall complete a study of providers affected by section 2703(h) of title 18, United States Code. (2) Such study shall include-- (A) the privacy standards and considerations implemented by those providers as they comply with the requirements of section 2703(h); and (B) the frequency of any reported breaches of data retained pursuant to section 2703(h). (3) The Attorney General shall, upon the completion of the study, report the results of the study to Congress. SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER THIS CHAPTER. Section 2703(e) of title 18, United States Code, is amended by inserting ``retaining records,'' after ``other specified persons for''. SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. Section 2707(e)(1) of title 18, United States Code, is amended by inserting ``, or the requirement to retain records under section 2703(h),'' after ``section 2703(f)''. SEC. 7. SUBPOENA AUTHORITY. Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486).''. SEC. 8. PROTECTION OF CHILD WITNESSES. Section 1514 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``or its own motion,'' after ``attorney for the Government,''; and (ii) by inserting ``or investigation'' after ``Federal criminal case'' each place it appears; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: ``(2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.''; (D) in paragraph (4), as so redesignated, by striking ``(and not by reference to the complaint or other document)''; and (E) in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: ``, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness''; and (2) by striking subsection (c) and inserting the following: ``(c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. ``(d)(1) As used in this section-- ``(A) the term `course of conduct' means a series of acts over a period of time, however short, indicating a continuity of purpose; ``(B) the term `harassment' means a serious act or course of conduct directed at a specific person that-- ``(i) causes substantial emotional distress in such person; and ``(ii) serves no legitimate purpose; ``(C) the term `immediate family member' has the meaning given that term in section 115 and includes grandchildren; ``(D) the term `intimidation' means a serious act or course of conduct directed at a specific person that-- ``(i) causes fear or apprehension in such person; and ``(ii) serves no legitimate purpose; ``(E) the term `restricted personal information' has the meaning give that term in section 119; ``(F) the term `serious act' means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and ``(G) the term `specific person' means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. ``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.''. SEC. 9. SENTENCING GUIDELINES. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure-- (1) that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110, or 117 of title 18, United States Code; and (2) if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual. SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY. (a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.--Section 2252(b)(2) of title 18, United States Code, is amended by inserting after ``but if'' the following: ``any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. (b) Certain Activities Relating to Material Constituting or Containing Child Pornography.--Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after ``but, if'' the following: ``any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. SEC. 11. ADMINISTRATIVE SUBPOENAS. (a) In General.--Section 3486(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``or'' at the end; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: ``(ii) an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or''; and (2) in subparagraph (D)-- (A) by striking ``paragraph, the term'' and inserting the following: ``paragraph-- ``(i) the term''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) the term `sex offender' means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).''. (b) Technical and Conforming Amendments.--Section 3486(a) of title 18, United States Code, is amended-- (1) in paragraph (6)(A), by striking ``United State'' and inserting ``United States''; (2) in paragraph (9), by striking ``(1)(A)(ii)'' and inserting ``(1)(A)(iii)''; and (3) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.

Protecting Children From Internet Pornographers Act of 2011 - (Sec. 2) Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Makes this prohibition inapplicable to a financial transaction conducted in cooperation with, or with the consent of, any federal, state, or local law enforcement agency. (Sec. 3) Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, and (2) obscene visual representation of the abuse of children. (Sec. 4) Requires a commercial provider of an electronic communication service to retain for at least one year a log of the temporarily assigned network addresses assigned to subscribers or customers that enables the identification of corresponding customer or subscriber information. Prohibits access to such records from being compelled by any person or nongovernmental entity. Directs the Attorney General to study and report within two years on the provider compliance costs. Encourages providers to: (1) give prompt notice to customers of a breach of such records, and (2) store such records securely to protect customer privacy and prevent breaches. Directs the Attorney General, within two years, to complete a study of providers affected by this section, including: (1) the privacy standards and considerations implemented, and (2) the frequency of any reported breaches. (Sec. 5) Bars any cause of action against a provider for retaining such records as required. (Sec. 6) Makes a good faith reliance on the record retention requirement a complete defense to a civil action. (Sec. 7) Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service. (Sec. 8) Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Authorizes the court to: (1) issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present, in which case the court shall hold a hearing not later than 14 days after the date such order was applied for or issued; and (2) order that such a protective order expires on the later of three years after the date of issuance or the date of the minor victim's or witness's 18th birthday. Provides for up to five years' imprisonment, a fine, or both for violating or attempting to violate such a protective order. Directs the courts to presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that person, is for news reporting purposes, is designed to locate that person (who has been reported to law enforcement as a missing person), or is part of a government authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation. (Sec. 9) Directs the United States Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for obstruction of justice associated with sex trafficking of children and other child abuse crimes. (Sec. 10) Imposes a fine and/or prison term of up to 20 years for a child pornography offense involving a prepubescent minor or a child under the age of 12.

To amend title 18, United States Code, with respect to child pornography and child exploitation offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Accountability Act of 2016'' or ``FEAA''. SEC. 2. REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR PERFORMANCE OF EMPLOYEES IN THE CIVIL SERVICE. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR PERFORMANCE ``Sec. 7551. Definitions ``For purposes of this subchapter-- ``(1) `employee' means an individual occupying a position within the civil service, but does not include any individual-- ``(A) employed in a position described under sections 5312 through 5316 (relating to the Executive Schedule); ``(B) employed as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a); or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; ``(2) `grade' means a level of classification under a position classification system; ``(3) `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function; and ``(4) `pay' means the rate of basic pay fixed by law or administrative action for the position held by an employee. ``Sec. 7552. Actions covered ``This subchapter applies to a reduction in grade or pay or removal, but does not apply to-- ``(1) a reduction in grade or pay or removal under section 7512; ``(2) a reduction in grade or pay or removal under section 7521; ``(3) a removal under section 7532; ``(4) a removal under section 3592, 3595, or 7543; or ``(5) a removal from the Senior Executive Service under section 713 of title 38. ``Sec. 7553. Cause and procedure ``(a) Notwithstanding any other provision of law, under regulations prescribed by the Office of Personnel Management, the head of an agency may-- ``(1) remove an employee of the agency from the civil service; ``(2) reduce the grade of an employee of the agency; or ``(3) reduce the pay of an employee of the agency. ``(b) An employee subject to a reduction in grade under subsection (a)(2) shall, beginning on the date that the reduction takes effect, receive the annual rate of pay applicable to such grade. ``(c)(1) Subject to paragraph (2) and subsection (d), any reduction in grade or pay or removal under this subchapter may be appealed to the Merit Systems Protection Board under section 7701. ``(2) An appeal under paragraph (1) may only be made if such appeal is made not later than seven days after the date of such reduction in grade or pay or removal. ``(d)(1) Upon receipt of an appeal under subsection (c), the Merit Systems Protection Board shall refer the appeal to an administrative judge pursuant to section 7701(b)(1). The administrative judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date that the Board receives the appeal. ``(2) To the maximum extent practicable, the agency shall provide to the Merit Systems Protection Board, and to any administrative judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. ``(3) Notwithstanding any other provision of law, including section 7703, the decision of an administrative judge under paragraph (1) shall be final and shall not be subject to any further appeal. ``(4) In any case in which the administrative judge cannot issue a decision in accordance with the 45-day requirement under paragraph (3), the reduction in grade or pay or removal is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such reduction in grade or pay or removal is final, submit to Congress a report that explains the reasons why a decision was not issued in accordance with such requirement. ``(5) The Merit Systems Protection Board or administrative judge may not stay any reduction in grade or pay or removal action under this section. ``(6) During the period beginning on the date on which an employee appeals a removal from the civil service under this subsection and ending on the date that the administrative judge issues a final decision on such appeal, such employee may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. ``(e) In the case of an employee seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b), the head of the agency may not reduce the grade or pay or remove such employee under this subchapter without the approval of the Special Counsel under section 1214(f).''. (b) Application.--The authority provided by subsection (a) shall apply to any employee hired before, on, or after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: ``subchapter vi--reduction in grade or pay or removal for misconduct or performance ``7551. Definitions. ``7552. Actions covered. ``7552. Cause and procedure.''. (d) Conforming Amendments.--Title 5, United States Code, is amended-- (1) in section 4303(f)-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, or''; and (C) by adding at the end the following: ``(4) the reduction in grade or removal of an employee under subchapter VI of chapter 75.''; (2) in section 7512-- (A) by striking ``or'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``, or''; and (C) by adding at the end the following: ``(F) a reduction in grade or pay or removal under subchapter VI of this chapter.''; (3) in section 7521(b), in the matter following paragraph (5)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``, or''; and (C) by adding at the end the following: ``(D) a reduction in grade or pay or removal under subchapter VI of this chapter.''; and (4) in section 7542, by striking ``or to a removal under section 3592 or 3595 of this title'' and inserting ``to a removal under section 3592 or 3595 of this title, to an action under section 713 of title 38, or to a reduction in grade or pay or removal under subchapter VI of this chapter''.

Federal Employee Accountability Act of 2016 or FEAA This bill allows federal agencies, under Office of Personnel Management regulations, to remove certain employees from civil service or to reduce their grade or pay. An employee may appeal within 7 days to the Merit Systems Protection Board (MSPB), which must refer the case to an administrative judge to expedite a final decision within 45 days after the MSPB receives the appeal. If the administrative judge cannot reach a decision within 45 days, the removal or reduction becomes final. But the MSPB must explain to Congress why a decision was not issued.

FEAA

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghan Women Security and Freedom Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Taliban regime denied women in Afghanistan the most basic human rights, including the rights to work, to an education, to health care, and to move freely. (2) The Taliban regime subjected any women who attempted to exercise her human rights to beatings and imprisonment and women in Afghanistan who lived under the Taliban regime suffer from long-term consequences of such oppression. (3) According to the Afghan Ministry of Women's Affairs, as a result of 23 years of war and the restrictions imposed by the Taliban after the war ended, most women in Afghanistan do not have adequate food, access to health care, or opportunities for education, employment, or economic livelihood, and such women have experienced violence to themselves or their families. (4) Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. (5) The strengthening of institutions and non-governmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women's rights and human rights. (6) It is necessary for significant numbers of women to hold positions within the Government of Afghanistan, including in the cabinet, the Loya Jirga, government commissions, and other key posts, and to hold official positions within United Nations agencies working in Afghanistan to foster democracy and protect the rights of women in Afghanistan. (7) Despite the collapse of the Taliban regime in Afghanistan in 2001, warlords and the Taliban are reorganizing and reemerging in Afghanistan, imperiling the stability of the central government, the security of the people, and the exercise of human rights by women. (8) The United Nations Secretary-General's Special Representative to Afghanistan said that the deteriorating security situation in Afghanistan may force a delay in elections in Afghanistan and that expansion of international peacekeeping forces is necessary to make fair, democratic voter registration and elections possible. (9) In January 2004, the Government of Afghanistan adopted a new constitution that includes basic rights for women, but enforcement of the provisions of the constitution will be difficult unless security in Afghanistan is dramatically improved. (10) Despite the fact that violations of human rights and women's rights continue with impunity in Afghanistan, Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel do not have the authority needed to intervene to stop such violations. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the protection of the rights of women, the reestablishment of democracy, and the elimination of terrorism are essential to the reconstruction of a stable Afghanistan and to achieve such a reconstruction the international community should commit substantial resources, including the expansion of international peacekeeping forces inside and outside of the city of Kabul; (2) the United States should provide strong support for the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Bonn Agreement to remedy past violations of women's rights and human rights and to establish institutions and programs to advance such rights; (3) the mandate of international peacekeeping forces and Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel should be authorized to intervene to stop violations of human rights and women's rights; (4) United States foreign policy should ensure that the rights of women and girls are restored in Afghanistan, assist in the recovery of women and girls from the repression of the Taliban and 23 years of war, and strengthen Afghan institutions that are led by women; and (5) grants and assistance provided to Afghanistan should be conditioned upon the Government of Afghanistan adhering to international standards for women's rights and human rights. SEC. 4. AUTHORIZATION FOR ASSISTANCE. (a) Authority.--The President is authorized to provide assistance for women and children in Afghanistan. (b) Provision of Assistance.--Assistance under this section may be provided directly to the Afghan Ministry of Women's Affairs, other Afghan Government ministries, the Afghan Independent Human Rights Commission, local and international nonprofit organizations, and United Nations agencies. (c) Categories of Assistance.--The assistance under this section may be provide as grants, technical assistance, training, or in any other form that the President determines is appropriate. (d) Purposes.--Assistance under this section may be used for the following purposes: (1) Political and human rights.--Assistance under this section is authorized to be used to promote women's rights and human rights in Afghanistan, including women's political participation and legal rights, including for the following purposes: (A) To provide assistance to the Afghan Ministry of Women's Affairs, other ministries of the Government of Afghanistan, and the Afghan Independent Human Rights Commission for programs to advance the status of women. (B) To disseminate information throughout Afghanistan on the rights of women and on international standards for human rights. (C) To provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to participate in relief programs. (D) To provide, monitor, and investigate violations of women's rights and to provide legal assistance to women who have suffered violations of their rights. (E) To provide training related to women's rights and human rights to military, police, and legal personnel. (F) To build the infrastructure of the Afghan Independent Human Rights Commission through the construction of provincial and district offices. (G) To enforce the provisions of the Afghan constitution that ensure equal rights for women. (H) To operate programs to encourage and facilitate the registration of women voters. (2) Health care.--Assistance under this section is authorized to be used to provide health care for the people of Afghanistan, including for the following purposes: (A) To provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity. (B) To train nurses, midwives, and traditional birth attendants for the purposes of improving staffing at clinics and hospitals, and expanding networks of community health educators. (C) To promote awareness about the health and nutrition of women, and programs related to hygiene, sanitation, and immunization. (D) To develop, establish, and expand programs to provide services to women and girls suffering from post-traumatic stress, depression, and mental illness. (E) To provide mobile health units that include reproductive health programs and that are accessible to women and girls who have been disabled due to landmines or war-related injuries, including such women and girls who are in wheelchairs. (3) Education and training.--Assistance under this section is authorized to be used to provide education and training to the people of Afghanistan, including for the following purposes: (A) To establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum. (B) To develop and expand technical and vocational training programs for women to enable women who participate in such programs to provide support for themselves and their families. (C) To develop, maintain, and expand literacy programs, including economic literacy programs that promote the well-being of women and their families. (D) To provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes. (4) Security, protection, and shelter.--Assistance under this section is authorized to be used to provide security, protection, and shelter for the people of Afghanistan, including for the following purposes: (A) To develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services. (B) To direct humanitarian assistance to the large population of widows and their children who are in need in war-torn Afghanistan. (C) To provide emergency shelters, food, sanitation, health care, and other relief services to internally displaced women and their families. (D) To support the return of refugees and internally displaced persons, the majority of whom are women and children, to their home areas. (E) To provide security measures, such as building improvements and staffing, for the purpose of preventing violent attacks to schools that educate girls and to repair or replace equipment and facilities of a school that is subject to such an attack. (F) To improve security for women in the Loya Jirga and for women who exercise their right to register to vote and to participate in elections. (G) To provide security for women's centers for the purpose of enabling women to participate in meetings, discussions, and programs regarding the constitution, elections, and women's rights. SEC. 5. SENSE OF CONGRESS ON THE PROVISIONS OF ASSISTANCE. It is the sense of Congress that, in providing assistance under this Act, the President should-- (1) condition the provision such assistance on the recipient adhering to international standards for women's rights and human rights; (2) place a high priority on the provision of such assistance to the Afghan Ministry of Women's Affairs, the Afghan Independent Human Rights Commission, and other agencies of the Government of Afghanistan that are able to implement programs to improve the lives and advance the rights of women; (3) place a high priority on the provision of such assistance that will be used to provide to training and capacity-building programs in Afghanistan; (4) ensure that such assistance is distributed throughout different regions of Afghanistan on the basis of need; (5) place a high priority on the provision of such assistance to non-governmental organizations in Afghanistan that have demonstrated experience in delivering services to Afghan women and children and that are-- (A) led by women; or (B) located in Afghanistan; and (6) ensure that of the assistance made available under this Act in each fiscal year not less than 25 percent of such assistance is provided to non-governmental organizations that are-- (A) led by women; and (B) located in Afghanistan. SEC. 6. REPORTING REQUIREMENT. (a) Requirement for Report.--Not less than once every 6 months, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees on the activities carried out under this Act. Such report shall include the amount of assistance provided under this Act to-- (1) the Afghan Ministry of Women's Affairs; (2) other ministries of the Government of Afghanistan; (3) the Afghan Independent Human Rights Commission; (4) Afghan nonprofit organizations; (5) international nonprofit organizations; and (6) United Nations agencies. (b) Initial Report.--The initial report required under subsection (a) shall be submitted not later than 60 days after the date of enactment of this Act. (c) Termination of Requirement.--Subsection (a) shall be effective during the 3 year period beginning on the date of enactment of this Act. (d) Appropriate Congressional Committees.--In this section the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There is authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2005, 2006, and 2007 to carry out the provisions of this Act, of which-- (1) $20,000,000 is authorized to be available to the Afghan Ministry of Women's Affairs for each such fiscal year; and (2) $10,000,000 is authorized to be available to the Afghan Independent Human Rights Commission for each such fiscal year. (b) Availability of Funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

Afghan Women Security and Freedom Act of 2004 - Expresses the sense of Congress that: (1) the international community should commit substantial resources, including peacekeeping forces, for protecting the rights of women, reestablishing democracy, and eliminating terrorism in Afghanistan; (2) the United States should strongly support the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission; (3) international peacekeeping forces and reconstruction teams should be authorized to stop violations of human rights and women's rights; (4) U.S. foreign policy should ensure restoration of the rights of women and girls in Afghanistan, assist in their recovery from the repression of the Taliban and prolonged warfare, and strengthen Afghan institutions led by women; and (5) assistance to Afghanistan should be conditioned on the Afghan Government's adherence to international standards for women's rights and human rights. Authorizes the President to provide assistance for women and children in Afghanistan for the purpose of promoting women's rights and human rights and providing health care, education, training, security, and shelter.

A bill to provide assistance and security for women and children in Afghanistan and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims Restitution Act of 1995''. SEC. 2. ORDER OF RESTITUTION. Section 3663 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``may order'' and inserting ``shall order''; and (B) by adding at the end the following new paragraph: ``(4) In addition to ordering restitution of the victim of the offense of which a defendant is convicted, a court may order restitution of any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily, by unlawful conduct of the defendant during-- ``(A) the criminal episode during which the offense occurred; or ``(B) the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.''; (2) in subsection (b)(1)(B), by striking ``impractical'' and inserting ``impracticable''; (3) in subsection (b)(2), by inserting ``emotional or'' after ``resulting in''; (4) in subsection (c), by striking ``If the Court decides to order restitution under this section, the'' and inserting ``The''; (5) by striking subsections (d), (e), (f), (g), and (h); (6) by redesignating subsection (i) as subsection (m); and (7) by inserting after subsection (c) the following new subsections: ``(d)(1) The court shall order restitution to a victim in the full amount of the victim's losses as determined by the court and without consideration of-- ``(A) the economic circumstances of the offender; or ``(B) the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. ``(2) Upon determination of the amount of restitution owed to each victim, the court shall specify in the restitution order the manner in which and the schedule according to which the restitution is to be paid, in consideration of-- ``(A) the financial resources and other assets of the offender; ``(B) projected earnings and other income of the offender; and ``(C) any financial obligations of the offender, including obligations to dependents. ``(3) A restoration order may direct the offender to make a single, lump-sum payment, partial payment at specified intervals, or such in- kind payments as may be agreeable to the victim and the offender. ``(4) An in-kind payment described in paragraph (3) may be in the form of-- ``(A) return of property; ``(B) replacement of property; or ``(C) services rendered to the victim or to a person or organization other than the victim. ``(e) When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. ``(f) When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. ``(g)(1) If the victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation. ``(2) The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss, at which time a person that has provided compensation to the victim shall be entitled to receive any payments remaining to be paid under the restitution order. ``(3) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim in-- ``(A) any Federal civil proceeding; and ``(B) any State civil proceeding, to the extent provided by the law of the State. ``(h) A restitution order shall provide that-- ``(1) all fines, penalties, costs, restitution payments and other forms of transfers of money or property made pursuant to the sentence of the court shall be made by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment by the entity in accordance with this subsection; ``(2) the entity designated by the Director of the Administrative Office of the United States Courts shall-- ``(A) log all transfers in a manner that tracks the offender's obligations and the current status in meeting those obligations, unless, after efforts have been made to enforce the restitution order and it appears that compliance cannot be obtained, the court determines that continued recordkeeping under this subparagraph would not be useful; ``(B) notify the court and the interested parties when an offender is 90 days in arrears in meeting those obligations; and ``(C) disburse money received from an offender so that each of the following obligations is paid in full in the following sequence: ``(i) a penalty assessment under section 3013 of title 18, United States Code; ``(ii) restitution of all victims; and ``(iii) all other fines, penalties, costs, and other payments required under the sentence; and ``(3) the offender shall advise the entity designated by the Director of the Administrative Office of the United States Courts of any change in the offender's address during the term of the restitution order. ``(i) A restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. ``(j) Compliance with the schedule of payment and other terms of a restitution order shall be a condition of any probation, parole, or other form of release of an offender. If a defendant fails to comply with a restitution order, the court may revoke probation or a term of supervised release, modify the term or conditions of probation or a term of supervised release, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, or take any other action necessary to obtain compliance with the restitution order. In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the restitution order, and any other circumstances that may have a bearing on the defendant's ability to comply with the restitution order. ``(k) An order of restitution may be enforced-- ``(1) by the United States-- ``(A) in the manner provided for the collection and payment of fines in subchapter (B) of chapter 229 of this title; or ``(B) in the same manner as a judgment in a civil action; and ``(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. ``(l) A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.''. SEC. 3. PROCEDURE FOR ISSUING ORDER OF RESTITUTION. Section 3664 of title 18, United States Code, is amended-- (1) by striking subsection (a); (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively; (3) by amending subsection (a), as redesignated by paragraph (2), to read as follows: ``(a) The court may order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate. The probation service of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.''; and (4) by adding at the end the following new subsection: ``(e) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.''.

Crime Victims Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.

Crime Victims Restitution Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on International Coordination of Financial Regulation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress hereby finds the following: (1) Innovation in financial services and products is outpacing the ability of regulatory bodies to monitor and control the stability of the international financial system. (2) The rapid growth and integration of international capital markets has resulted in a volume of financial transactions that exceeds the resources of any single country and any single regulatory body. (3) Although most countries have regulatory bodies that govern the operation of each such country's financial markets and participants, the globalization of the financial markets requires better efforts to coordinate international regulation and supervision. (4) Financial regulators in the United States pursue separate strategies for dealing with international financial issues, including derivative financial instruments, often with inadequate communication among themselves and their foreign counterparts. (5) Given the increased globalization of financial markets, it is imperative that regulators establish an effective system of crisis management to deal with any shock to international financial markets. (6) As market participants continue to globalize their operations, financial regulatory bodies must develop a coordinated approach to enforcement actions. (7) Large differences in the operations of the world's major clearing and settlement systems, in terms of both efficiency and risk, pose a threat to the stability of the international financial system. (8) Because financial assets directed through so-called ``off-shore tax havens'' are growing, such off-shore tax havens need to be identified and their role in the international financial system, the reasons for their growth, and the effect of their unrestricted growth on the international financial system need to be fully examined. (b) Purpose.--It is the purpose of this Act to provide for the United States to play a leadership role in-- (1) ensuring a stable and efficient international financial system; and (2) enhancing cooperation among financial regulatory bodies around the world. SEC. 3. COMMISSION ON INTERNATIONAL COORDINATION OF FINANCIAL REGULATION. There is hereby established the Commission on International Coordination of Financial Regulation, an advisory committee under the Federal Advisory Committee Act, hereafter in this Act referred to as the ``Commission''. SEC. 4. DUTIES. The duties of the Commission are as follows: (1) Identify the various regulatory bodies and mechanisms that are used to regulate and supervise international capital markets, including mechanisms that governments employ to manage international capital market instability. (2) Appraise the adequacy of the cooperation between the various regulatory entities and mechanisms referred to in paragraph (1). (3) Propose solutions for improving cooperation among the various regulatory bodies and mechanisms, including a proposal, if feasible, for establishing a single international body or mechanism with responsibility for coordinating international regulation and promoting the stability of the international financial system. (4) Identify the various enforcement methods which countries use to enforce laws and regulations relating to capital markets and the extent and adequacy of cooperation among regulators in taking enforcement actions. (5) Propose solutions for improving global enforcement of laws and regulations relating to capital markets and other aspects of the international financial system. (6) Analyze the major clearing and settlement systems and the differences among those systems in terms of volume, risk, and efficiency and evaluate the impact each system has on the stability of the other major payments and settlements systems. (7) Propose solutions for improving coordination among the major clearing and settlement systems, including programs to raise the quality of the weaker systems. (8) Identify all so-called ``off-shore tax havens'' and analyze their role in the international capital markets and the reasons for their growth. (9) Propose solutions for minimizing any adverse effect the growth of the ``tax havens'' may have on the international financial system, including, if warranted, a proposal for curbing the growth of such havens. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 15 members as follows: (1) The Chairman of the Board of Governors of the Federal Reserve System or the Chairman's designee. (2) The Secretary of the Treasury or the Secretary's designee. (3) The Chairman of the Securities and Exchange Commission or the Chairman's designee. (4) 6 members appointed by the President. (5) 3 members appointed by the Speaker and the minority leader of the House of Representatives, acting jointly, not more than 2 of whom may be members of the same political party. (6) 3 members appointed by the majority leader and the minority leader of the Senate, acting jointly, not more than 2 of whom may be members of the same political party. (b) Qualifications of Appointed Members.--The members appointed pursuant to paragraphs (4), (5), and (6) of subsection (a) shall be appointed from among individuals who-- (1) are specially qualified to serve on the Commission by reason of their education, training, and experience in international finance and business, accounting, currency transactions, the international payment system, trade matters, banking, or securities; and (2) have a broad understanding of the global economy. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Initial Appointments.--The initial members of the Commission shall be appointed before the end of the 30-day period beginning on the date of the enactment of this Act. (e) Vacancy.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (f) Removal.--An appointed member of the Commission may be removed only for malfeasance in office. (g) Quorum.--5 members shall constitute a quorum. (h) Chairperson.--The President shall designate a chairperson of the Commission from among members appointed under paragraph (4), (5), or (6) of subsection (a). (i) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members. (j) Policy Actions.--No action establishing a policy or recommendation of the Commission may be adopted without the approval of at least 8 members. (k) Travel and Per Diem.--Members of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses in accordance with section 5703 of title 5, United States Code. SEC. 6. DIRECTOR AND STAFF. (a) Director.--The principal administrative officer of the Commission shall be a director who shall-- (1) be appointed by the Commission; (2) be paid at a rate not to exceed the maximum rate payable under section 5376 of title 5, United States Code; and (3) serve on a full-time basis. (b) Staff.-- (1) In general.--With the approval of the Commission, the director may appoint and fix the pay of such personnel as the director determines to be appropriate. (2) Applicability of certain civil service laws.--The staff of the Commission 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) Temporary staff.--With the approval of the Commission, the director may appoint such employees as may be necessary to carry out the functions of the Commission for a period of not more than 1 year, 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, except that the rates of pay for such temporary staff shall not exceed the maximum rate payable under section 5376 of title 5, United States Code. (c) Experts and Consultants.--With the approval of the Commission, the director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code at rates for individuals not to exceed the maximum rate payable under section 5376 of title 5, United States Code. (d) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate; and (2) administer oaths or affirmations to witnesses appearing before the Commission. (b) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (2) Provision of information.--Upon the request of the Chairperson of the Commission, the head of any department or agency of the United States shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.-- (1) In general.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (2) Deposit and disbursement.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 8. REPORT (a) Report Required.--The Commission shall submit a final report to the President and the Congress before the end of the 18-month period beginning on the date of the enactment of this Act. (b) Contents of Report.--The report shall contain a detailed statement of the findings and conclusions of the Commission, together with the Commission's recommendations for such legislative and administrative actions as the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting the report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the fiscal years 1995 and 1996 not to exceed $2,000,000 to carry out the purposes of this Act.

Commission on International Coordination of Financial Regulation Act - Establishes the Commission on International Coordination of Financial Regulation to: (1) identify the various regulatory bodies and mechanisms pertaining to international capital markets, including those used by governments to manage international capital market instability; (2) appraise the adequacy of cooperation between such various regulators; (3) propose solutions for improving such cooperation; (4) identify the various methods used by countries to enforce capital market regulations and the adequacy of international cooperation; (5) propose solutions for improving global regulatory enforcement of the international financial system; (6) analyze the major clearing and settlement systems and their impact upon the stability of other payments and settlements systems; (7) propose solutions for improving coordination among major clearing and settlements systems; (8) identify and analyze the role of "off-shore tax havens" in the international capital markets; and (9) propose solutions for minimizing any adverse effect that tax havens may have on the international financial system. Directs the Commission to report to the Congress and the President on its findings and recommendations. Authorizes appropriations.

Commission on International Coordination of Financial Regulation Act

SECTION 1. AMENDMENT. Chapter 23 of title 36, United States Code, is amended to read as follows: ``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM ``Sec.2301.Establishment of the United States Holocaust Memorial Museum; functions. ``Sec.2302.Functions of the Council; membership. ``Sec.2303.Compensation; travel expenses; full-time officers or employees of United States or Members of Congress. ``Sec.2304.Administrative provisions. ``Sec.2305.Staff. ``Sec.2306.Insurance for museum. ``Sec.2307.Gifts, bequests, and devises of property; tax treatment. ``Sec.2308.Annual report. ``Sec.2309.Audit of financial transactions. ``Sec.2310.Authorization of appropriations. ``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL MUSEUM; FUNCTIONS. ``The United States Holocaust Memorial Museum (hereafter in this chapter referred to as the `Museum') is an independent establishment of the United State Government. The Museum shall-- ``(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States; ``(2) operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2306 of this title; and ``(3) carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter. ``SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP. ``(a) In General.--The United States Holocaust Memorial Council (hereafter in this chapter referred to as the `Council') shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, including policy guidance and strategic direction, general oversight of Museum operations, and fiduciary responsibility. The Council shall establish an Executive Committee which shall exercise ongoing governance responsibility when the Council is not in session. ``(b) Composition of Council; Appointment; Vacancies.--The Council shall consist of 65 voting members appointed (except as otherwise provided in this section) by the President and the following ex officio nonvoting members: ``(1) One appointed by the Secretary of the Interior. ``(2) One appointed by the Secretary of State. ``(3) One appointed by the Secretary of Education. Of the 65 voting members, five shall be appointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made. ``(c) Term of Office.-- ``(1) Except as otherwise provided in this subsection, Council members shall serve for 5-year terms. ``(2) The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress. ``(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office. ``(d) Chairperson and Vice Chairperson; Term of Office.--The Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of 5 years. ``(e) Reappointment.--Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices. ``(f) Bylaws.--The Council shall adopt bylaws to carry out its functions under this chapter. The Chairperson may waive a bylaw when the Chairperson decides that waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice of the waiver to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagree in writing before the end of the 30-day period. ``(g) Quorum.--One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function. ``(h) Associated Committees.--Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government. ``SEC. 2303. COMPENSATION; TRAVEL EXPENSES; FULL-TIME OFFICERS OR EMPLOYEES OF UNITED STATES OR MEMBERS OF CONGRESS. ``(a) In General.--Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, for each day (including travel time) during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. ``(b) Exception.--Members of the Council who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Council. ``SEC. 2304. ADMINISTRATIVE PROVISIONS. ``(a) Experts and Consultants.--The Museum may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5. ``(b) Authority To Contract.--The Museum may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter. ``(c) Assistance From Other Federal Departments and Agencies.--The Secretary of the Smithsonian Institution, the Library of Congress, and the heads of all executive branch departments, agencies, and establishments of the United States may assist the Museum in the performance of its functions under this chapter. ``(d) Administrative Services and Support.--The Secretary of the Interior may provide administrative services and support to the Museum on a reimbursable basis. ``SEC. 2305. STAFF. ``(a) Establishment of the Museum Director as Chief Executive Officer.--There shall be a director of the Museum (hereafter in this chapter referred to as the `Director') who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Museum. The Director shall be appointed by the Chairperson of the Council, subject to confirmation of the Council. The Director may be paid with nonappropriated funds, and, if paid with appropriated funds shall be paid the rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5. The Director shall report to the Council and its Executive Committee through the Chairperson. The Director shall serve at the pleasure of the Council. ``(b) Appointment of Employees.--The Director shall have authority to-- ``(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general schedule pay rates; ``(2) appoint and fix the compensation (at a rate not to exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5) of up to three employees notwithstanding any other provision of law; and ``(3) implement the decisions and strategic plan for the Museum, as approved by the Council, and perform such other functions as may be assigned from time-to-time by the Council, the Executive Committee of the Council, or the Chairperson of the Council, consistent with this legislation. ``SEC. 2306. INSURANCE FOR MUSEUM. ``The Museum shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Museum deems necessary. ``SEC. 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY; TAX TREATMENT. ``The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States. ``SEC. 2308. ANNUAL REPORT. ``The Director shall transmit to Congress an annual report on the Director's stewardship of the authority to operate and maintain the memorial museum. Such report shall include the following: ``(1) An accounting of all financial transactions involving donated funds. ``(2) A description of the extent to which the objectives of this chapter are being met. ``(3) An examination of future major endeavors, initiatives, programs, or activities that the Museum proposes to undertake to better fulfill the objectives of this chapter. ``(4) An examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted. ``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS. ``Financial transactions of the Museum, including those involving donated funds, shall be audited by the Comptroller General as requested by Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Museum, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances. ``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS. ``To carry out the purposes of this chapter, there are authorized to be appropriated such sums as may be necessary. Notwithstanding any other provision of law, none of the funds authorized to carry out this chapter may be made available for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this chapter, shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Continues the Council, but transfers some of its functions to the Museum.Directs the Chairperson of the Council to appoint a Museum Director who will be the Museum's chief executive officer and serve at the Council's pleasure. (Current law provides, instead, for appointment of an Executive Director of the Council.)Requires the Museum Director's annual report to Congress to include an examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted.

To authorize appropriations for the United States Holocaust Memorial Museum, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bombing Prevention Act of 2008''. SEC. 2. BOMBING PREVENTION. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 210F. OFFICE FOR BOMBING PREVENTION. ``(a) In General.--The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department an Office for Bombing Prevention (in this section referred to as `the Office'). ``(b) Responsibilities.--The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, including by-- ``(1) serving as the lead agency of the Department for ensuring that programs designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices; ``(2) coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals; ``(3) conducting analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by-- ``(A) maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, tactics teams, and public safety dive teams; and ``(B) applying the analysis derived from the database described in subparagraph (A) in-- ``(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and ``(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements; ``(4) promoting secure information sharing of sensitive material and promoting security awareness, including by-- ``(A) operating and maintaining a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures; ``(B) educating the public and private sectors about explosive precursor chemicals; ``(C) working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; and ``(D) executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States; ``(5) assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions; ``(6) helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification and availability of effective technology applications through field pilot testing and acquisition of such technology applications by Federal, State, local, and tribal governments to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; ``(7) coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and private sector business in, developing and implementing national explosives detection training, certification, and performance standards; ``(8) ensuring the implementation of any recommendations in the national strategy required under section 210G, including developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to terrorist explosive attacks; ``(9) developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department; and ``(10) establishing and executing a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that-- ``(A) utilizes a broad spectrum of both mainstream and specialty print, radio, television outlets, and the Internet; ``(B) utilizes small and disadvantaged businesses, as defined under the Small Business Act (15 U.S.C. 631 et seq.); and ``(C) ensures that the public awareness messages under the campaign reach and are understandable to underserved populations, including-- ``(i) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; ``(ii) socially and economically disadvantaged households and communities; ``(iii) the elderly; and ``(iv) children. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency, or the Attorney General of the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $10,000,000 for fiscal year 2009; ``(B) $25,000,000 for each of fiscal years 2010 through 2012; and ``(C) such sums as may be necessary for each subsequent fiscal year. ``(2) Availability.--Amounts made available pursuant to paragraph (1) are authorized to remain available until expended. ``(e) Enhancement of Explosives Detection Canine Resources and Capabilities.--To enhance the Nation's explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector-- ``(1) within 270 days after the date of the enactment of this subsection-- ``(A) develop a pilot program that includes a domestic breeding program for purpose-bred explosives detection canines; and ``(B) increase the current number of capability assessments of explosives detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts; ``(2) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection canines; and ``(3) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. ``SEC. 210G. NATIONAL STRATEGY. ``(a) In General.--The Secretary shall develop and periodically update a national strategy to prevent and prepare for terrorist explosive attacks in the United States. ``(b) Development.--Not later than 90 days after the date of the enactment of this section, the Secretary shall develop the national strategy required under subsection (a). ``(c) Reporting.--Not later than six months after the date of the submission of the report regarding each quadrennial homeland security review conducted under section 707, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required under subsection (a), which shall include recommendations, if any, for deterring, preventing, detecting, protecting against, and responding to terrorist attacks in the United States using explosives or improvised explosive devices, including any such recommendations relating to coordinating the efforts of Federal, State, local, and tribal governments, emergency response providers, and the private sector.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following new items: ``Sec. 210F. Office for Bombing Prevention. ``Sec. 210G. National strategy.''. SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new sections: ``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention of, protection against, and response to terrorist attacks in the United States using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. ``(b) Leveraging Military Research.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall coordinate with the Secretary of Defense and the head of any other relevant Federal department or agency to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses. ``SEC. 319. TECHNOLOGY TRANSFER. ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and respond to terrorist attacks in the United States using explosives or improvised explosive devices. ``(b) Program.--The activities under the program established under subsection (a) shall include-- ``(1) applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical teams, and public safety dive teams of Federal, State, and local governments, to determine the training and technology requirements for Federal, State, and local governments, emergency response providers, and the private sector; ``(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private sector, foreign governments, or international organizations; ``(3) reviewing whether a technology described in paragraph (2) may be useful in assisting Federal, State, or local governments, emergency response providers, or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices; and ``(4) communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, and identifying grants, if any, available from the Department to purchase any such technology. ``(c) Working Group.--To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of sensitive sources and methods, shall establish a working group to advise and assist in the identification of military technologies designed to deter, prevent, detect, protect, or respond to terrorist explosive attacks that are in the process of being developed, or are developed, by the Department of Defense or the private sector.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 317 the following new items: ``Sec. 318. Explosives research and development. ``Sec. 319. Technology transfer.''. SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS. Section 1307(f) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 395) is amended by striking ``utilization'' and all that follows through the end of the sentence and inserting ``utilization of explosives detection canine teams, by the Transportation Security Administration and all other agencies of the Department of Homeland Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine detection teams of the Department.''. SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES. The Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not later than 180 days after the date of the enactment of this Act examining the administration of canine procurement activities by the Department of Homeland Security to deter, prevent, detect, and protect against terrorist explosive attacks in the United States, that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for- profit entities. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.

National Bombing Prevention Act of 2008 - (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security's (DHS) Protective Security Coordination Division of the Office of Infrastructure Protection an Office for Bombing Prevention to enhance and coordinate U.S. efforts to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States. Directs the Office to: (1) serve as the lead agency of DHS for ensuring that programs designed to counter terrorist explosive attacks function together efficiently to meet the evolving threat from explosives and improvised explosive devices (IEDs); (2) promote secure information sharing of sensitive material and security awareness; (3) assist state, local, and tribal governments in developing multijurisdictional IED security plans for high risk jurisdictions; and (4) establish and execute a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks. Authorizes appropriations. Directs the Secretary to partner with other federal, state, local, and tribal agencies, nonprofit organizations, universities, and the private sector to: (1) develop a pilot program that includes a domestic breeding program for explosives detection canines; (2) increase the number of capability assessments of explosives detection canine units; (3) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for the effective use of explosives detection canines; and (4) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. Directs the Secretary to develop, periodically update, and report to Congress on a national strategy to prevent and prepare for terrorist explosive attacks in the United States. (Sec. 3) Directs the Secretary, acting through the Under Secretary for Science and Technology, to: (1) ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or IEDs and the development of tools and technologies to neutralize and disable explosive devices; (2) coordinate with the Secretary of Defense and other federal department heads to ensure that military policies, procedures, activities, tools, and technologies to prevent and respond to terrorist attacks are adapted to nonmilitary uses; (3) establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by governmental agencies, emergency response providers, and the private sector against such attacks; and (4) establish a working group to advise and assist in the identification of military technologies developed by the Department of Defense (DOD) or the private sector to protect against and respond to explosive attacks. (Sec. 4) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the Comptroller General to utilize explosives detection canine teams of TSA and other DHS agencies to strengthen security and capacity. (Sec. 5) Directs the Secretary to submit a report to specified congressional committees on the administration of canine procurement activities by DHS to deter, prevent, detect, and protect against terrorist explosive attacks in the United States that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for-profit entities.

To amend the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, to address terrorist explosive threats, and for other purposes.

SECTION 1. CAPITAL GAINS DEDUCTION. (a) General Rule.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended to read as follows: ``PART I--TREATMENT OF CAPITAL GAINS ``Sec. 1201. Capital gains deduction. ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 30 percent of such gain shall be a deduction from gross income. ``(b) Estate and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of 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. ``(c) Transitional Rule.--In the case of a taxable year in which the date of the enactment of this sentence occurs, the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after such date of enactment.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (13) the following new paragraph: ``(14) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (j). (2) Paragraph (1) of section 170(e) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``50 percent of the amount of gain''. (3)(A) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction under section 1201.--The deduction under section 1201 shall not be allowed.'' (B) Subparagraph (B) of section 172(d)(4) of such Code is amended by striking ``paragraphs (1) and (3)'' and inserting ``paragraphs (1), (2)(B), and (3)''. (4) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to deduction for excess of capital gains over capital losses). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (5) Paragraph (3) of section 643(a) of such Code is amended by adding at the end thereof the following new sentence: ``The deduction under section 1201 (relating to deduction of excess of capital gains over capital losses) shall not be taken into account.'' (6) Paragraph (4) of section 691(c) of such Code is amended by striking ``sections 1(j), 1201, and 1211'' and inserting ``sections 1201 and 1211''. (7) The second sentence of section 871(a)(2) of such Code is amended by inserting ``such gains and losses shall be determined without regard to section 1201 (relating to deduction for capital gains) and'' after ``except that''. (8)(A) Subsection (b) of section 1211 of such Code is amended by striking ``the lower of'' and all that follows down through the period at the end thereof and inserting ``whichever of the following is the smallest-- ``(1) $3,000 ($1,500 in the case of a married individual filing a separate return), ``(2) the excess of such losses over such gains, or ``(3) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.'' (B) So much of paragraph (2) of section 1212(b) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1), (2), or (3) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the sum of the amount allowed for the taxable year under paragraph (1), (2), or (3) of section 1211(b), and the excess of the amount so allowed over the net short-term capital loss (determined without regard to this subsection) for such year, or ``(II) the adjusted taxable income for such taxable year.'' (C) Clause (i) of section 1211(b)(2)(B) of such Code is amended by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)''. (D) In the case of a taxable year in which the date of the enactment of this Act occurs, proper adjustments in the application of the provisions amended by this paragraph shall be made to take into account the provisions of section 1201(c) of such Code (as amended by subsection (a)). (9) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (10) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (11) Paragraph (2) of section 527(b) of such Code is hereby repealed. (12) Paragraph (2) of section 801(a) of such Code is hereby repealed. (13) Subsection (c) of section 831(c) of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (14)(A) Subparagraph (A) of section 852(b)(3) of such Code is amended by striking ``, determined as provided in section 1201(a), on'' and inserting ``of 17 percent of''. (B) Clause (iii) of section 852(b)(3)(D) of such Code is amended-- (i) by striking ``66 percent'' and inserting ``83 percent'', and (ii) by striking ``section 1201(a)'' and inserting ``subparagraph (A)''. (15) Clause (ii) of section 857(b)(3)(A) of such Code is amended by striking ``determined at the rate provided in section 1201(a) on'' and inserting ``of 17 percent of''. (16) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, or 1201(a)'' and inserting ``section 11 or 55''. (17) Subsection (b) of section 904 of such Code is amended by striking paragraphs (2)(B), (3)(B), (3)(D), and (3)(E). (18) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (19) Subsection (b) of section 1381 is amended by striking ``or 1201''. (20) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (21) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (22)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(j) or 1201(a) applies'', and (ii) by striking ``28 percent (34 percent'' and inserting ``14 percent (17 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(j) or 1201(a) of such Code applies'', and (ii) by striking ``28 percent (34 percent'' and inserting ``14 percent (17 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act; except that the amendment made by subsection (c)(2) shall apply only to contributions after such date of enactment.

Amends the Internal Revenue Code to allow a 30 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers.

To amend the Internal Revenue Code of 1986 to provide a 30-percent capital gains deduction for both corporate and noncorporate taxpayers.

SECTION 1. REDUCTION OF ENGINE IDLING OF HEAVY-DUTY VEHICLES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advanced truck stop electrification system.--The term ``advanced truck stop electrification system'' means a stationary system that delivers heat, air conditioning, electricity, and/or communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle with or without relying on components mounted onboard the heavy-duty vehicle for delivery of those services. (3) Auxiliary power unit.--The term ``auxiliary power unit'' means an integrated system that-- (A) provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle as if the main drive engine of the heavy-duty vehicle were running; and (B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards. (4) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means a vehicle that-- (A) has a gross vehicle weight rating greater than 8,500 pounds; and (B) is powered by a diesel engine. (5) Idle reduction technology.--The term ``idle reduction technology'' means an advanced truck stop electrification system, auxiliary power unit, or other device or system of devices that-- (A) is used to reduce long-duration idling of a heavy-duty vehicle; and (B) allows for the main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle to be shut down. (6) Energy conservation technology.--the term ``energy conservation technology'' means any device, system of devices, or equipment that improves the fuel economy of a heavy-duty vehicle. (7) Long-duration idling.-- (A) In general.--The term ``long-duration idling'' means the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear. (B) Exclusions.--The term ``long-duration idling'' does not include the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle during a routine stoppage associated with traffic movement or congestion. (b) Idle Reduction Technology Benefits, Programs, and Studies.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall-- (A)(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy- duty vehicles and other vehicles and engines; and (ii) update those models as the Administrator determines to be appropriate; and (B)(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and (ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate. (2) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and (B) prepare and make publicly available 1 or more reports on the results of the reviews. (3) Discretionary inclusions.--The reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology. (4) Idle reduction and energy conservation deployment program.-- (A) Establishment.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency's SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies. (ii) Priority.--The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants. (B) Funding.-- (i) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out subparagraph (A) $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008. (ii) Cost sharing.--Subject to clause (iii), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources. (iii) Necessary and appropriate reductions.--The Administrator may reduce the non-Federal requirement under clause (ii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section. (5) Idling location study.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including-- (i) truck stops; (ii) rest areas; (iii) border crossings; (iv) ports; (v) transfer facilities; and (vi) private terminals. (B) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall-- (i) complete the study under subparagraph (A); and (ii) prepare and make publicly available 1 or more reports of the results of the study. (c) Vehicle Weight Exemption.--Section 127(a) of title 23, United States Code, is amended-- (1) by designating the first through eleventh sentences as paragraphs (1) through (11), respectively; and (2) by adding at the end the following: ``(12) Heavy duty vehicles.-- ``(A) In general.--Subject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system. ``(B) Maximum weight increase.--The weight increase under subparagraph (A) shall be not greater than 400 pounds. ``(C) Proof.--On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that-- ``(i) the idle reduction technology is fully functional at all times; and ``(ii) the 400-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).''. (d) Report.--Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing-- (1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and (2) an identification of all other applicants that submitted applications under the program.

Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) review and update mobile source air emission models to determine whether they accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; (2) review emission reductions achieved by the use of idle reduction technology; and (3) complete such revisions of EPA regulations and guidance as the Administrator determines to be appropriate. Instructs the Administrator to establish a program to support deployment of idle reduction and energy conservation technologies, giving priority to deployment based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants. Directs the Administrator to commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling. States that in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system.

To establish a program to support deployment of idle reduction and energy conservation technologies for heavy-duty vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Application of Value Engineering Act of 1995''. SEC. 2. VALUE ENGINEERING REQUIREMENTS FOR FEDERAL AGENCIES. (a) In General.--Federal agencies shall apply value engineering consistent with subsection (b)(2) to, at a minimum, identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. The head of each Federal agency shall require senior management personnel to establish and maintain value engineering procedures and processes. Such procedures and processes shall, at a minimum-- (1) utilize qualified value engineering personnel consistent with paragraphs (1) and (4) of subsection (b); (2) provide for the aggressive and systematic development and maintenance of the most effective, efficient, and economical arrangement for conducting the work of the agency; and (3) provide a sound basis for the reporting of accomplishments to the Office of Management and Budget, the President, the Congress, and the public. (b) Agency Responsibilities.--To ensure that systemic value engineering improvements are achieved, each Federal agency shall, at a minimum, carry out the following: (1) Designate a senior management official with a significant, well-documented background in value engineering as the value engineering manager within the agency, to oversee and monitor value engineering efforts and to coordinate the development of criteria and guidelines referred to in paragraph (2). (2) Develop criteria and guidelines for both agency employees and contractor employees to identify programs, projects, systems, and products with the greatest potential to yield savings and benefits from the application of value engineering methodology. The criteria and guidelines should recognize that the potential savings are greatest during the planning, design, and other early phases of program, project, system, and product development. The criteria and guidelines shall include the following: (A) Consideration of return on the Government's investment in value engineering, determined by dividing the Government's cost of performing the value engineering function by the savings generated by the function. (B) A dollar amount threshold for requiring the application of value engineering. The threshold shall be designed to ensure that value engineering is applied to-- (i) each program, project, system, and product of the agency that has a dollar value greater than the threshold; and (ii) those programs, projects, systems, and products that, in a ranking of all programs, projects, systems, and products of the agency according to greatest dollar value, are within the highest 20th percentile. For purposes of applying such a threshold, the dollar values of various programs, projects, systems, and products of an agency that have individual values below the threshold shall be aggregated if they utilize equivalent planning or design elements, are jointly administered, or are functionally equivalent. (C) Criteria under which the value engineering manager of the agency may, on a case-by-case basis, waive the requirement of this Act to conduct value engineering studies, and procedures and requirements for documenting and maintaining records of the justification for each such waiver. (3) Provide training (including practical experience) in established value engineering methodology to agency staff responsible for coordinating and monitoring value engineering efforts and to staff responsible for developing, reviewing, analyzing, carrying out, changing, and evaluating value engineering proposals. (4) Ensure that funds necessary for conducting agency value engineering efforts are included in annual budget requests to the Office of Management and Budget. (5) Document and maintain records of-- (A) programs, projects, systems, and products that meet agency criteria for requiring the use of value engineering techniques; and (B) determinations (including the reasons therefor) that the recommendations resulting from a value engineering review should not be implemented. (6) Except when inconsistent with this Act, adhere to the acquisition requirements of the Federal Acquisition Regulation, including the use of value engineering clauses in parts 48 and 52 for both prime and subcontractors. (7) In the case of discretionary grants awarded by the agency, establish value engineering requirements, such as requiring grant applications to include a clause requiring the use of value engineering methodology by qualified value engineering personnel in the performance of the grant. (8) Develop annual plans for using value engineering in the agency, which, at a minimum, identify-- (A) the agency and contractor projects, programs, systems, and products to which value engineering techniques will be applied in the next fiscal year; and (B) the estimated costs of such projects, programs, systems, and products. (9) Report annually to the Office of Management and Budget on value engineering activities in accordance with subsection (c). (c) Reports to Office of Management and Budget.-- (1) In general.--The head of each Federal agency shall submit to the Office of Management and Budget an annual report on the results of using value engineering in the agency. The report shall be submitted by February 15 of each year. (2) Contents.--The report required by this subsection shall include the following: (A) The name, job title, address, telephone number, and any additional job titles of the agency's current value engineering manager. (B) The Government's return on investment in value engineering achieved through actual implementation by the agency of recommendations adopted as a result of value engineering, calculated by dividing the amount of savings achieved through such implementation by the cost of performing value engineering reviews. (C) The Government's potential return on investment achievable through value engineering, calculated by dividing the amount of savings achievable through the adoption of recommendations as a result of value engineering by the cost of performing value engineering reviews to produce those recommendations. (D) A description of the application of value engineering to the agency's programs, projects, systems, and products, including the net savings and quality improvements achieved through use of value engineering in those programs, projects, systems, and products. (E) A listing of the criteria adopted by the agency pursuant to subsection (b)(2)(C) for waiving the application of the value engineering requirements of this Act, and documentation of any waivers granted under the criteria. (d) Inspector General Audits.--The Inspector General of each Federal agency shall audit the savings reported by the agency in the second annual report submitted under subsection (c). Thereafter, the Inspector General of each Federal agency shall audit the reported savings every second year. (e) Use of Savings.--Of amounts available to a Federal agency for a fiscal year for a program, project, or system or development of a product that are unobligated at the end of the fiscal year as a result of the application of value engineering in accordance with this Act-- (1) 50 percent shall be available to the agency for-- (A) use in the next fiscal year for that program, project, system, or development; and (B) use for programs in effect on the date of the enactment of this Act under which incentives are provided to employees of the agency to identify and implement methods for achieving savings in programs, projects, systems, and product development of the agency; and (2) 50 percent shall be deposited in the general fund of the Treasury and used to reduce the Federal debt. (f) Review.--The Director of Management and Budget shall review the policies contained in this Act 5 years after the date of the enactment of this Act and shall report the results of such review to Congress. (g) Definitions.--For purposes of this Act, the following definitions apply: (1) The term ``Federal agency'' has the meaning the term ``agency'' has under section 551(1) of title 5, United States Code. (2) The term ``savings'' means a reduction in, or avoidance of, expenditures that would be incurred if programs, projects, systems, and products were not evaluated using value engineering techniques. (3) The term ``value engineering'' means a team effort, performed by qualified agency or contractor personnel, directed at analyzing the functions of a program, project, system, product, item of equipment, building, facility, service, or supply for the purpose of achieving the essential functions at the lowest life-cycle cost that is consistent with required or improved performance, reliability, quality, and safety. (4) The term ``life-cycle cost'' means the total cost of a program, project, system, product, item of equipment, building, facility, service, or supply, computed over its useful life. The term includes all relevant costs involved in acquiring, owning, operating, maintaining, and disposing of the program, project, system, product, item of equipment, building, facility, service, or supply over a specified period of time.

Systematic Application of Value Engineering Act of 1995 - Requires Federal agencies to apply value engineering, at a minimum, to identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. Requires Inspector General audits of reported agency savings attributable to such value engineering. Earmarks half of any such savings for Federal debt reduction, with the other half going back to the program, project, system, or development for use in the next fiscal year.

Systematic Application of Value Engineering Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Company Acountability Act''. SEC. 2. ENERGY TAX REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. ENERGY TAX REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for the taxable year beginning in 2006 in an amount equal to $500. ``(b) Remittance of Payment.--The Secretary shall remit to each taxpayer the payment described in subsection (a) not later than 30 days after the date of the enactment of this section. ``(c) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any individual who did not have any adjusted gross income for the preceding taxable year or whose adjusted gross income for such preceding taxable year exceeded $120,000, ``(2) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for the taxable year beginning in 2006, ``(3) any estate or trust, or ``(4) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Oil Company Acountability Act''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Energy tax rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL COMPANIES. (a) General Rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall-- (1) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (2) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (b) Layer Adjustment Amount.--For purposes of this section-- (1) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (A) $18.75, and (B) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (2) Barrel-of-oil equivalent.--The term ``barrel-of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (c) Application of Requirement.-- (1) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (2) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (d) Applicable Integrated Oil Company.--For purposes of this section, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. SEC. 4. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.'' (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

Oil Company Accountability Act - Amends the Internal Revenue Code to: (1) grant individual taxpayers with adjusted gross incomes of not more than $120,000 a $500 tax rebate in 2006; (2) require large integrated oil companies to make certain adjustments to the value of their LIFO inventories of crude oil, natural gas, or other petroleum products; and (3) deny a foreign tax credit to large integrated oil companies designated as dual capacity taxpayers for amounts paid to a foreign country which does not have a generally applicable income tax and from which such oil companies receive an economic benefit. Defines "large integrated oil companies" as companies with annual gross receipts in excess of $1 billion and average daily worldwide crude oil production of at least 500,000 barrels.

A bill to provide an immediate Federal income tax rebate to help taxpayers with higher fuel costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Threat Protection Act of 2000''. SEC. 2. REVISION OF SECTION 879 OF TITLE 18, UNITED STATES CODE. (a) In General.--Section 879 of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subsection (a)(2); (2) in subsection (a)(3)-- (A) by striking ``the spouse'' and inserting ``a member of the immediate family''; and (B) by inserting ``or'' after the semicolon at the end; (3) by inserting after subsection (a)(3) the following: ``(4) a person protected by the Secret Service under section 3056(a)(6);''; (4) in subsection (a)-- (A) by striking ``who is protected by the Secret Service as provided by law,''; and (B) by striking ``three years'' and inserting ``5 years''; and (5) in subsection (b)(1)(B)-- (A) by inserting ``and (a)(3)'' after ``subsection (a)(2)''; and (B) by striking ``or Vice President-elect'' and inserting ``Vice President-elect, or major candidate for the office of President or Vice President''. (b) Conforming Amendments.-- (1) Heading.--The heading for section 879 of title 18, United States Code, is amended by striking ``protected by the Secret Service''. (2) Table of sections.--The item relating to section 879 in the table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by striking ``protected by the Secret Service''. SEC. 3. CLARIFICATION OF SECRET SERVICE AUTHORITY FOR SECURITY OPERATIONS AT EVENTS AND GATHERINGS OF NATIONAL SIGNIFICANCE. Section 3056 of title 18, United States Code, is amended by adding at the end the following: ``(e)(1) When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of the Treasury, in the planning, coordination, and implementation of security operations at special events of national significance, as determined by the President. ``(2) At the end of each fiscal year, the President through such agency or office as the President may designate, shall report to the Congress-- ``(A) what events, if any, were designated special events of national significance for security purposes under paragraph (1); and ``(B) the criteria and information used in making each designation.''. SEC. 4. NATIONAL THREAT ASSESSMENT CENTER. (a) Establishment.--The United States Secret Service (hereafter in this section referred to as the ``Service''), at the direction of the Secretary of the Treasury, may establish the National Threat Assessment Center (hereafter in this section referred to as the ``Center'') as a unit within the Service. (b) Functions.--The Service may provide the following to Federal, State, and local law enforcement agencies through the Center: (1) Training in the area of threat assessment. (2) Consultation on complex threat assessment cases or plans. (3) Research on threat assessment and the prevention of targeted violence. (4) Facilitation of information sharing among all such agencies with protective or public safety responsibilities. (5) Programs to promote the standardization of Federal, State, and local threat assessments and investigations involving threats. (6) Any other activities the Secretary determines are necessary to implement a comprehensive threat assessment capability. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Service shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives detailing the manner in which the Center will operate. SEC. 5. ADMINISTRATIVE SUBPOENAS WITH REGARD TO PROTECTIVE INTELLIGENCE FUNCTIONS OF THE SECRET SERVICE. (a) In General.--Section 3486(a) of title 18, United States Code, is amended-- (1) so that paragraph (1) reads as follows: ``(1)(A) In any investigation of-- ``(i)(I) a Federal health care offense; or (II) a Federal offense involving the sexual exploitation or abuse of children, the Attorney General; or ``(ii) an offense under section 871 or 879, or a threat against a person protected by the United States Secret Service under paragraph (5) or (6) of section 3056, if the Director of the Secret Service determines that the threat constituting the offense or the threat against the person protected is imminent, the Secretary of the Treasury, may issue in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph (B). ``(B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require-- ``(i) the production of any records or other things relevant to the investigation; and ``(ii) testimony by the custodian of the things required to be produced concerning the production and authenticity of those things. ``(C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service or remote computing service, in an investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond-- ``(i) requiring that provider to disclose the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, which may be relevant to an authorized law enforcement inquiry; or ``(ii) requiring a custodian of the records of that provider to give testimony concerning the production and authentication of such records or information. ``(D) As used in this paragraph, the term `Federal offense involving the sexual exploitation or abuse of children' means an offense under section 1201, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years.''; (2) in paragraph (3)-- (A) by inserting ``relating to a Federal health care offense'' after ``production of records''; and (B) by adding at the end the following: ``The production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States.''; and (3) by adding at the end the following: ``(5) At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court under paragraph (6). ``(6)(A) A United State district court for the district in which the summons is or will be served, upon application of the United States, may issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney in order to obtain legal advice) the existence of such summons for a period of up to 90 days. ``(B) Such order may be issued on a showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in-- ``(i) endangerment to the life or physical safety of any person; ``(ii) flight to avoid prosecution; ``(iii) destruction of or tampering with evidence; or ``(iv) intimidation of potential witnesses. ``(C) An order under this paragraph may be renewed for additional periods of up to 90 days upon a showing that the circumstances described in subparagraph (B) continue to exist. ``(7) A summons issued under this section shall not require the production of anything that would be protected from production under the standards applicable to a subpoena duces tecum issued by a court of the United States. ``(8) If no case or proceeding arises from the production of records or other things pursuant to this section within a reasonable time after those records or things are produced, the agency to which those records or things were delivered shall, upon written demand made by the person producing those records or things, return them to that person, except where the production required was only of copies rather than originals. ``(9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii) may require production as soon as possible, but in no event less than 24 hours after service of the subpoena. ``(10) As soon as practicable following the issuance of a subpoena under paragraph (1)(A)(ii), the Secretary of the Treasury shall notify the Attorney General of its issuance.''. (b) Conforming Amendments.-- (1) Section heading.--The heading for section 3486 of title 18, United States Code, is amended by striking: ``in Federal health care investigations''. (2) Table of sections.--The item relating to section 3486 in the table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by striking: ``in Federal health care investigations''. (3) Conforming repeal.--Section 3486A, and the item relating to that section in the table of sections at the beginning of chapter 223, of title 18, United States Code, are repealed. (c) Technical Amendment.--Section 3486 of title 18, United States Code, is amended-- (1) in subsection (a)(4), by striking ``summoned'' and inserting ``subpoenaed''; and (2) in subsection (d), by striking ``summons'' each place it appears and inserting ``subpoena''. SEC. 6. FUGITIVE APPREHENSION TASK FORCES. (a) In General.--The Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General for the United States Marshals Service to carry out the provisions of this section $30,000,000 for the fiscal year 2001, $5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 2003. (c) Other Existing Applicable Law.--Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law enforcement agencies to locate or apprehend fugitives through task forces or any other means. SEC. 7. STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS. (a) Study on Use of Administrative Subpoenas.--Not later than December 31, 2001, the Attorney General, in consultation with the Secretary of the Treasury, shall complete a study on the use of administrative subpoena power by executive branch agencies or entities and shall report the findings to the Committees on the Judiciary of the Senate and the House of Representatives. Such report shall include-- (1) a description of the sources of administrative subpoena power and the scope of such subpoena power within executive branch agencies; (2) a description of applicable subpoena enforcement mechanisms; (3) a description of any notification provisions and any other provisions relating to safeguarding privacy interests; (4) a description of the standards governing the issuance of administrative subpoenas; and (5) recommendations from the Attorney General regarding necessary steps to ensure that administrative subpoena power is used and enforced consistently and fairly by executive branch agencies. (b) Report on Frequency of Use of Administrative Subpoenas.-- (1) In general.--The Attorney General and the Secretary of the Treasury shall report in January of each year to the Committees on the Judiciary of the Senate and the House of Representatives on the number of administrative subpoenas issued by them under this section and the identity of the agency or component of the Department of Justice or the Department of the Treasury issuing the subpoena and imposing the charges. (2) Expiration.--The reporting requirement of this subsection shall terminate in 3 years after the date of the enactment of this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 3) Authorizes the Secret Service, at the direction of: (1) the President, under the direction of the Secretary of the Treasury, to participate in the planning, coordination, and implementation of security operations at events or gatherings of national significance; and (2) the Secretary, to establish the National Threat Assessment Center as a unit within the Service. Sets forth provisions regarding functions of the Center and reporting requirements. (Sec. 5) Rewrites provisions regarding administrative subpoenas in Federal health care investigations to provide that, in any investigation of a Federal health care offense or a Federal offense involving the sexual exploitation or abuse of children, the Attorney General (or, in the case of an offense involving threats against the President and successors to the Presidency, or against former Presidents and certain other persons protected by the Secret Service, if the Secret Service Director determines that such threat is imminent, the Secretary) may issue in writing and cause to be served a subpoena requiring the production of any records or other things relevant to the investigation and testimony by the custodian of the things required to be produced concerning the production and authenticity of those things. Specifies that the production of records relating to a Federal health care offense shall not be required at any place more than 500 miles from the place where the subpoena for the production of such records is served, and that the production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States. Allows the person or entity summoned, at any time before the return date specified in the summons, to petition in U.S. district court for the district in which that person or entity does business or resides for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court. Authorizes a U.S. district court for the district in which the summons is or will be served, upon application of the United States, to issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney to obtain legal advice) the existence of such summons for a 90-day period. Specifies that such order may be issued upon a showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in: (1) endangerment to the life or physical safety of any person; (2) flight to avoid prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) defeating any remedy or penalty provided for the violation of the laws of the United States. Sets forth provisions regarding: (1) renewal for additional 90-day periods; and (2) penalties for violations. Prohibits such a summons from requiring the production of anything that would be protected from production under standards applicable to a subpoena duces tecum issued by a U.S. court. Directs the agency to which those records or things were delivered, if no case or proceeding arises from their production within a reasonable time, to return them (upon written demand) to that person, except where the production required only copies. (Sec. 6) Directs the Attorney General to establish permanent Fugitive Apprehension Task Forces, consisting of Federal, State, and local law enforcement authorities, to locate and apprehend fugitives. Authorizes appropriations. (Sec. 7) Requires the: (1) Attorney General to study and report to the Senate and House Judiciary Committees on the use of subpoena power by executive agencies or entities; and (2) Attorney General and Secretary to report to such committees on the number of subpoenas issued and the Federal agency or component issuing the subpoena.

Presidential Threat Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Aquaculture Enhancement Act of 1994''. SEC. 2. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER PROGRAM. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended by inserting after section 206 the following: ``SEC. 206A. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER PROGRAM. ``(a) Marine Aquaculture Research, Development, and Technology Transfer Program.--The national sea grant college program under section 204 shall include a marine aquaculture research, development, and technology transfer program (in this section referred to as the `Program') under which the Secretary, acting through the Director, shall make grants and enter into contracts in accordance with this section, and engage in other activities authorized under this Act, to further research, development, education, and technology transfer in marine aquaculture and accelerate the development, growth, and commercialization of the domestic marine aquaculture industry. ``(b) Program Scope.--The Program shall include research, development, technology transfer, education, and marine advisory programs that address at least the following: ``(1) The development of domestic marine aquaculture products that are commercially competitive in the world market. ``(2) Fundamental biological knowledge that is needed for domesticating and commercializing marine species that are candidates for aquaculture. ``(3) Environmentally safe technologies, methods, and systems for culturing marine species in the coastal environment. ``(4) Aquaculture technologies that are compatible with other uses of the sea. ``(5) Application of marine biotechnology to aquaculture. ``(6) Methods for addressing and resolving conflicts between marine aquaculture and other uses of the coastal environment. ``(7) Comparative studies of State practices regarding the regulation and promotion of marine aquaculture, so as to identify interstate conflicts and issues. ``(c) Sea Grant Marine Advisory Services.--The Secretary shall maintain within the Marine Advisory Service, the capability to transfer relevant technologies and information to the marine aquaculture industry. Particular emphasis shall be given to the matters referred to in subsection (b) (1) through (7). ``(d) Administration.--In carrying out the Program, the Director shall-- ``(1) coordinate and administer the relevant activities of the sea grant colleges and any advisory committee or review panel established under subsection (f); ``(2) consult with the Joint Subcommittee on Aquaculture and the aquaculture industry to identify program priorities and needs and, to the extent possible, undertake collaborative efforts; and ``(3) provide general oversight to ensure that the Program produces the highest quality research, education, and technology transfer and leads to opportunities for business development, the commercialization of marine aquaculture products, and jobs creation. ``(e) Grants and Contracts.-- ``(1) In general.--The Director, subject to the availability of appropriations, shall award grants and contracts in accordance with procedures, requirements, and restrictions under section 205 (c) and (d) for aquaculture education, technology transfer, and advisory projects based on a competitive review of-- ``(A) their respective scientific, technical, and educational merits; and ``(B) their likelihood of producing information and technology which lead to the growth, development, and commercialization of the marine aquaculture industry. ``(2) Special requirements.--In addition to requirements applicable under section 205, applications for grants and contracts under this subsection shall be-- ``(A) received, evaluated, and selected by the appropriate directors of sea grant colleges; ``(B) forwarded by those directors to the Director; and ``(C) evaluated by a review panel established in accordance with subsection (f). ``(3) Funding.--Grants made and contracts entered into under this section shall be funded with amounts available from appropriations made pursuant to the authorization provided for under section 212(c), except that if the project under a grant or contract was considered and approved, in whole or part, under grant or contract authority provided for under section 205 (a) or (b) or section 3 of the Sea Grant Program Improvement Act of 1976, the grant or contract shall be funded from amounts available to carry out that section. ``(f) Marine Aquaculture Review Panels.-- ``(1) Establishment and duties.--The Director, in consultation with the directors of a sea grant college and representatives of the marine aquaculture industry, shall establish such advisory committees and review panels as may be necessary to carry out this section. ``(2) Membership.--At least 25 percent of the members of any advisory committee or review panel established under this subsection shall be appointed from among representatives of the marine aquaculture industry. ``(3) Access to evaluations of grants and contracts.--The Director shall provide to each advisory committee and review panel established under this subsection copies of appropriate grant and contract application evaluations prepared by directors of sea grant colleges under subsection (e)(2)(A). ``(g) Marine Aquaculture Defined.--As used in this section, the term `marine aquaculture' means aquaculture which is conducted in controlled or other tidal fresh, brackish, or coastal environments, including the Great Lakes. ``(h) Authorization of Appropriations.-- ``(1) Grants and contracts.--There is authorized to be appropriated to carry out this section (other than for administration)-- ``(A) $5,000,000 for each of fiscal years 1995 and 1996; and ``(B) $7,000,000 for each of fiscal years 1997 and 1998. ``(2) Administration.--There is authorized to be appropriated for the administration of this section the lesser of-- ``(A) for each fiscal year, 2 percent of the total amount appropriated to carry out this section 1995 and 1996; and ``(B)(i) $100,000, for each of fiscal years 1995 and 1996; and ``(ii) $120,000 for each of fiscal years 1997 and 1998.''. SEC. 3. AQUACULTURE IN THE COASTAL ZONE. The Coastal Zone Management Act of 1972 is amended-- (1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at the end of the following: ``(4) The development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone.''; and (2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the end the following: ``(9) Adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone which will enable States to formulate, administer, and implement strategic plans for marine aquaculture.''. SEC. 4. OFFSHORE MARINE AQUACULTURE PERMITTING. (a) Ownership, Construction, and Operation of Offshore Marine Aquaculture Facilities.--No person may own, construct, or operate an offshore marine aquaculture facility except as authorized by a permit issued under this section. (b) Permit Issuance and Term.-- (1) In general.--The Secretary may issue, amend, renew, or transfer in accordance with this section permits which authorize the ownership, construction, or operation of an offshore marine aquaculture facility. (2) Term.--The term of a permit under this section shall be 10 years. (c) Permit Prerequisites.--The Secretary may not issue, amend, renew, or transfer a permit to a person under this section unless-- (1)(A) each of the officials referred to in subsection (e)(1) has certified to the Secretary that the activities to be conducted under the permit would comply with laws administered by the official; or (B) the permit establishes the conditions transmitted under subsection (e)(3)(A) by each of those officials that does not make that certification, and each of the remainder of those officials makes that certification; (2) the Secretary determines that-- (A) construction and operation of a facility under the permit will be in the national interest and comply with the environmental standards established by the Secretary under subsection (k); (B) the site for the facility will not interfere with facilities previously permitted under this section or any other Federal law; and (C) the person, upon revocation or surrender of the permit, will properly dispose of or remove the facility as directed by the Secretary; and (3) the person provides to the Secretary a bond or other assurances to pay for all costs associated with the removal of the facility. (d) Public Notice and Comment Period.-- (1) Notice.--The Secretary shall publish in the Federal Register-- (A) notice of receipt of each application for a permit under this section; and (B) notice of issuance of each permit issued, amended, renewed, or transferred under this section. (2) Public comment.--The Secretary shall provide a period of at least 90 days for the submission by the public of comments regarding each application received by the Secretary for the issuance, amendment, renewal, or transfer of a permit under this section. (e) Agency Notice and Comment.-- (1) Transmission of copies of applications.--Not later than 30 days after receiving of an application for a permit under this section, the Secretary shall forward a copy of the application to-- (A) the Secretary of the department in which the Coast Guard is operating; (B) the Administrator of the Environmental Protection Agency; (C) the Attorney General; (D) the Secretary of State; (E) the Chairman of the Regional Fishery Management Council under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) having authority over waters in which would occur the activities for which the permit is sought; (F) the Secretary of Defense; and (G) the Governor of each State that-- (i) would be affected by activities for which the permit is sought; and (ii) has an approved coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (2) Certification of compliance.--Subject to paragraph (4), not later than 120 days after receiving a copy of a permit application transmitted under paragraph (1) of the official shall certify to the Secretary whether or not the activities to be conducted under the permit would comply with laws administered by the official. (3) Transmittal of reasons for noncompliance and permit conditions.--If an official certifies under paragraph (1) that activities to be conducted under a permit is sought would not comply with a law-- (A) the official shall transmit to the Secretary the reasons for that noncompliance and any permit conditions that would ensure compliance; and (B) the Secretary shall establish those conditions in any permit for the activity issued under this section. (4) Extension of time for certification.--An official may request, in writing, that the Secretary extend by not more than 60 days the period for making certifications under paragraph (2). The Secretary may grant the extension for good cause shown. (f) Permit Revocation or Surrender.-- (1) Revocation.--The Secretary may revoke any permit issued under this section if the permittee is found to be in violation of any term of the permit, this section, or any regulation promulgated pursuant to this section. (2) Surrender.--A permitee may surrender a permit under this section to the Secretary at any time, subject to any safeguards or conditions established by the Secretary. (g) Permit Renewal and Transfer.--A permit under this section may be renewed or transferred in accordance with the procedures and requirements applicable to the issuance of a new permit. The term of a permit, upon renewal, shall not exceed 10 years. (h) Fees.--The Secretary shall assess permit fees to cover the cost of administering the program authorized by this section. (i) Civil Penalty.--The Secretary may assess a civil penalty of not more than $100,000 for each violation of a permit under this section. (j) Promulgation of Regulations.--The Secretary shall promulgate regulations necessary to carry out this section. (k) Environmental Standards.-- (1) Establishment.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations which establish minimum environmental standards with respect to offshore marine aquaculture facilities. Such standards shall be designed to minimize the potential for inadvertent impacts on the marine environment from such facilities, and shall include-- (A) safeguards to prevent escape of marine organisms from the facility and the intermingling of those organisms with wild stocks; (B) safeguards to prevent transmission of disease to wild stocks; and (C)--safeguards to minimize degradation of the marine environment where the facility is located and the surrounding vicinity. (2) Inclusion of permit terms.--The standards established under paragraph (1) shall be treated as part of the terms of each permit issued under this section. (l) Definitions.--For the purposes of this section: (1) Offshore marine aquaculture facility.--The term ``offshore marine aquaculture facility'' means any commercial facility which is located in whole or in part in waters beyond State jurisdiction within the territorial sea or the exclusive economic zone of the United States, the purpose of which is to raise, breed, grow, harvest, or sell any marine or estuarine organism. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (3) Person.--The term ``person'' means a citizen of the United States. SEC. 5. THE NANTUCKET PROGRAM. (a) Establishment of Program.--There is established within the National Oceanic and Atmospheric Administration a marine aquaculture development program to be known as the Nantucket Program (in this section referred to as the ``Program''). The purpose of the Program is to expand coastal economic opportunities through activities that provide job training, technical assistance, and employment opportunities in marine aquaculture, transplant, and relay operations. (b) Grants.-- (1) In general.--Subject to the availability of appropriations, the Secretary of Commerce (in this section referred to as the ``Secretary'') shall provide grants under the Program to eligible coastal communities to develop marine aquaculture training and support activities that contribute to achieving the purpose of the Program set forth in subsection (a). (2) Grant eligibility.--A coastal community shall be an eligible coastal community under paragraph (1) if the Secretary determines that the community meets the criteria issued under paragraph (3). (3) Eligibility criteria.--The Secretary shall issue guidelines and criteria for determining whether a coastal community is an eligible coastal community under paragraph (1). (c) Authorization of Appropriations.--For grants under subsection (b) there are authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 1995, 1996, and 1997. SEC. 6. MULTISPECIES AQUACULTURE CENTER. (a) Establishment of Center.--The Secretary of Commerce may establish in southern New Jersey, a Multispecies Aquaculture Center (in this section referred to as the ``Center''). (b) Functions of Center.--The Center shall promote the development of the aquaculture industry through a variety of activities, including by-- (1) serving as a demonstration facility for technology transfer and the commercialization of aquaculture research; and (2) providing extension services to aquaculture producers, including with respect to production diversification, disease control, water quality maintenance, and product marketing. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for establishment and operation of the Center $4,500,000 for fiscal years 1995, 1996, and 1997. HR 4853 IH----2

Marine Aquaculture Enhancement Act of 1994 - Amends the National Sea Grant College Program Act to include a marine aquaculture research, development, and technology transfer program. Directs the Secretary of Commerce to make grants, enter into contracts, and engage in specified other activities under such program to further research, development, education, and technology transfer in marine aquaculture and accelerate the development, growth, and commercialization of the domestic marine aquaculture industry. Specifies that the Program shall include research, development, technology transfer, education, and marine advisory programs that address specified issues, such as the application of marine biotechnology to aquaculture. Directs the Secretary to maintain within the Marine Advisory Service the capability to transfer relevant technologies and information to such industry. Sets forth provisions regarding: (1) administration; and (2) grants and contracts, including funding. Requires the Director to estalish advisory committees and review panels and provide them with copies of appropriate grant and contract application evaluations prepared by directors of sea grant colleges. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to include among authorized objectives of: (1) coastal resource improvement grants, the development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone; and (2) coastal zone enhancement grants, the adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone which will enable States to formulate, administer, and implement strategic plans for marine aquaculture. Prohibits owning, contructing, or operating an offshore marine aquaculture facility except as authorized by permit. Authorizes the Secretary to issue, amend, renew, or transfer permits. Sets the term of a permit at ten years. Sets forth provisions regarding permit prerequisites, public and agency notice and comment, certification of compliance, permit revocation, surrender, renewal, and transfer, fees, civil penalties, and related issues. Directs the Secretary to establish minimum environmental standards for offshore marine aquaculture facilities designed to minimize the potential for inadvertent impacts on the marine environment, including specified safeguards. Establishes within the National Oceanic and Atmospheric Administration a marine aquaculture development program, the Nantucket Program, to expand coastal economic opportunities. Directs the Secretary to provide grants under such Program to eligible coastal communities to develop marine aquaculture training and support activities. Authorizes appropriations. Authorizes the Secretary to establish in southern New Jersey a Multispecies Aquaculture Center. Authorizes appropriations.

Marine Aquaculture Enhancement Act of 1994

SECTION 1. SHORT TITLE. This bill shall be called the ``National Petroleum Reserve Alaska Access Act''. SEC. 2. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA. It is the sense of Congress that-- (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES. Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as follows: ``(a) In General.--The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2011 through 2021.''. SEC. 4. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with the Secretary of Transportation, shall facilitate and ensure permits, in an environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to-- (1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) transport oil and gas from and through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline.--The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill. (c) Plan.--To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. SEC. 5. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT. (a) In General.--The Secretary of the Interior shall issue regulations within 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve in Alaska. (b) Deadlines.--At a minimum, the regulations shall-- (1) require the Department to respond within 5 business days acknowledging receipt of any permit application for such development; and (2) establish a timeline for the processing of each such application, that-- (A) specifies deadlines for decisions and actions on permit applications; and (B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. (c) Actions Required for Failure To Comply With Deadlines.--If the Department fails to comply with any deadline under subsection (b) with respect to a permit application, the Secretary shall notify the applicant every 5 days with specific information regarding the reasons for the permit delay, the name of the specific Department office or offices responsible for issuing the permit and for monitoring the permit delay, and an estimate of the time that the permit will be issued. SEC. 6. UPDATED RESOURCE ASSESSMENT. (a) In General.--The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and Consultation.--The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing.--The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act. (d) Funding.--The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.

National Petroleum Reserve Alaska Access Act - (Sec. 2) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR. (Sec. 3) Amends the Naval Petroleum Reserves Production Act of 1976 to require the mandatory program of competitive leasing of oil and gas in the NPR to include at least one lease sale annually in those areas of the NPR most likely to produce commercial quantities of oil and natural gas each year in the period 2011-2021. (Sec. 4) Directs the Secretary of the Interior to ensure permits, according to a specified timeline, for all surface development activities, including pipelines and roads construction to: (1) develop and bring into production any areas within the NPR that are subject to oil and gas leases; and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska. (Sec. 5) Instructs the Secretary to issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR. (Sec. 6) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including all conventional and unconventional oil and natural gas. Requires the resource assessment to be implemented by the U.S. Geological Survey, which is authorized to use resources and funds provided by the state of Alaska.

To amend the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an expeditious program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska, including at least one lease sale in the Reserve each year in the period 2011 through 2021, and for other purposes.